CPL Article 216

Question 1

T/F?
Eligible defendant means person charged in indictment or superior court information with A, B, C, or E felony.

Answer 1

False (CPL 216)
Not A

Question 2

T/F?
A defendant excluded for eligibility as an eligible defendant MAY become an eligible defendant upon the prosecutor’s consent.

Answer 2

True (CPL 216)

Question 3

T/F?
Upon request by an eligible defendant at any time after arraignment, the court may order an alcohol and substance abuse evaluation.

Answer 3

False (CPL 216)
at any time after arraignment, but prior to the entry of a plea of guilty or the commencement of trial

Question 4

At proceeding to determine whether a defendant is an eligible defendant for diversion, the court: MAY/MUST consider oral and written arguments, MAY/MUST take testimony from witnesses offered by either party, MAY/MUST consider other relevant evidence.

Answer 4

MAY…..MAY…..MAY (CPL 216.05)

Question 5

T/F?
Generally, if court determines that defendant should be offered diversion, or where parties agree to diversion, the defendant shall be required to enter a plea of guilty.

Answer 5

True (CPL 216.05)
EXCEPT where 1. the people and the court consent to entry of diversion order without a plea of guilty, or 2. court finds exceptional circumstances.

Question 6

T/F?
Upon receipt of defendant’s agreement to abide by the release conditions, the court shall issue a securing order (bail, ROR, or conditional release).

Answer 6

True (CPL 216.05)

Question 7

Court retains jurisdiction during diversion treatment and may order court appearance. Court shall provide notice of court appearance to the people, _________, the defendant, and defendant’s counsel.

Answer 7

The treatment provider (CPL 216.05)

Question 8

T/F?
Defendant may at any time advise the court that he or she wishes to terminate participation in the judicial diversion program.

Answer 8

True (CPL 216.05)