CPL 390

Question 1

390.10- Requirement of fingerprint report
The court may not pronounce sentence for felonies and misdemeanors until it has received a _________ report from DCJS or a police department report with respect to the defendant’s prior criminal record.
The court can use the original fingerprint report obtained after the arrest or arraignment

Answer 1

Fingerprint …………….

Question 2

390.15- Requirement of HIV testing in certain cases

• In any case where defendant is convicted of felony sexual acts including oral or anal sexual conduct or the basic sexual intercourse, the court (MUST/MAY)upon request of the victim order the defendant submit to HIV testing
• The test results are NOT provided to the court but to the __________ AND __________ only.
• Disclosure need not be completed prior to ___________

Answer 2

MUST……… defendant and victim ………. sentence

Question 3

390.15- Requirement of HIV testing in certain cases

Such a request of the victim MUST be in writing filed with the court and provided to the defendant or counsel. It must be made prior to or within ____________ of the entry of the defendant’s conviction, or with good cause shown can be made any time before sentence

Answer 3

TEN (10) DAYS

Question 4

390.15- Requirement of HIV testing in certain cases

If the victim is an infant or incompetent the request may be made by a ______________ on their behalf

Answer 4

representative

Question 5

390.15- Requirement of HIV testing in certain cases

The test must be completed within _____________ from when the court orders it

Answer 5

FIFTEEN (15) DAYS

Question 6

390.15- Requirement of HIV testing in certain cases

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

Re-disclosure shall be permitted only to:

• the victim,
• victim’s family,
• guardian,
• physicians,
• attorneys,
• medical and mental health providers,
• past and future contacts of the person

Answer 6

XX

Question 7

390.15- Requirement of HIV testing in certain cases

Results (CAN/CANNOT) be used as evidence in any criminal or civil proceeding

Answer 7

CANNOT

Question 8

390.20 - Requirement of pre-sentence report (know this cold)

Pre-sentence reports required for:

1. For all __________
2. For Misdemeanors
   - A. But only for a sentence of MORE than ____________
   - B. Consecutive sentences totaling MORE than ___________
   - C. A sentence of ______________ unless such sentence is agreed upon by the parties and will be imposed
3. Permissible in any case upon ___________ request

Answer 8

Felonies
180 DAYS
90 DAYS
probation
court’s

Question 9

390.20 - Requirement of pre-sentence report (know this cold)

Such Pre- sentence report may be waived under these guidelines with the mutual consent of the parties including the Judge when:

1. A sentence of imprisonment will be satisfied by __________
2. A sentence of ___________ is agreed upon and will be imposed
3. A report has been prepared in the past __________
4. A sentence of probation is being ____________

Answer 9

time served……… probation…….. 12 months………….. revoked

Question 10

390.20 - Requirement of pre-sentence report (know this cold)

Pre-sentence report MUST NOT be waived if an __________ sentence of imprisonment is to be imposed

Answer 10

indeterminate

Question 11

CPL 390.20

Whenever a PSI is waived and the court determines that such information would be relevant, a _______________ shall be provided

Answer 11

Victim Impact Statement

Question 12

390.20 - Requirement of pre-sentence report (know this cold)

*New: In any city having a population of one million or more, a pre-sentence investigation and written report shall not be required where a negotiated sentence of imprisonment for a term of ____________ or less has been mutually agreed upon by the parties with the consent of the judge, as a result of a conviction or revocation of a sentence of ____________________

Answer 12

365 days…………..probation

Question 13

390.30- Scope of the pre- sentence investigation and report

A pre-sentence investigation consists of the gathering of information, including the defendant’s criminal history, social history, employment history, family situation, economic status, education and personal habits

Answer 13

XX

Question 14

390.30- Scope of the pre- sentence investigation and report

When a person is convicted of a Felony or a Class ______ Misdemeanor, or for anyone under the age of __________ convicted of any crime, the court may order that the defendant undergo a physical or mental exam and may order the defendant be held for up to __________ for such exam

