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71 Cards in this Set
- Front
- Back
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What is the time limit to file a petition to adjudge delinquency after a juvenile has been placed in detention?
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7 days, excluding weekends and holidays
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How long can a juvenile be detained for a physical/mental exam?
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14 days
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How long can a juvenile be detained at a secure facility before being transferred to a detention center?
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6 hours
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How long can a person be held for a medical/mental evaluation as part of the PSI?
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90 days excluding weekends and holidays
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May a person be charged with or convicted of a misdemeanor be housed at DOC?
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Generally no, however, if a sheriff requests the prisoner be housed at DOC, the DOC may accept it if the sheriff states that (1) placement in the county jail puts the inmate in danger of serious bodily injury, or represents a substantial threat to do so, and (2) the defendant has more than 547 days remaining before his earliest release date.
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When are emergency reporting conditions given?
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When probationer is a resident of another state and must travel to that state after being convicted in the sending state. The receiving state has 45 days to review a request for transfer and accept or reject.
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Can a probationer who is participating in an interstate compact be detained for a probation violation?
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Yes, for up to 15 days before a hearing and if it appears to the hearing officer that retaking or re-incarceration is likely, the probationer can be detained for a reasonable period of time after the hearing to arrange for the retaking or re-incarceration.
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How long can a parole officer supervise a juvenile?
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Until age 21
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When does the duty to register as a sex offender expire?
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Adults – 10 years after release from prison or placement on probation. Juvenile – 10 years after juvenile turns 21. |
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What are the curfew regulations in Indiana?
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If under 15, 11pm to 5am every night. If 15-17, 11pm to 5am Monday – Friday; 1am to 5am on Saturday and Sunday. (Unless with parent or going to/from employment, school activity or religious event.) |
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What is the minimum age for murder waiver?
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A child must be at least 10 at the time of the murder to be waived into adult court.
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How many parole board members must be present at a parole board hearing?
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At least 1
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How many parole board members must render the final decision on parole?
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All board members
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Who notifies a victim or witness of their right to have parole notifications and when is the information provided to the victim/witness?
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The probation officer is to notify the victim/witness of this info during the PSI.
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What is the time limit for a detention hearing on CHINS proceedings?
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48 hours, excluding weekends and holidays
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What is the time limit for a detention hearing on a delinquency matter?
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48 hours, excluding weekends and holidays
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At what time must an execution occur?
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Before sunrise
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How many days must pass after a conviction before an execution can take place?
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100 days
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When is a PSI required by law?
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Class C Felonies and above.
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Is there any penalty for repeat sex offenders?
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Up to 10 years can be added to their sentence.
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What are the limits for filing a revocation?
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Must be filed within 45 days of the State first receiving notice of the violation and may be filed up to 1 year after termination of probation.
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How long can a person be detained after being arrested for a new offense while on probation?
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15 days
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What is the minimum home detention sentence?
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60 days
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What is the standard proof in a revocation hearing?
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Preponderance of evidence (“More probable than not” rule, 51% rule)
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Does a person have the right to bail when arrested for a revocation?
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No, there is no right, but the court can allow it.
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What rights does the defendant have at a revocation hearing?
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The right to counsel and the right to confront and cross-examine the witnesses.
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What are the goals of probation?
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Rehabilitation and public safety.
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Who may ask for a change of venue?
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The child, the parents, or the court.
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What is the difference between jurisdiction and venue?
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Jurisdiction is whether the court has the power over a specific type of case. Venue is where the offense occurred. |
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When is ICPC used?
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The Interstate Compact on the Placement of Children is only used when the child is being made a ward and transferred to a placement facility. It is not used when the child is being placed with a family member.
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What is the probation transfer fee?
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$75.00
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How long does a sex offender have to register with law enforcement?
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Within 7 days at the place where he resides, intends to reside, where he works or where he studies.
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How close to a school can a sex offender live?
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Cannot live within 1000 ft of a school.
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When are juvenile records available to the public?
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A petition must be filed and the act must be: - murder or a felony - an aggregate of 2 misdemeanors acts of a child who is at least 12 - an aggregate of 5 unrelated misdemeanor acts of a child who is less than 12. |
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Who sets the standards and makes the test for probation officers?
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The Judicial Conference of Indiana.
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Can probation be revoked for failure to pay fees?
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Only upon a showing that the offender recklessly, knowingly, or intentionally failed to pay as ordered by the court.
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Is a probationer still under terms and conditions of probation after revocation is filed?
