2024年4月3日发(作者:)

递交监督申请书流程

英文回答:

Procedure for Filing a Motion for Supervised Release.

A motion for supervised release is a request to the

court to release a defendant from prison into a community-

based program before the completion of their sentence. This

type of motion is typically filed by the defendant's

attorney.

To file a motion for supervised release, the defendant

must meet certain eligibility requirements. These

requirements include:

The defendant must have been convicted of a nonviolent

crime.

The defendant must have served at least one-third of

their sentence.

The defendant must have a good disciplinary record in

prison.

The defendant must have a plan for housing, employment,

and support upon release.

If the defendant meets these eligibility requirements,

their attorney can file a motion for supervised release.

The motion must be filed with the court that originally

sentenced the defendant.

The court will then hold a hearing on the motion. At

the hearing, the defendant's attorney will present evidence

to show that the defendant meets the eligibility

requirements and that they are a good candidate for

supervised release. The prosecutor may also present

evidence to oppose the motion.

After the hearing, the court will issue a decision on

the motion. If the court grants the motion, the defendant

will be released from prison and placed on supervised

release.

中文回答:

递交监督申请书流程。

递交监督申请书是指向法庭提交申请,以期被告人在刑期服满

前从狱中获释,转为社区康复项目。此类申请通常由被告律师提出。

要递交监督申请书,被告必须符合一定资格要求。这些要求包

括:

被告必须因非暴力犯罪被定罪。

被告必须已服刑至少三分之一。

被告在狱中必须有良好的纪律记录。

被告必须有获释后的住房、就业和支持计划。

如果被告符合这些资格要求,其律师即可递交监督申请书。该

申请必须向原判决被告的法庭提出。

然后,法庭将针对该申请举行听证会。在听证会上,被告律师

将提供证据证明被告符合资格要求,并且被告是接受监督释放的理

想人选。检察官也可能提出证据反对该申请。

听证会后,法庭将对该申请做出裁定。如果法庭批准该申请,

被告将从监狱获释并接受监督释放。