Defendant must be present if court relaxes or eliminates on of the conditions of probation
When the court relaxes the conditions of probation and the defendant is not present, the court must notify the defendant within __ days of such modification
10
20
30
40
A person on probation is in legal custody of the court DCJS a secure facility the DA( the court, DCJS, a secure facility, the DA ) and under supervision of the probation department DCJS the corporate counsel( the probation department, DCJS, the corporate counsel )
The court may NOT revoke a sentence of probation unless: (2 requirements)
it finds defendant violated conditions
it has given the defendant an opportunity to be heard
the defendant has been doing well on probation
a charge is reduced or dismissed
Court may at any time terminate a period of conditional discharge or probation other than
lifetime probation
probation over 12 months
probation that resulted from a class A felony
Defendant must be present where the court:
relaxes conditions of conditional discharge
modifies any condition of probation
relaxes condition of conditional discharge or probation
enlarges any condition of probation
Choose the best answer: The court may not revoke a sentence of probation or conditional discharge unless:
a court found defendant has not violated condition
defendant has had an opportunity to be heard
Both of the other options
Which of the following regarding a hearing on violations is false?
hearing must be a summary one
hearing must be with a jury
defendant may present evidence in his own behalf
finding must be based upon a preponderance of the evidence
In sentence of probation or conditional discharge commission of another offense (other than traffic infraction):
constitutes grounds for revocation of sentence in any case
constitutes grounds for revocation of sentence only if so specified as a condition of sentence
constitutes grounds for relaxation of conditions
none of the above
Failure to pay a fine for felony: additional sentence is up to:
1 year
2 years
3 years
Failure to pay a fine for a misdemeanor: additional sentence is up to __
1/3 of authorized sentence
2/3 of authorized sentence
3/4 of authorized sentence
Failure to pay a fine for a petty offense: additional sentence is up to ___
5 days
10 days
15 days
30 days
where sentence is imprisonment as well as a fine, restitution or reparation is imposed, aggregate of the period and the term of the sentence may NOT exceed ___
maximum authorized term of imprisonment
50 years
20 years
30 years
When must a corporation pay its fine?
at the time sentence is imposed
at any time, not to exceed 2 years
within 60 days
If corporation does not pay its fine, fine may be collected in like manner as a civil judgment. Where a sentence of imprisonment as well as a fine, restitution or reparation is imposed, the aggregate period and the term of the sentence may not exceed:
maximum term of imprisonment
5 years
A fine, restitution, or repartition imposed upon a corporation must be paid:
within 30 days after imposition of fine
within one year after imposition of fine
within 45 days of imposition of the fine
Which of the following is not correct? Maximum imprisonment for non-payment of a court imposed fine is:
felony-1 year
petty offense-15 days
misdemeanor- 1/3 maximum authorized sentence
violation- 30 days
if a defendant does not pay a court imposed fine, additional imprisonment:
for a petty offense is up to 15 days
for a misdemeanor, is up to one third of maximum authorized sentence
for a felony is up to 2 years
Except where authorized by law, a duly and lawfully imposed sentence of imprisonment may NOT be charge suspended or interrupted once term or period of sentence has commenced
In case of an INDETERMINATE sentence commitment must be to ____
commissioner of corrections and cummunity supervision
the DCJS
a sheriff
Choose the best answer: In the case of an indeterminate or determinate sentence, commitment must be to:
the county jail or department of corrections, if the city has a correction department
the state department of correctional services
A sentence duly imposed may not be ___ once the term of period of the sentence has commenced,
changed
suspended
interrupted
