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13 Cards in this Set
- Front
- Back
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410.10 Where sentence is probation or conditional discharge, the court must... |
specify the conditions to be complied with. |
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410.10 When the sentence is probation, the court MUST... |
also give a written copy of the conditions to the defendant at the time of sentencing (not required for conditional discharge). The copy of the conditions becomes a part of defendants record of the case. |
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410.10 A commission of an additional offense, other than a traffic infraction, constitutes a ground for... |
revocation of a sentence of probation or conditional discharge whether or not the original sentence so specified. |
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410.10 When court pronounces sentence of probation or conditional discharge for certain specified crimes it must specify (in addition to conditions of sentence)... |
the requirement to report to the crime victims board funds of convicted person, the procedures for such reporting and the penalty for failure to comply. |
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410.20 The court MAY modify or enlarge the conditions of a sentence of probation or conditional discharge. The defendant must be present UNLESS... |
the court is relaxing or eliminating one of the conditions. When defendant is not present, court must notify defendant in writing within 20 days of such modification. |
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410.30 Court may make a declaration of delinquency where it believes that defendant violated a condition of the sentence of probation or conditional discharge. Court must then... |
cause defendant to appear for a final determination of the alleged delinquency. If request is from probation officer, court must make a decision within 72 hours. |
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410.40 1. Court may order at any time that person under sentence of probation or conditional discharge appear before it. 2. If court has reasonable cause to believe hat a condition of sentence has been violated, court may at any time: |
a. order the defendant to appear within 10 court days, or b. order the issuance of a bench warrant (or deny bench warrant within 72 hours of request by probation). |
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410.50 A person on probation is in the legal CUSTODY of... |
the court that imposed the sentence. That same person is under SUPERVISION of the probation department. |
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410.50 Search order issued by the court authorized... |
the probation officer to search the person or premises of the person. For reasonable cause, probation officer MAY search person without a warrant by first taking person into custody. |
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410.60 When a person is brought to court pursuant to CPL 410.40, Court May: |
1. commit him to the custody of the sheriff (remand), or 2. fix bail, or 3. release him on his own recognizance, or 4. order him released (if court does not have reasonable cause to believe person violated condition of sentence) |
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410.70 ** The court may not revoke a sentence of probation or conditional discharge unless... |
it finds the defendant has violated a condition AND has given the defendant an opportunity to be heard. Defendant must appear within 10 court days of notice TO APPEAR. |
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410.70. *** Court’s finding must be based on a preponderance of the evidence. At the conclusion of the hearing, the court may... |
revoke, continue, or modify the sentence of probation or conditional discharge. |
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410.90 Court may at any time terminate period of conditional discharge or probation, other than lifetime probation. The court may terminate a period of lifetime probation when... |
person has been on unrevoked probation for at least 5 consecutive years. |
