FCA Article 3 Designated felony acts; restrictive placement Flashcards
353.5. Designated felony acts; restrictive placement.
Where the respondent is found to have committed a designated felony act, the order of disposition shall be made within _____________ of the conclusion of the dispositional hearing and shall include a finding based on a preponderance of the evidence whether the defendant is in need of restrictive placement
TWENTY (20) DAYS
353.5. Designated felony acts; restrictive placement.(Bard)
The time spent in detention pending disposition will be credited towards the initial period of placement under this section, unless the court finds that it would not be in the respondent’s best interests or the community’s best interests.
If the respondent has been in detention pending disposition, the initial period of placement ordered under this section shall be credited with and diminished by the amount of time spent by the respondent in detention prior to the commencement of the placement unless the court finds that all or part of such credit would not serve the needs and best interests of the respondent or the need for protection of the community.
353.5. Designated felony acts; restrictive placement.
The court shall order restrictive placement in any case where the respondent inflicted serious injury during the commission of a designated felony act upon a person who is _________ years of age or more
A. Sixty
B. Sixty-two
C. Sixty-three
D. Sixty-four
B. Sixty-two
353.5. Designated felony acts; restrictive placement.
Placement - DESIGNATED CLASS A FELONY ACT:
- When the order for restrictive placement is for a youth found to have committed a designated class A felony act, the respondent shall be placed for initial period of ________
- The youth will be placed in a secure facility for at least ______ but not more than __________.
FIVE (5) YEARS…… twelve (12) months…. eighteen(18) months
353.5. Designated felony acts; restrictive placement.
Placement - DESIGNATED CLASS A FELONY ACT:
During the first ___________ months of the youth’s placement, no motion, hearing, or order may be made, held, or granted for a new hearing, staying, modifying, or terminating an order except for a motion to vacate the order may be made pursuant to CPL 440.10 “Motion to vacate judgment”.
TWELVE (12)
353.5. Designated felony acts; restrictive placement.
Placement - DESIGNATED CLASS A FELONY ACT:
Residential placement
After the 12-to 18-month period, the youth will be placed in a residential facility for __________
TWELVE (12) MONTHS
353.5. Designated felony acts; restrictive placement.
Placement - DESIGNATED CLASS A FELONY ACT:
Discharge
- The youth will not be discharged from the custody of the division for youth until at least __________ years after the initial placement.
- The youth may be discharged after ________ years if a motion under section 355.1 “New hearing; staying, modifying or terminating an order” is granted by the court.
THREE (3)…… THREE (3)
353.5. Designated felony acts; restrictive placement.
Placement - DESIGNATED CLASS A FELONY ACT:
Upon the expiration of the initial period of placement, or any extension thereof, the placement may be extended for an additional period not to exceed___________ , but no initial placement or extension of placement under this section may continue beyond the respondent’s __________ BIRTHDAY, or, for an act that was committed when the respondent was SIXTEEN (16) YEARS of age or older, the respondent’s _____________ .*
TWELVE (12) MONTHS………. TWENTY-FIRST (21)……….. TWENTY-THIRD (23) BIRTHDAY
353.5. Designated felony acts; restrictive placement.
Placement - DESIGNATED FELONY ACT - OTHER THAN CLASS A:
If the youth has been found by a court to have committed a designated felony act on a prior occasion, the current act will be treated as a ________ Designated felony for the purposes of confinement.
Class A
353.5. Designated felony acts; restrictive placement.
Placement - DESIGNATED FELONY ACT - OTHER THAN CLASS A:
When the order for restrictive placement is for a youth found to have committed a designated felony act, other than a class A felony act, the respondent shall be placed for initial Period of __________
THREE (3) YEARS
353.5. Designated felony acts; restrictive placement.
Placement - DESIGNATED FELONY ACT - OTHER THAN CLASS A:
The respondent shall be placed in a secure facility for at least ________ but not more than ________ .
SIX (6)…..TWELVE (12) MONTHS
353.5. Designated felony acts; restrictive placement.
Placement - DESIGNATED FELONY ACT - OTHER THAN CLASS A:
The respondent may not be released from placement during the first ________ period for any motion, hearing or order pursuant to section 355.1 except for a motion to vacate the order made pursuant to CPL 440.10 “Motion to vacate judgment”
six (6) month
353.5. Designated felony acts; restrictive placement.
Placement - DESIGNATED FELONY ACT - OTHER THAN CLASS A:
- After the period of SECURE PLACEMENT, the respondent shall be placed in a residential facility for a period set by the order, to be not less than ______ nor more than _________ months.
- After the expiration of the ________ to _______ MONTHS in a residential facility following secure placement, the respondent shall not be released from a residential facility without the written approval of the director of the division for youth or his designated deputy director.
SIX (6)…. TWELVE (12)………. SIX (6)……. TWELVE (12)
353.5. Designated felony acts; restrictive placement.
Placement - DESIGNATED FELONY ACT - OTHER THAN CLASS A:
- Upon the expiration of the initial period of placement, or any extension, the placement may be extended for an additional period not to exceed _________
- No placement under this section may continue beyond the respondent’s __________ birthday.
12 months…. TWENTY-FIRST (21) BIRTHDAY
353.5. Designated felony acts; restrictive placement.
For designated class A and less than class A Designated felonies The division shall report in writing to the court not less than once every __________ during the placement on the status, adjustment and progress of the respondent.
6 months
