Corrections Law 23 Volume 1

Question 1

700 Definitions and rules of construction

Eligible Offender is a person convicted of a crime or offense, but not convicted more than once for a _______ .

Answer 1

felony

Question 2

700 Definitions and rules of construction

Felony means conviction of a felony in NYS, or offense in another jurisdiction for which a sentence of more than one year or sentence of _________ was authorized.

Answer 2

death

Question 3

700 Definitions and rules of construction

Revocable sentence means:
1. _________ sentence
2. other sentence upon which execution was suspended (PL prior to 9/1/67)
3. probation or _______________ imposed (PL in effect after 9/1/67).

Answer 3

Suspended …….. conditional discharge

Question 4

700 Definitions and rules of construction

Convictions:

1. Two or more ________ charged in the same indictment shall be deemed to be one conviction.
2. Two or more convictions of felonies charged in _________ indictments or informations filed in the same court prior to entry of judgment under any of them shall be deemed to be one conviction.
3. A plea or verdict of guilty upon which a sentence or the execution of sentence has been suspended, or a sentence of probation, conditional discharge, or unconditional discharge shall be deemed a conviction.

Answer 4

Felonies…. different

Question 5

701 Certificate of relief from disabilities

A Certificate of Relief from Disabilities relieves an eligible offender of any __________ or disability or removes bar to employment automatically imposed by law due to conviction of a crime.

Answer 5

forfeiture

Question 6

701 Certificate of relief from disabilities

Certificate does not apply to the right of a person to retain or be eligible for ________ .

Answer 6

public office

Question 7

701 Certificate of relief from disabilities

Generally, a conviction of a crime or of an offense specified in a certificate of relief from disabilities _________ cause automatic forfeiture of any license, permit, employment, or franchise, including right to register and vote.

Answer 7

shall not

Question 8

701 Certificate of relief from disabilities

Conviction specified in certificate of relief from disabilities shall not be deemed to be a conviction barring employment, or the right to a license, permit, or other authority or privilege covered by the certificate

• (provided however, a conviction for a second or subsequent violation of any subdivision of section 1192 of vehicle and traffic law committed within the preceding __________ shall impose a disability to apply for or receive an operator’s license during the period provided in such law).

Answer 8

ten years

Question 9

701 Certificate of relief from disabilities

Certificate does not prevent any judicial, administrative, licensing, or other body, board or authority from relying upon conviction as basis for exercising discretionary power to suspend, revoke, refuse to issue or refuse to renew any license. permit or other authority or privilege.

Answer 9

701 Certificate of relief from disabilities

Certificate does not prevent any judicial, administrative, licensing, or other body, board or authority from relying upon conviction as basis for exercising discretionary power to suspend, revoke, refuse to issue or refuse to renew any license. permit or other authority or privilege.

Question 10

702 Certificates of relief from disabilities issued by courts

Certificate may be issued to an eligible offender by any court if court:

1. imposed a __________ sentence, or
2. imposed a sentence other than one executed by _________ to NYS dept. of corrections and community supervision.

Answer 10

Revocable………. commitment

Question 11

702 Certificates of relief from disabilities issued by courts

Certificate of relief from disabilities issued by courts:

Certificate may be issued:

1. at time sentence is _________ (may grant relief from forfeiture, as well as disabilities) or
2. any time thereafter (may apply only to disabilities).

Answer 11

Pronounced…….

Question 12

702 Certificates of relief from disabilities issued by courts

Certificate of relief from disabilities issued by courts:

For court to issue, it must be satisfied that:

1. person is an __________ offender
2. relief is consistent with ____________ of offender
3. relief is consistent with _________

• If a certificate is not issued at sentencing, it shall only be issued thereafter upon verified ________ to the court.
• Court may request the county probation service of county to conduct an investigation (or state director of probation and correctional alternatives).

Answer 12

Eligible….. rehabilitation …… public interest…..application

Question 13

702 Certificates of relief from disabilities issued by courts

Court may hold _________ in open court or in chambers.

Answer 13

conferences

Question 14

702 Certificates of relief from disabilities issued by courts

Court may conduct ___________.

Court may take testimony under oath.

Answer 14

summary proceedings

Question 15

703 Certificates of relief from disabilities issued by the department of corrections and community supervision

State department of corrections and community supervision shall have power to issue a certificate of relief from disabilities to:

1. eligible offender at time offender is _________ from institution or at any time thereafter
2. any eligible offender residing within NYS and whose judgment of conviction was rendered by a court in any other ____________

Answer 15

Released …… jurisdiction

Question 16

703 Certificates of relief from disabilities issued by the department of corrections and community supervision

State department of corrections and community supervision may at any time ____________ relief previously granted in a certificate of relief from disabilities issued by it.

Answer 16

enlarge

Question 17

703 Certificates of relief from disabilities issued by the department of corrections and community supervision

State department of corrections and community supervision shall not issue certificate or enlarge relief unless it is satisfied that:

1. person is eligible offender
2. relief granted by certificate is consistent with __________ of eligible offender
3. relief is consistent with _____________

Answer 17

Rehabilitation……. public interest

Question 18

703 Certificates of relief from disabilities issued by the department of corrections and community supervision

• Certificates issued by a state department of corrections and community supervision shall be deemed to be a ____________ until offender is discharged from its supervision.
• Certificate may be revoked for violation of conditions of ________ or release. Revocation shall be on notice to parolee who shall be given opportunity to explain violation prior to decision of the board.
• If the certificate is not revoked, it shall become a ___________ certificate upon expiration or termination of its jurisdiction over the offender.

Answer 18

temporary certificate….. parole……… permanent

Question 19

703 Certificates of relief from disabilities issued by the department of corrections and community supervision

• Vote of board granting or revoking a certificate shall be ____________.
• Such action shall be deemed a judicial function and not _____________ if done according to law.
• State department of corrections and community supervision may conduct an investigation of applicants.

Answer 19

Unanimous. … reviewable

Question 20

703 Certificates of relief from disabilities issued by the department of corrections and community supervision

State department of corrections and community supervision shall issue a certificate on the recommendation by __________ court unless requirements to issue a certificate are not satisfied.

Answer 20

a federal