CPL 410 VOLUME 2 Flashcards
410.70 - Hearing on violation
The court may not revoke or extend a sentence of probation or conditional discharge unless:
1. The court has found the defendant has _______________________ of the sentence and
2. The defendant has had an opportunity to ____________
Violated ………… a condition ………. be heard
410.70 - Hearing on violation
The defendant is entitled to a ___________ promptly after the filing of a Declaration of delinquency, fixing bail or commitment
hearing
410.70 - Hearing on violation
The court must file or cause to be filed a ___________ setting forth the conditions violated and a reasonable description of the time, place and manner in which the violation occurred.
statement
410.70 - Hearing on violation
The defendant must appear within ______________ of the court’s issuance of the notice to appear. The defendant must appear and be given a copy of the statement. The defendant can now make a statement or request an adjournment to prepare for a hearing. If no statement is given or the court does not accept the statement, it will proceed to hearing
TEN(10) BUSINESS DAYS
410.70 - Hearing on violation
- The hearing on violation is a summary hearing by the court with no jury.
- A finding of a violation of a condition of the sentence is based upon a ______________
PREPONDERANCE OF THE EVIDENCE
410.70 - Hearing on violation
Defendant is entitled to _____________ at all stages and must be advised of such right
counsel
410.70 - Hearing on violation
Know this: The court can ___________________________ the sentence of probation or conditional discharge
If the court revokes the sentence it must __________________ the defendant
REVOKE, CONTINUE or MODIFY…………. resentence
410.70 - Hearing on violation
If the court continues or modifies the sentence it must vacate the _________________ and direct the defendant to be released. The court may extend the remaining period of probation up to the maximum term authorized by PL 65.00. The defendant will receive credit for previous time spent on probation or in custody
Declaration of delinquency
410.80 - Transfer of supervision of probationers
Probation monitoring can be transferred to another probation department within the state if the defendant resides there at time of sentencing. If the defendant desires to move to another jurisdiction after sentence has been imposed, the court may in its discretion approve the change in residency and transfer supervision to the appropriate probation authority.
CC
410.80 - Transfer of supervision of probationers
The receiving court has the same powers as the original sentencing court and takes over sole jurisdiction including ART.23 correction law matters. Upon transfer the sentencing court SHALL immediately forward its ________________ to the receiving court
entire case record
410.90 — Termination of sentence
- The court may at anytime terminate a period of probation for the conviction of a crime… except for _______________ , or terminate a Conditional Discharge for conviction of an offense
- The court may terminate a person on lifetime probation who has been on unrevoked probation for at least ____________ consecutive years
LIFETIME PROBATION……….. FIVE(5)
410.90 — Termination of sentence
The court shall grant a request to_______________ probation, when the court is of the opinion that the probationer:
- Is no longer in need of such guidance
- Has diligently complied with the terms and conditions
- The termination of probation is not adverse to the public interest
terminate
410.90 — Termination of sentence
Prior to termination, the court must also be satisfied that a good faith effort has been made to pay ___________ OR ______________ if part of the sentence
restitution or reparation
410.90 — Termination of sentence
The court shall grant a request to terminate a conditional discharge, when the court is of the opinion that the defendant:
- Has diligently complied with the terms and conditions of the sentence of conditional discharge and
- The termination of the sentence of conditional discharge is not adverse to the public interest
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(NEW) 410.90-a Superior court; youth part.
Notwithstanding any other provisions of this article, all proceedings relating to a juvenile offender or adolescent offender shall be heard in the ___________ of the superior court having jurisdiction and any intrastate transfers under this article shall be between courts designated as a youth part.
youth part
410.91 — Sentence of Parole Supervision
A sentence of Parole supervision is an indeterminate sentence, having a __________ AND ___________, or a determinate sentence of imprisonment, which may be imposed upon an eligible defendant
minimum term and maximum term
410.91 — Sentence of Parole Supervision
If the court directs a sentence to be executed as a sentence of parole, the defendant is initially remanded to a “_______________ ” (no open bar or balloons here, that’s a ha ha).
reception center
410.91 — Sentence of Parole Supervision
This center is operated by the state department of correctional services and the defendant will remain there for a period not to exceed ______________
TEN(10) DAYS
410.91 — Sentence of Parole Supervision
A person receiving such a sentence is under the supervision of the state division of parole and is initially placed in a drug treatment campus for a period of _____________ and then is released there from
NINETY(90) DAYS
410.91 — Sentence of Parole Supervision
In general, an “______________ for Parole Supervision
in this section is a felony offender convicted of specific offenses, who has not previously been convicted of violent felony offenses or Class A or B felonies
eligible defendant”
410.91 — Sentence of Parole Supervision
The court may direct that an indeterminate or determinate sentence be carried out as a sentence of _____________ when the court finds that:
- the defendant has a history of _____________ that was a contributing factor to his criminal activity
- the defendant’s controlled substance dependence can be addressed by a sentence of parole supervision
- the imposition of such sentence would not have an adverse effect on public safety
parole supervision………..controlled substance dependence
410.91 — Sentence of Parole Supervision
Upon delivery of the defendant to the reception center, he or she shall be furnished with a copy of the_______________ and acknowledge receipt of such in writing
conditions of parole
410.91 — Sentence of Parole Supervision
A ____________ will be developed for the defendant based on his special needs while in the program and shall include periodic pee in a cup tests ©
specific program
410.91 — Sentence of Parole Supervision
Upon completion of the drug treatment program at the campus, a parolee is furnished with money, clothing and transportation to the county where the parolee’s supervision will continue “Welcome Home Jonny”
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