Answer 14

A …. 21 … ……… THIRTY DAYS

Question 15

390.30- Scope of the pre- sentence investigation and report

• Such PSI shall also contain a _____________ unless determined of no relevance.
• In the event of homicide, the victim’s family can assist with such statement.
• It can include extent of injury and economic loss

Answer 15

Victim Impact Statement

Question 16

390.30- Scope of the pre- sentence investigation and report

*For the conviction of a ____________ , there can now be an abbreviated investigation followed by a short form report

Answer 16

misdemeanor

Question 17

390.30- Scope of the pre- sentence investigation and report

*Investigating agencies in this section are responsible for the collection of data as to the number of Victim impact statements filed within the year

Answer 17

XX

Question 18

390.30- Scope of the pre- sentence investigation and report

• Interim Probation supervision is when the defendant is put on probation prior to sentencing.
• It cannot be for more than ___________ but may be extended for an additional year when the defendant is in a program such as (NEW TERM) treatment court. This must be with the consent of the defendant.
• When the defendant is finally sentenced, and if such sentence is for probation, credit will be given for the prior time spent on probation

Answer 18

ONE (1) YEAR

Question 19

390.40- Pre- sentence memorandum

Either the defendant or prosecutor may at any time prior to the pronouncement of sentence, file with the court a written __________ setting forth information pertinent to the question of sentence.

Answer 19

memorandum

Question 20

390.40- Pre- sentence memorandum

The prosecutor’s MEMORANDUM shall be served on the defendant’s attorney at least ____________ prior to the date fixed for sentence

Answer 20

TEN(10) DAYS

MEMORANDUM = TEN LETTERS LONG = TEN(10) DAYS

Question 21

390.50- Confidentiality of pre-sentence reports

In general, information gathered for the pre sentence report is ________

Answer 21

confidential.

Question 22

390.50- Confidentiality of pre-sentence reports

The report is made available to the court for examination and copies for defendant’s attorney or defendant if pro se, and prosecutor, not less than __________ prior to sentence

Answer 22

ONE (1) COURT DAY

Question 23

390.50- Confidentiality of pre-sentence reports

*When the defendant intends on using the pre-sentence report for appeal or to go before a parole board or (new) an application for resentencing pursuant to section 440.46 or 440.47 of this chapter, a written request to the court for copies shall be made.
The court shall respond to the written request within ___________

Answer 23

TWENTY (20) DAYS

Question 24

390.50- Confidentiality of pre-sentence reports

• The Prosecutor SHALL give at least ___________ notice to the victim or the victim’s family of the date of sentencing for an opportunity to make a statement at sentencing
• The victim or victim’s family MUST inform the court of its intentions at least ____________ prior to sentencing date
• Failure to provide reasonable notice to the defendant or victim can result in adjournment of sentencing for no more than ____________

Answer 24

TWENTY-ONE (21) DAYS………. TEN(10) DAYS ……….. SEVEN(7) DAYS

Question 25

390.50- Confidentiality of pre-sentence reports The probation department shall provide a copy of the Presentence report to state departments who issue state licenses for education and medical care. Such reports shall be forwarded every _____________ and shall be in writing (hard copy or electronically) and MUST contain: - 1. The name of licensee and profession held - 2. The date of conviction and the nature thereof - 3. The index number of case

Answer 25

THREE (3) MONTHS

Question 26

390.60- Copy of reports to accompany defendant to prison Whenever a person is sentenced to a term of imprisonment, a copy of the pre-sentence report, a copy of the pre-sentence memorandum filed by the DEFENDANT, a copy of medical, psychiatric and social agency report must be delivered to person in charge of correctional facility where defendant is committed AT THE TIME ______________ While failure to provide these documents does not void sentence, the person in charge of facility can refuse to accept custody of defendant without these documents Reminder: The stenographic minutes of the sentencing proceeding can take a month to get there

Answer 26

DEFENDANT IS DELIVERED