PL 65 Volume 2 Flashcards
65.05 Sentence of conditional discharge
Sentence of conditional discharge
Felony
3 years
65.05 Sentence of conditional discharge
Misdemeanor or
violation
1 year
65.05 Sentence of conditional discharge
If court has required restitution or reparation and defendant fails to do so, court may impose an additional period of conditional discharge not more than ____ years.
2
65.10 Conditions of probation and of conditional discharge
- In general
The conditions of probation and of conditional discharge shall be such as court, in its discretion, deems reasonably necessary to insure that defendant will lead a law-abiding life or to assist him to do so.
65.10 Conditions of probation and of conditional discharge
- In general
The conditions of probation and of conditional discharge shall be such as court, in its discretion, deems reasonably necessary to insure that defendant will lead a law-abiding life or to assist him to do so.
65.10 Conditions of probation and of conditional discharge
- Conditions relating to conduct and rehabilitation
When imposing a sentence of probation or of conditional discharge, court shall, as a condition of sentence, consider restitution or reparation and may, as a condition of sentence, require that defendant:
- (a) Avoid injurious or vicious habits,
- (b) Refrain from frequenting unlawful or disreputable places or consorting with disreputable persons,
- (c) Work faithfully at a suitable employment or faithfully pursue a course of study,
- (d) Undergo available medical or psychiatric treatment and remain in a specified institution, when required
- (e) Participate in an alcohol or substance abuse program or an intervention program approved by court,
- (e-1) Participate in a motor vehicle accident prevention course
- Court may require such condition where a person has been convicted of a traffic infraction for a violation of article 26 of the VTL where commission of such violation caused serious physical injury or death of another person.
- (f) Support his dependents and meet other family responsibilities,
- (g) Make restitution of fruits of his or her offense or make reparation, in an amount he can afford to pay, for actual out-of-pocket loss caused thereby.
- Court shall provide that in event person to whom restitution or reparation is to be made dies prior to completion of said restitution or reparation, remaining payments shall be made to estate of deceased.
(h) Perform services for a public or not-for profit corporation, association, institution or agency
- Court may establish provisions for early termination of a sentence of probation or conditional discharge after such services have been completed.
- Such sentence may only be imposed upon conviction of a misdemeanor, violation, or class D or class E felony, or a youthful offender finding replacing any such conviction, where defendant has consented to amount and conditions of such service,
- (j) Post a bond or other security for performance of any or all conditions imposed,
- (k) Observe certain specified conditions of conduct as set forth in an order of protection
- (k-1) Install and maintain a functioning ignition interlock device in any vehicle owned or operated by defendant if court in its discretion determines that such a condition is necessary to ensure public safety.
65.10 Conditions of probation and of conditional discharge
- Conditions relating to conduct and rehabilitation
When imposing a sentence of probation or of conditional discharge, court shall, as a condition of sentence, consider restitution or reparation and may, as a condition of sentence, require that defendant:
(a) Avoid injurious or vicious habits,
(b) Refrain from frequenting unlawful or disreputable places or consorting with disreputable persons,
(c) Work faithfully at a suitable employment or faithfully pursue a course of study,
(d) Undergo available medical or psychiatric treatment and remain in a specified institution, when required,
(e) Participate in an alcohol or substance abuse program or an intervention program approved by court,
(e-1) Participate in a motor vehicle accident prevention course
Court may require such condition where a person has been convicted of a traffic infraction for a violation of article 26 of the VTL where commission of such violation caused serious physical injury or death of another person.
(f) Support his dependents and meet other family responsibilities,
(g) Make restitution of fruits of his or her offense or make reparation, in an amount he can afford to pay, for actual out-of-pocket loss caused thereby.
- - Court shall provide that in event person to whom restitution or reparation is to be made dies prior to completion of said restitution or reparation, remaining payments shall be made to estate of deceased.
(h) Perform services for a public or not-for profit corporation, association, institution or agency
- - Court may establish provisions for early termination of a sentence of probation or conditional discharge after such services have been completed.
- - Such sentence may only be imposed upon conviction of a misdemeanor, violation, or class D or class E felony, or a youthful offender finding replacing any such conviction, where defendant has consented to amount and conditions of such service,
(j) Post a bond or other security for performance of any or all conditions imposed,
(k) Observe certain specified conditions of conduct as set forth in an order of protection
(k-1) Install and maintain a functioning ignition interlock device in any vehicle owned or operated by defendant if court in its discretion determines that such a condition is necessary to ensure public safety.
