§ 8002. Definitions
As used in this chapter:
(1) “Collateral consequence” means a mandatory sanction or a discretionary disqualification.
(2) “Conviction” includes an adjudication for delinquency for purposes of this chapter
only, unless otherwise specified. “Convicted” has a corresponding meaning.
(3) “Court” means the Criminal Division of the Superior Court.
(4) “Decision-maker” means the State acting through a department, agency, officer, or
instrumentality, including a political subdivision, educational institution, board,
or commission, or its employees or a government contractor, including a subcontractor,
made subject to this chapter by contract, by law other than this chapter, or by ordinance.
(5) “Discretionary disqualification” means a penalty, disability, or disadvantage that
an administrative agency, governmental official, or court in a civil proceeding is
authorized, but not required, to impose on an individual on grounds relating to the
individual’s conviction of an offense. Discretionary disqualifications do not encompass
charging decisions, such as the imposition of pre-charge diversion or intervention
programs.
(6) “Mandatory sanction” means a penalty, disability, or disadvantage imposed on an individual
as a result of the individual’s conviction of an offense which applies by operation
of law whether or not the penalty, disability, or disadvantage is included in the
judgment or sentence. The term does not include imprisonment, probation, parole, supervised
release, forfeiture, restitution, fine, assessment, or costs of prosecution.
(7) “Offense” means a felony, misdemeanor, or delinquent act under the laws of this State,
another state, or the United States.
(8) “Incarceration” means confinement in jail or prison.
(9) “State” means a state of the U.S., the District of Columbia, Puerto Rico, the United
States Virgin Islands, or any territory or insular possession subject to the jurisdiction
of the United States. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)