Cpl 390

Front 1

390.10

A fingerprint report from DCJS or a police department report (prior arrest record) is required for sentencing where the defendant is convicted of any of the following:

Back 1

a) any felony

b) misdemeanor defined in the Penal Law

c) misdemeanor defined outside Penal law which constitutes a felony if person had a previous crime conviction

d) loitering, or loitering for purposes of engaging in a prostitution offense

Front 2

390.20 *

1. What is required before court can pronounce sentence on a felony conviction?

Back 2

Pre-sentence report

Front 3

390.20. *

2. On a misdemeanor conviction pre-sentence report is NOT required, EXCEPT:

Back 3

1. a sentence of probation

2. a sentence of imprisonment for a term in EXCESS of 180 days.

3. consecutive sentences of imprisonment totaling MORE than 90 days.

Front 4

390.20

3. The court MAY order a pre-sentence report in any case.

4. Pre-sentence report may be waived by consent of judge and parties, stated on the record or in writing where:

Back 4

1. Agreed upon sentence will be satisfied by time already served, or

2. Agreed upon sentence of probation will be imposed, or

3. A report has been prepared in the preceding 12 months, or

4. A sentence of probation is revoked.

Pre-sentence report CANNOT be waived if indeterminate or determinate sentence of prison is to be imposed.

Front 5

390.20 *

5. In a city with a population more than 1 million, pre-sentence report is not required where....

Back 5

the prison sentence was negotiated (for 365 days or less).

Front 6

390.40

Defendant or prosecutor may file a pre-sentence memorandum prior to time of pronouncement of sentence. Prosecutor’s memorandum must be served on defendants attorney at least ____ days before sentence date. Seeking health care for someone experiencing overdose shall be considered a mitigating factor in any criminal prosecution for a controlled substance.

Back 6

10

Front 7

390.50

Pre-sentence report, medical reports, psychiatric reports, other reports submitted directly to court must be made available by court for study and copying to defendant (if pro se), defendants attorney, and prosecutor not less than...

Back 7

1 court day prior to sentencing.

Front 8

390.50

The DA shall give at least 21 days’ notice to victim or his family of date of sentencing and of victim’s rights, including obligation of victim to inform Court at least___ days before sentencing of his intention to make a statement at sentencing.

Back 8

10

Front 9

390.50

Who can see a pre-sentence report (must be made available by probation department)

Back 9

1. Any court or probation department of any court within N.Y.S. that subsequently has jurisdiction of defendant for purpose of pronouncing sentence.

2. Any NYS agency (Dept. of Correctional Services) to which defendant is successfully committed.

3. Public agencies outside the state MAY be allowed to see report (if they are any probation, parole, or public institutional agency upon request).

4. DCJS (Division of criminal justice services) MAY be allowed to see report.

5. Professional licensing services MUST be allowed to see report (education law, physician, specialist’s assistant, physician’s assistant).

Front 10

390.50 *

Who can see a pre-sentence report(must be made available by probation department)

Back 10

1. Any court or probation department of any court within N.Y.S. that subsequently has jurisdiction of defendant for purpose of pronouncing sentence.

2. Any N.Y.S. agency (Dept. of Correctional Services) to which defendant is subsequently committed.

3. Public agencies outside the state MAY be allowed to see report (if they are any probation, parole, or public institutional agency upon request).

4. DCJS MAY be allowed to see report.

5. Professional licensing services MUST be allowed to see report (education law, physician, specialists assistant, physician‘s assistant).

Front 11

390.60

A copy of the pre-sentence report and other medical, psychiatric reports, etc. submitted to court for purpose of sentencing MUST...

Back 11

accompany the person to the correctional facility to which the person is committed. If report is not delivered, the person in charge of correctional institution is authorized to refuse to accept custody of such person until the required report is delivered.

Front 12

390.30

6. If the court determines that a defendant is eligible for a sentence of probation, the court may (after consultation with the prosecutor and consent of the defendant)...

Back 12

adjourn the sentencing for a period not exceeding 1 year and place the defendant on interim probation supervision.

The defendants record of compliance with the conditions of probation must be considered by the court when subsequently pronouncing the sentence.

Front 13

390.15

Where defendant is convicted of a felony sex offense (Section 130 of the Penal Law) or sexual misconduct (Section 130.20 of PL), court MUST, upon request of the victim ( or by representative of an infant or incompetent victim), order…

Back 13

HIV testing of the defendant. The test results are not disclosed to the court, but must be communicated to defendant and victim. Such results need not be communicated prior to imposition of sentence.

Front 14

390.15

Request must be in writing, filed with court, & provided by the court to the defendant or defendant’s counsel. Generally, such request must be made within ______ days after entry of defendant’s conviction.

Back 14

10

Proceedings on such requests must be made in camera.

Proceedings must be sealed by the court.

HIV testing must be done within 15 days of order.

Front 15

390.15

Disclosure of confidential HIV information shall be limited to person making the application. Redisclosure shall be limited to…

Back 15

victim, victim’s immediate family, guardian, physicians, attorneys, medical or mental health providers, past or future sexual contacts of victim. It is NOT permitted to other persons or court.

Front 16

390.30

1. Pre-sentence investigation consists of…

Back 16

information regarding commission of offense, history of delinquency or criminality, and social history, employment history, family situation, economic status, education & habits.

Front 17

390.30

2. Court may order physical and mental examinations) and can issue examination order for up to _____ days).

Back 17

30 days

3. Where appropriate, report shall include a victim impact statement.

Front 18

390.30

4. IF conviction is for a misdemeanor, an abbreviated investigation & short form report may be submitted.

5. Investigating agencies shall transmit data to the state division of probation.

6. If the court determines that a defendant is eligible for a sentence of probation, the court may (after consultation with the prosecutor & consent of the defendant) adjourn the sentencing for a period not exceeding _____ ______ & place the defendant on _______ ________ _________.

Back 18

1 year

interim probation supervision

The defendant’s record of compliance with the conditions of probation must be considered by the court when subsequently pronouncing the sentence.