PL 70 Volume 5 Flashcards

1
Q

70.25 Concurrent and consecutive terms of imprisonment

An indeterminate or determinate sentence shall run concurrently with all other terms.
A definite sentence shall run concurrently with any sentence imposed at the time and shall be consecutive to any other term.
Two or more sentences imposed for commission of a single act must run concurrently.

A

70.25 Concurrent and consecutive terms of imprisonment

An indeterminate or determinate sentence shall run concurrently with all other terms.
A definite sentence shall run concurrently with any sentence imposed at the time and shall be consecutive to any other term.
Two or more sentences imposed for commission of a single act must run concurrently.

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2
Q

70.30 Calculation of terms of imprisonment

An indeterminate or determinate sentence of imprisonment commences when the prisoner is received in an institution under the jurisdiction of the state department of corrections and community supervision.

A

70.30 Calculation of terms of imprisonment

An indeterminate or determinate sentence of imprisonment commences when the prisoner is received in an institution under the jurisdiction of the state department of corrections and community supervision.

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3
Q

70.30 Calculation of terms of imprisonment

A definite sentence of imprisonment commences when the prisoner is received in the institution named in the commitment. Read.

A

70.30 Calculation of terms of imprisonment

A definite sentence of imprisonment commences when the prisoner is received in the institution named in the commitment. Read.

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4
Q

70.30 Calculation of terms of imprisonment

    1. Jail time.
      The term of a definite sentence, a determinate sentence, or the maximum term of an indeterminate sentence imposed on a person shall be credited with and diminished by the amount of time the person spent in custody prior to the commencement of such sentence as a result of the charge that culminated in the sentence.
A

70.30 Calculation of terms of imprisonment

    1. Jail time.
      The term of a definite sentence, a determinate sentence, or the maximum term of an indeterminate sentence imposed on a person shall be credited with and diminished by the amount of time the person spent in custody prior to the commencement of such sentence as a result of the charge that culminated in the sentence.
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5
Q

70.30 Calculation of terms of imprisonment

  1. Good behavior time.
    (b) In the case of a person serving a definite sentence, the total of such allowances shall not exceed one-third of his term or aggregate term and the allowances shall be applied as a credit against such term.
A

70.30 Calculation of terms of imprisonment

  1. Good behavior time.
    (b) In the case of a person serving a definite sentence, the total of such allowances shall not exceed one-third of his term or aggregate term and the allowances shall be applied as a credit against such term.
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6
Q

70.30 Calculation of terms of imprisonment

  1. Time served under vacated sentence.
    When a sentence of imprisonment that has been imposed on a person is vacated and a new sentence is imposed on such person for the same offense, or for an offense based upon the same act, the new sentence shall be calculated as if it had commenced at the time the vacated sentence commenced, and all time credited against the vacated sentence shall be credited against the new sentence.
A

70.30 Calculation of terms of imprisonment

  1. Time served under vacated sentence.
    When a sentence of imprisonment that has been imposed on a person is vacated and a new sentence is imposed on such person for the same offense, or for an offense based upon the same act, the new sentence shall be calculated as if it had commenced at the time the vacated sentence commenced, and all time credited against the vacated sentence shall be credited against the new sentence.
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7
Q

70.30 Calculation of terms of imprisonment

  1. Escape.
    When a person who is serving a sentence of imprisonment
    escapes from custody, the escape shall interrupt the sentence and such
    interruption shall continue until the return of the person to the
    institution in which the sentence was being served or, if the sentence
    was being served in an institution under the jurisdiction of the state
    department of corrections and community supervision, to an institution
    under the jurisdiction of that department.
A

70.30 Calculation of terms of imprisonment

  1. Escape.
    When a person who is serving a sentence of imprisonment
    escapes from custody, the escape shall interrupt the sentence and such
    interruption shall continue until the return of the person to the
    institution in which the sentence was being served or, if the sentence
    was being served in an institution under the jurisdiction of the state
    department of corrections and community supervision, to an institution
    under the jurisdiction of that department.
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8
Q

0.35 Merger of certain definite and indeterminate or determinate sentences
The service of an indeterminate or determinate sentence of imprisonment shall satisfy any definite sentence of imprisonment imposed on a person for an offense committed prior to the time the indeterminate or determinate sentence was imposed.
70.40 Release on parole; conditional release; presumptive release

A

0.35 Merger of certain definite and indeterminate or determinate sentences
The service of an indeterminate or determinate sentence of imprisonment shall satisfy any definite sentence of imprisonment imposed on a person for an offense committed prior to the time the indeterminate or determinate sentence was imposed.
70.40 Release on parole; conditional release; presumptive release

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9
Q

70.40 Release on parole; conditional release; presumptive release

Release on parole from an indeterminate sentence shall be in the discretion of the state board of parole.
A person who is serving one or more than one definite sentence of imprisonment may, if he so requests, be conditionally released from the institution in which he is confined.
Every person so released shall be under the supervision of the parole board for a period of one year. Compliance with the conditions of release during the period of supervision shall satisfy the portion of the term or aggregate term that has been held in abeyance.