65.10 Conditions of probation and of conditional discharge
Conditions of probation and of conditional discharge
(I) If a person under the age of 21 years:
- (i) resides with his parents or in a suitable foster home or hostel
- (ii) attends _______ ,
- (iii) spends such part of period of sentence as court may direct, but not exceeding _________ years, in a facility made available by division for youth, provided that admission to such facility may be made only with prior consent of division for youth,
- (iv) attend a non-residential program for such hours and pursuant to a schedule prescribed by court as suitable for a program of rehabilitation of youth,
- (v) contribute to his own support in any home, foster home, or hostel,
School….. 2
65.10 Conditions of probation and of conditional discharge
Conditions relating to supervision
When imposing a sentence of probation court, in addition to any conditions imposed pursuant to sub two of this section, shall require as conditions of sentence, that defendant:
(a) Report to a probation officer and permit them to visit him at his place of abode or elsewhere,
(b) Remain within jurisdiction of court unless granted permission to leave by court or probation officer.
Where a defendant is granted permission to move or travel outside jurisdiction of court, the defendant shall sign a written waiver of extradition agreeing to waive extradition proceedings where such proceedings are result of issuance of a warrant based on an alleged violation of probation.
Where any county or city of New York incurs costs associated with return of any probationer based on issuance of a warrant by court, jurisdiction may collect reasonable and necessary expenses involved in connection with his or her transport, from probationer, provided that where sentence of probation is not revoked no such expenses may be collected.
(c) Answer all reasonable inquiries by probation officer and notify probation officer prior to any change in address or employment.
65.10 Conditions of probation and of conditional discharge
Conditions relating to supervision
When imposing a sentence of probation court, in addition to any conditions imposed pursuant to sub two of this section, shall require as conditions of sentence, that defendant:
(a) Report to a probation officer and permit them to visit him at his place of abode or elsewhere,
(b) Remain within jurisdiction of court unless granted permission to leave by court or probation officer.
Where a defendant is granted permission to move or travel outside jurisdiction of court, the defendant shall sign a written waiver of extradition agreeing to waive extradition proceedings where such proceedings are result of issuance of a warrant based on an alleged violation of probation.
Where any county or city of New York incurs costs associated with return of any probationer based on issuance of a warrant by court, jurisdiction may collect reasonable and necessary expenses involved in connection with his or her transport, from probationer, provided that where sentence of probation is not revoked no such expenses may be collected.
(c) Answer all reasonable inquiries by probation officer and notify probation officer prior to any change in address or employment.
65.10 Conditions of probation and of conditional discharge
. Electronic monitoring
- When imposing a sentence of probation court may, in addition to any other conditions imposed, require defendant to submit to use of an electronic monitoring device and/or to follow a schedule that governs defendant’s daily movement.
- Such condition may be imposed only where court, in its discretion, determines that requiring defendant to comply with such condition will advance public safety, probationer control or probationer surveillance.
- Electronic monitoring shall be used in accordance with uniform procedures developed by office of probation and correctional alternatives.
65.10 Conditions of probation and of conditional discharge
. Electronic monitoring
When imposing a sentence of probation court may, in addition to any other conditions imposed, require defendant to submit to use of an electronic monitoring device and/or to follow a schedule that governs defendant’s daily movement.
Such condition may be imposed only where court, in its discretion, determines that requiring defendant to comply with such condition will advance public safety, probationer control or probationer surveillance.
Electronic monitoring shall be used in accordance with uniform procedures developed by office of probation and correctional alternatives.
65.10 Conditions of probation and of conditional discharge
4-a. Mandatory conditions for sex offenders
A sentence of probation or conditional discharge for an offender convicted of an Article 130: Sexual Misconduct and Sex Offenses, Article 235: Assault Offenses, Article 263: Rape and Other Sexual Offenses, or Sections 255.25, 255.26, and 255.27: Aggravated Sexual Abuse upon a victim under 18 and designated level three sex offender, shall require the defendant to refrain from knowingly entering into or upon any school grounds, or any other facility or institution primarily used for care or treatment of persons under age of 18 while one or more of such persons under age of 18 are present
(a) Such defendant may receive a waiver to enter such facility for limited purposes, if they are a student, employee, or has a family member of such facility.
