CPL 410 VOLUME 2

Question 1

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 ____________

Answer 1

Violated ………… a condition ………. be heard

Question 2

410.70 - Hearing on violation

The defendant is entitled to a ___________ promptly after the filing of a Declaration of delinquency, fixing bail or commitment

Answer 2

hearing

Question 3

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.

Answer 3

statement

Question 4

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

Answer 4

TEN(10) BUSINESS DAYS

Question 5

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 ______________

Answer 5

PREPONDERANCE OF THE EVIDENCE

Question 6

410.70 - Hearing on violation

Defendant is entitled to _____________ at all stages and must be advised of such right

Answer 6

counsel

Question 7

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

Answer 7

REVOKE, CONTINUE or MODIFY…………. resentence

Question 8

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

Answer 8

Declaration of delinquency

Question 9

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.

Answer 9

CC

Question 10

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

Answer 10

entire case record

Question 11

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

Answer 11

LIFETIME PROBATION……….. FIVE(5)

Question 12

410.90 — Termination of sentence

The court shall grant a request to_______________ probation, when the court is of the opinion that the probationer:

1. Is no longer in need of such guidance
2. Has diligently complied with the terms and conditions
3. The termination of probation is not adverse to the public interest

Answer 12

terminate

Question 13

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

Answer 13

restitution or reparation

Question 14

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:

1. Has diligently complied with the terms and conditions of the sentence of conditional discharge and
2. The termination of the sentence of conditional discharge is not adverse to the public interest

Answer 14

XX

Question 15

(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.

Answer 15

youth part

Question 16

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

Answer 16

minimum term and maximum term

Question 17

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).

Answer 17

reception center

Question 18

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 ______________

Answer 18

TEN(10) DAYS

Question 19

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

Answer 19

NINETY(90) DAYS

Question 20

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

Answer 20

eligible defendant”

Question 21

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:

1. the defendant has a history of _____________ that was a contributing factor to his criminal activity
2. the defendant’s controlled substance dependence can be addressed by a sentence of parole supervision
3. the imposition of such sentence would not have an adverse effect on public safety

Answer 21

parole supervision………..controlled substance dependence

Question 22

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

Answer 22

conditions of parole

Question 23

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 ©

Answer 23

specific program

Question 24

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”

Answer 24

XX