CPL 420 Volume 1

Question 1

420.05- Payment of fines, surcharges and fees by credit card

When the court imposes a fine, surcharge or fee upon a person convicted of any offense, the fine CAN be paid by ____________ .

Answer 1

CREDIT CARD

Question 2

420.10 — Collection of fines, restitution or reparation

The court designates an official other than ____________ to whom the payment is to be remitted

Answer 2

the DA

Question 3

420.10 — Collection of fines, restitution or reparation

The court can direct the defendant to pay:
1. The entire amount at ___________
2. The entire amount at ____________
3. Specified portions at ______________

Answer 3

Sentence………..some later date…………. intervals

Question 4

420.10 — Collection of fines, restitution or reparation

Payment of any restitution, reparation or surcharge takes priority over payment of _________

Answer 4

a fine

Question 5

420.10 — Collection of fines, restitution or reparation

Payment of fines, restitution and surcharge can be condition of _____________

Answer 5

a probation sentence

Question 6

420.10 — Collection of fines, restitution or reparation

If cash bail has been posted by ___________ and not forfeited, the court can direct that it be used toward the payment of restitution or fines and that the _________ gets paid first before the __________

Answer 6

the defendant as principal,………. restitution……… fines

Question 7

420.10 — Collection of fines, restitution or reparation
Payments of restitution or reparation to a victim that is deceased goes to_____________

Answer 7

the estate of the deceased

Question 8

420.10 — Collection of fines, restitution or reparation

• A sentence may provide that ____________ can occur until a fine, restitution or reparation is paid off.
• Such provision may be stated at time of sentence, however can be added later while the fine is still overdue as long as the defendant is __________ when the condition is added

Answer 8

Imprisonment …….present

Question 9

420.10 — Collection of fines, restitution or reparation

• In any case where a fine is overdue the court may issue a _________ directing a peace officer or police officer to bring the defendant before the court which issued warrant.
• If such court is unavailable, then without UNNECESSARY DELAY the defendant is to be brought to an ______________ or to be lodged with the Dept. of _____________
• If the issuing court is a Superior Court, the defendant will remain in ____________ until the next session of such Superior Court occurring on____________

Answer 9

Warrant……. alternate local criminal court ……Corrections……. in corrections ……… the next business day

Question 10

420.10 — Collection of fines, restitution or reparation

The defendant has the right to ask to be _________ if he is unable to pay a fine that directs imprisonment until it’s paid

Answer 10

resentenced

Question 11

420.10 — Collection of fines, restitution or reparation

Maximum periods of imprisonment for failure to pay fine, restitution or reparation: (know this cold)

1. Felony - Not to exceed _________
2. Misdemeanor - Not to exceed________ the maximum authorized term
3. Petty offense - Not to exceed ___________

Answer 11

One Year… 1/3 ….. 15 days

Question 12

420.10 — Collection of fines, restitution or reparation

Where the defendant is sentenced to time and a fine…the total of the period of imprisonment for failure to pay the fine and the term of imprisonment cannot exceed _____________ by law

Answer 12

the maximum allowable sentence

Question 13

420.10 — Collection of fines, restitution or reparation

Upon application for resentence by a defendant, if the court is satisfied the defendant is unable to pay the fine, restitution or reparation, it MUST:

1. ________ the terms of payment
2. _________ the amount due of the fine, restitution or reparation
3. ___________ the portion of the sentence requiring payment of a fine, restitution or reparation
4. Revoke the_________ and resentence the defendant to any sentence it could have originally imposed, except that any fine, restitution or reparation must be for an amount the defendant can pay

Answer 13

Adjust …… Lower ……..Revoke …….. entire sentence

Question 14

420.10 — Collection of fines, restitution or reparation

The DA MAY or MUST (upon order of the court) institute __________

Answer 14

collection proceedings

Question 15

420.10 — Collection of fines, restitution or reparation

• The chief elected official in each county or the mayor in the city of NY, shall designate a restitution agency other than _____________ for collection of restitution or reparation proceeds.
• Such agency is responsible for ____________ on a monthly basis of the number of restitution and reparation orders issued and satisfied.
• A probation department designated as the restitution agency must forward such data within the first ________ , following the end of each month

Answer 15

the DA……collection of data ……TEN (10) DAYS

Question 16

420.20 — Collection of fines, restitution or reparation imposed upon corporations

Where a Corporation is sentenced to pay a fine, restitution or reparation, it (MUST/MAY) be paid at the time the sentence is imposed.

Answer 16

MUST

Question 17

420.30 — Remission of fines, restitution or reparation (to forgive or pardon)

Only the Superior Court can REMIT a fine, restitution or reparation on __________ notice to the DA and anyone else required to be given notice of the issuance of such

Answer 17

FIVE({5) DAYS

HINT: REMIT = 5 letters / 5 days

Count with me: REMIT - 1, 2, ,3, 4, 5

Question 18

420.30 — Remission of fines, restitution or reparation (to forgive or pardon)

• Each person given notice shall have an opportunity to be heard on the issue of ______________ .
• If the court remits such fine, restitution or reparation it must place the reason on the record

Answer 18

remittance

Question 19

420.30 — Remission of fines, restitution or reparation (to forgive or pardon)

(NEW)
**No mandatory surcharge, sex offender registration fee, DNA databank fee, or crime victim assistance fee shall be remitted in New York State, except when the defendant was under the age of 21 at the time of the offense and the court finds that:

• The fee would work an unreasonable hardship on the defendant, their family, or dependents.
• The fee would adversely impact the defendant’s reintegration into society.
• The interests of justice so require.

Answer 19

no event

(NEW) Restrictions. EXCEPT as provided for in subdivision two-a of section 420.35 of this article, in ________ shall a mandatory surcharge, sex offender registration fee, DNA databank fee or crime victim assistance fee be remitted.

2-a. A court may waive any mandatory surcharge, additional surcharge, town or village surcharge, the crime victim assistance fee, DNA databank fee, sex offender registration fee and/or supplemental sex offender victim fee when the court finds that the defendant was under the age of twenty-one at the time the offense was committed and:
(a) the imposition of such surcharge or fee would work an unreasonable hardship on the defendant, his or her immediate family, or any other person who is dependent on such defendant for financial support; or
(b) after considering the goal of promoting successful and productive reentry and reintegration as set forth in the penal law, the imposition of such surcharge or fee would adversely impact the defendant’s reintegration into society; or
(c) the interests of justice.