65.10 Conditions of probation and of conditional discharge
4-a. Mandatory conditions for sex offenders
A sentence of probation or conditional discharge for an offender convicted of an Article 130: Sexual Misconduct and Sex Offenses, Article 235: Assault Offenses, Article 263: Rape and Other Sexual Offenses, or Sections 255.25, 255.26, and 255.27: Aggravated Sexual Abuse upon a victim under 18 and designated level three sex offender, shall require the defendant to refrain from knowingly entering into or upon any school grounds, or any other facility or institution primarily used for care or treatment of persons under age of 18 while one or more of such persons under age of 18 are present
(a) Such defendant may receive a waiver to enter such facility for limited purposes, if they are a student, employee, or has a family member of such facility.
65.10 Conditions of probation and of conditional discharge
- Mandatory conditions for sex offenders
(b) When imposing a sentence of probation or conditional discharge upon a person convicted of an offense for which registration as a sex offender is required and victim of such offense was under age of 18 at time of such offense or such person has been designated a level three sex offender or internet was used to facilitate commission of crime, the court shall restrict their internet usage, such as prohibiting pornographic materials, using social media sites, communicating for the purpose of sex offenses against children, or speaking with anyone under 18 on the internet, except if they are the minor’s parent or guardian.
65.10 Conditions of probation and of conditional discharge
- Mandatory conditions for sex offenders
(b) When imposing a sentence of probation or conditional discharge upon a person convicted of an offense for which registration as a sex offender is required and victim of such offense was under age of 18 at time of such offense or such person has been designated a level three sex offender or internet was used to facilitate commission of crime, the court shall restrict their internet usage, such as prohibiting pornographic materials, using social media sites, communicating for the purpose of sex offenses against children, or speaking with anyone under 18 on the internet, except if they are the minor’s parent or guardian.
65.10 Conditions of probation and of conditional discharge
- Other conditions
When imposing a sentence of probation, court may, in addition to any conditions imposed, require that defendant comply with any other reasonable condition as court shall determine to be necessary or appropriate to ameliorate conduct which gave rise to offense or to prevent incarceration of the defendant.
65.10 Conditions of probation and of conditional discharge
- Other conditions
When imposing a sentence of probation, court may, in addition to any conditions imposed, require that defendant comply with any other reasonable condition as court shall determine to be necessary or appropriate to ameliorate conduct which gave rise to offense or to prevent incarceration of the defendant.
65.10 Conditions of probation and of conditional discharge
5-a. Other conditions for sex offenders
In addition to other conditions, the Court may limit a registered sex offender’s _______ in its discretion, except for education, lawful employment, or search for lawful employment.
internet usage
65.15 Calculation of periods of probation and of conditional discharge
- A period of probation or a period or additional period of conditional discharge commences on __________
Multiple periods, whether imposed at same or at different times, shall run ___________ .
day it is imposed. …….. concurrently
65.15 Calculation of periods of probation and of conditional discharge
(BARD)
- If a person violates probation or conditional discharge, the time they spend waiting for determination on hearing on the delinquency interrupts their sentence.
Ignition interlock device orders remain in effect during delinquency and may be extended by the length of delinquency, but defendants get credit for any time the device was installed and maintained during delinquency.
65.15 Calculation of periods of probation and of conditional discharge
- When a person has violated conditions of his or her probation or conditional discharge and is declared delinquent by court, declaration of delinquency shall interrupt period of sentence as of date of delinquency and such interruption shall continue until a final determination as to delinquency has been made by court pursuant to a hearing held.
Any order for installation and maintenance of a functioning ignition interlock device shall remain in effect throughout delinquency and court may extend period of such installation and maintenance by period of delinquency, provided, however, that defendant shall get credit for any period where device was installed and maintained during delinquency.
65.15 Calculation of periods of probation and of conditional discharge
- A person serving an indeterminate or reformatory sentence of imprisonment for another offense is considered to have satisfied their probation or conditional discharge sentence, unless it was revoked before they were paroled or released from prison.
However, that service of an indeterminate or a reformatory sentence of imprisonment shall not satisfy a sentence of probation if sentence of probation was imposed at a time when sentence of imprisonment had one year or less to run. (Effective 9/1/2023)
65.15 Calculation of periods of probation and of conditional discharge
- A person serving an indeterminate or reformatory sentence of imprisonment for another offense is considered to have satisfied their probation or conditional discharge sentence, unless it was revoked before they were paroled or released from prison.
However, that service of an indeterminate or a reformatory sentence of imprisonment shall not satisfy a sentence of probation if sentence of probation was imposed at a time when sentence of imprisonment had one year or less to run. (Effective 9/1/2023)
