PL 65 Volume 1 Flashcards
65.00 Sentence of probation
- Criteria
(a) Generally, court may sentence a person to probation upon conviction for any crime, if court is of opinion that:
- confinement is not necessary for the protection of ______
- defendant needs assistance which can be administered through ________ supervision
- such disposition is not inconsistent with the ______
the public….. probation. ends of justice.
65.00 Sentence of probation
(b) The court may sentence a second felony drug offender to probation for a Class A-II drug felony, Class B criminal sale of a controlled substance to a child or any other Class B 220 drug felony if prosecutor recommends that court sentence such person to a period of probation upon ground that such person has or is providing material assistance in investigation, apprehension or prosecution of any person for a PL 220 Drug felony or attempt or conspiracy to commit any such felony, and if court, having regard to nature and circumstances of crime and to history, character and condition of defendant is of opinion that:
- (i) Institutional confinement of defendant is not necessary for protection of public,
- (ii) The defendant is in need of guidance, training, or other assistance which, in his case, can be effectively administered through probation supervision,
- (iii) The defendant has or is providing material assistance in investigation, apprehension, or prosecution of a person for a felony defined in article 220 or attempt or conspiracy to commit any such felony, and
- (iv) Such disposition is not inconsistent with ends of justice.
- Court cannot sentence a defendant to probation if:
- The defendant is being sentenced for more than one crime and is being sentenced to imprisonment for any one of the crimes.
- The defendant is subject to an unexpired indeterminate or reformatory sentence of imprisonment and it was imposed at a previous time by a court of this state and has more than one year to run.
- Court must have concurrence of either administrative judge of court or of judicial district within which court is situated or such administrative judge as presiding justice of appropriate appellate division shall designate.
65.00 Sentence of probation
(b) The court may sentence a second felony drug offender to probation for a Class A-II drug felony, Class B criminal sale of a controlled substance to a child or any other Class B 220 drug felony if prosecutor recommends that court sentence such person to a period of probation upon ground that such person has or is providing material assistance in investigation, apprehension or prosecution of any person for a PL 220 Drug felony or attempt or conspiracy to commit any such felony, and if court, having regard to nature and circumstances of crime and to history, character and condition of defendant is of opinion that:
- (i) Institutional confinement of defendant is not necessary for protection of public,
- (ii) The defendant is in need of guidance, training, or other assistance which, in his case, can be effectively administered through probation supervision,
- (iii) The defendant has or is providing material assistance in investigation, apprehension, or prosecution of a person for a felony defined in article 220 or attempt or conspiracy to commit any such felony, and
- (iv) Such disposition is not inconsistent with ends of justice.
- Court cannot sentence a defendant to probation if:
- - The defendant is being sentenced for more than one crime and is being sentenced to imprisonment for any one of the crimes.
- - The defendant is subject to an unexpired indeterminate or reformatory sentence of imprisonment and it was imposed at a previous time by a court of this state and has more than one year to run.
- - Court must have concurrence of either administrative judge of court or of judicial district within which court is situated or such administrative judge as presiding justice of appropriate appellate division shall designate.
65.00 Sentence of probation
- Sentence
When a person is sentenced to a period of probation, the court shall impose statutory period and shall specify conditions to be complied with.
Court may modify or enlarge conditions or, if the defendant commits an _______ or violates a _______ , revoke sentence at any time prior to expiration or termination of period of probation.
additional offense… condition
65.00 Sentence of probation
- Periods of probation
Felony except:
- A-ll felony drug offense (Pl 220),
- B felony 220.48 Criminal sale of a controlled substance to a child., and,
- B felony (PL 220) drug offense committed by second felony offender, or
- sexual assault
3, 4 or 5 years
65.00 Sentence of probation
- Periods of probation
A-ll felony controlled substance offender or class B felony second felony drug offender
life
65.00 Sentence of probation
- Periods of probation
B felony (PL 220.48) drug offender
25 years
65.00 Sentence of probation
- Periods of probation
felony sexual assault
10 years
65.00 Sentence of probation
- Periods of probation
A misdemeanor, other than sexual assault
2, or 3 years
65.00 Sentence of probation
- Periods of probation
A Misdemeanor (sexual assault)
6 years
65.00 Sentence of probation
3. Periods of probation
Class B misdemeanor
1 year
65.00 Sentence of probation
3. Periods of probation
Class B misdemeanor (public lewdness)
1-3 years
65.00 Sentence of probation
3. Periods of probation
Unclassified misdemeanor
2, or 3 years (if authorized sentence is more than 3 months), otherwise 1 year
65.00 Sentence of probation
If court extends probation, it may do so up to _______ authorized by this section.
the maximum term
65.00 Sentence of probation
If court revokes probation and sentences a person to imprisonment and probation, the period of probation shall be the remaining period of the original probation sentence or _______ , whichever is greater.
one year
65.05 Sentence of conditional discharge
Court may impose conditional discharge if it believes that:
- imprisonment and probation supervision are not _____
- neither the public interest or the ends of justice would be served by a sentence of imprisonment.
Appropriate………
