§ 9-401 Definitions.
AC § 9-401
As used in this chapter, the following terms have the following meanings: Charge severity. The term "charge severity" means whether a top charge is a felony, misdemeanor, violation, or traffic infraction. Conviction severity. The term "conviction severity" means whether a charge of conviction is a felony, misdemeanor, violation, or traffic infraction. Disposition. The term "disposition" means any instance in which a prosecution results in a dismissal, adjournment in contemplation of dismissal, or judgment of conviction. Incarcerated. The term "incarcerated" means a defendant who is detained by the department of correction, the police department, the administration for children's services, or the New York state department of corrections and community supervision pursuant to article 510 of the criminal procedure law, but who has not been deemed an incapacitated person under article 730 of the criminal procedure law. Office. The term "office" means the office of any district attorney in the city of New York. Program. The term "program" means any pretrial diversion, treatment, alternative to incarceration, or other intervention that a defendant enters into outside the custody of the department of correction. Prosecute. The term "prosecute" means to file an accusatory instrument. Supervised release or release under supervision. The term "supervised release" means any instance in which a criminal defendant is released from custody during the pendency of a prosecution under the condition that such defendant maintain contact with an entity or individual that provides monitoring or supervision or otherwise mandatory programming during such release. Top charge. The term "top charge" refers to the charge that carries the longest potential period of incarceration filed in an accusatory instrument, or, if an accusatory instrument is not filed, the term "top charge" means the charge that carries the longest potential period of incarceration referred for prosecution. (L.L. 2021/161, 12/24/2021, eff. 12/24/2021)