A

70.40 Release on parole; conditional release; presumptive release

Release on parole from an indeterminate sentence shall be in the discretion of the state board of parole.
A person who is serving one or more than one definite sentence of imprisonment may, if he so requests, be conditionally released from the institution in which he is confined.
Every person so released shall be under the supervision of the parole board for a period of one year. Compliance with the conditions of release during the period of supervision shall satisfy the portion of the term or aggregate term that has been held in abeyance.

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10
Q

70.45 Determinate sentence; post-release supervision
Each determinate sentence also includes an additional period of post-release supervision.
A violation of any condition of supervision subjects the defendant to further imprisonment of at least 6 months and up to the balance of the remaining period of post-release supervision, not to exceed 5 years

A

70.45 Determinate sentence; post-release supervision
Each determinate sentence also includes an additional period of post-release supervision.
A violation of any condition of supervision subjects the defendant to further imprisonment of at least 6 months and up to the balance of the remaining period of post-release supervision, not to exceed 5 years

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11
Q

70.45 Determinate sentence; post-release supervision

POST RELEASE SUPERVISION
Period of post-release supervision for a determinate sentence (OTHER THAN SEX OFFENSE) shall be 5 years, except:

D or E felony (sub 2 of
PL 70.70: definite sentence for felony drug offender)

A

1 year

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12
Q

70.45 Determinate sentence; post-release supervision

POST RELEASE SUPERVISION
Period of post-release supervision for a determinate sentence (OTHER THAN SEX OFFENSE) shall be 5 years, except:

B or C felony (sub 2 PL 70.70: determinate sentence for felony drug offender other than class A felony)

A

not less than 1 year nor more than 2 years

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13
Q

70.45 Determinate sentence; post-release supervision

POST RELEASE SUPERVISION
Period of post-release supervision for a determinate sentence (OTHER THAN SEX OFFENSE) shall be 5 years, except:

D or E felony (sub 3 or 4 of PL 70.70: determinate sentence for felony drug offender)

A

not less than 1 year nor more than 2 years

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14
Q

70.45 Determinate sentence; post-release supervision

POST RELEASE SUPERVISION
Period of post-release supervision for a determinate sentence (OTHER THAN SEX OFFENSE) shall be 5 years, except:

B or C felony (sub 3 or 4 of PL 70.70: determinate sentence for felony drug offender)

A

not less than 1 and 1/2 years nor more than 3 years

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15
Q

70.45 Determinate sentence; post-release supervision

POST RELEASE SUPERVISION
Period of post-release supervision for a determinate sentence (OTHER THAN SEX OFFENSE) shall be 5 years, except:

D or E violent felony offense (sub 3 of PL 70.02: determinate sentence for a violent felony offense)

A

not less than 1 and 1/2 years nor more than 3 years

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16
Q

70.45 Determinate sentence; post-release supervision

POST RELEASE SUPERVISION
Period of post-release supervision for a determinate sentence (OTHER THAN SEX OFFENSE) shall be 5 years, except:

B or C violent felony offense (sub 3 of PL 70.02: determinate sentence for a violent felony offense)

A

not less than 2 and 1/2 years nor more than 5 years

17
Q

70.45 Determinate sentence; post-release supervision

POST RELEASE SUPERVISION
Period of post-release supervision for a determinate sentence (OTHER THAN SEX OFFENSE) shall be 5 years, except:

A

not less than 2 and 1/2 years nor more than 5 years

18
Q

70.45 Determinate sentence; post-release supervision

POST RELEASE SUPERVISION
Period of post-release supervision for a determinate sentence (OTHER THAN SEX OFFENSE) shall be 5 years, except:

The board of parole shall establish and impose conditions of post-release supervision (which may include up to 6 months in a residential treatment facility).

A

70.45 Determinate sentence; post-release supervision

POST RELEASE SUPERVISION
Period of post-release supervision for a determinate sentence (OTHER THAN SEX OFFENSE) shall be 5 years, except:

The board of parole shall establish and impose conditions of post-release supervision (which may include up to 6 months in a residential treatment facility).