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Yes; however, the filing of a revocation tolls the probation period from running.
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When is a defendant deemed habitual offender (prior to 7/1/14)?
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If they have accumulated at least 2 prior unrelated felony convictions within a 10 year period - up to 30 years can be added to the sentence for a third felony - priors over 10 years old can subtract up to 25 years. |
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When is a defendant deemed habitual substance offender?
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If they have accumulated at least 2 prior unrelated substance abuse convictions within 10 years - can increase the sentence on the third felony up to 8 years. |
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What is the age limit to wardship to DOC?
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- Cannot be under 12 (unless convicted of murder) - Cannot be over 18 - Indiana Boys’/Girls’ until age 21 |
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Once ordered, if a parent does not participate in an informal adjustment, what is the remedy?
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A contempt finding.
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Must a parent and child agree to the implementation of an informal adjustment?
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Yes.
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What are the time limits for filing a modification?
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If less than 365 days have expired, the defendant may petition the court for a modification of sentence hearing. If more than 365 days have expired, the prosecutor must agree to the modification before the Court can grant it. |
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Can a guilty plea or plea of guilty of mentally ill be accepted from a defendant who is not represented by counsel?
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Yes, but only after the court has advised the defendant of his rights and the defendant has freely and knowingly waived the right to counsel.
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Who is considered a resident in regards to interstate compacts?
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Someone who has lived in the receiving state for more than 1 year continuously before coming to Indiana and did not reside in Indiana for more than 6 continuous months immediately prior to committing the offense involved.
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Does law enforcement verify a sex offender’s address after initial registration?
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Yes: - every year the registering authority mails a verification form - if classified a sexually violent offender, every 90 days. |
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How long can an informal adjustment last?
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6 months - no more than 6 months can be added for a 1 year maximum. |
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Who is the administrator for probationers participating in the interstate compact?
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The Judicial Conference of Indiana.
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What is the purpose of a juvenile hearing?
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To determine whether there is a case to detain a juvenile until a fact finding hearing.
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Should a travel permit be given for weekend visitation?
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No, only given when travelling from sending state to receiving state.
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If a child is a CHINS, to whom does the first place consideration go?
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Family placement.
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Who may take a child into custody during a CHINS proceeding?
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A caseworker, a law enforcement officer, or a probation officer.
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Does a child have a right to bail?
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No.
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If a probationer who is participating in interstate compact violate probation, whom should the receiving state notify and when?
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The compact administrator of the sending state after a hearing is held in the receiving state (hearing may be waived by probationer).
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Can juvenile records be included in PSI’s?
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Yes.
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If there is a probation violation, what can the court do to secure the appearance of the probationer in court?
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Upon filing of revocation, the court can issue a summons or warrant. A warrant can only be issued if there is a risk of flight or danger of causing harm to another. |
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What is an intermittent sentence?
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- No good time credit - Must be served in local jail or penal facility |
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What type of referrals do youth services take?
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Both formal and informal |
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At what age does the juvenile court stop having jurisdiction over juvenile traffic offenses?
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A child who commits a traffic offense must be under 18 to remain in juvenile court |
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If a juvenile has been waived to adult court, but has not yet been convicted, then commits a new offense, where is the new offense filed?
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Adult court |
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In what court is proper venue for a juvenile?
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2. Where the offense occurs 3. Where the condition exists |
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What is the difference between interstate and intrastate?
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Interstate - between two states Intrastate - between two jurisdictions within a state (such as counties) |
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When must interstate probation be accepted?
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2. He can gain employment in the receiving state |
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Can a receiving state deny transfer of probation?
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Yes, when the probationer is not a resident of the receiving state or does not have family residing in the state, they are not required to accept the transfer.
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Is the victim required to submit an impact statement or participate in the sentencing process?
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No. |
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Can a guilty plea or plea of guilty but mentally ill be accepted from a defendant who is not represented by counsel?
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Yes, but only after the court has advised the defendant of his rights and the defendant has freely and knowingly waived his right to counsel |
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May a probation officer file for a petition for a protective order for a child?
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Yes. |
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If a sex offender changes his address after registering, must he notify someone?
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Yes, within 7 days of moving he must notify the registering authority, even if it is in the same jurisdiction where he previously registered. |
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What is the penalty for violations of the registry laws?
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D Felony (Level 6) |
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Who notifies a sex offender that they must register? |
If not incarcerated - probation (?) |
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The probation officer serves in his capacity at the pleasure of whom?
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The appointing judge
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