13-4401

13-4401. Definitions

In this chapter, unless the context otherwise requires:

1. "Accused" means a person who has been arrested for committing a criminal offense
and who is held for an initial appearance or other proceeding before trial.

2. "Appellate proceeding" means any contested matter before the state court of
appeals, the state supreme court, a federal court of appeals or the United States supreme
court.

3. "Arrest" means the actual custodial restraint of a person or the person's
submission to custody.

4. "Court" means all state, county and municipal courts in this state.

5. "Crime victim advocate" means a person who is employed or authorized by a public
entity or a private entity that receives public funding primarily to provide counseling,
treatment or other supportive assistance to crime victims.

6. "Criminal offense" means conduct that gives a peace officer or prosecutor
probable cause to believe that one of the following has occurred:

(a) A felony.

(b) A misdemeanor involving physical injury, the threat of physical injury or a
sexual offense.

7. "Criminal proceeding" means any hearing, argument or other matter that is
scheduled by and held before a trial court but does not include any deposition, lineup,
grand jury proceeding or other matter that is not held in the presence of the court.

8. "Custodial agency" means any law enforcement officer or agency, a sheriff or
municipal jailer, the state department of corrections or a secure mental health facility
that has custody of a person who is arrested or in custody for a criminal offense.

9. "Defendant" means a person or entity that is formally charged by complaint,
indictment or information of committing a criminal offense.

10. "Final disposition" means the ultimate termination of the criminal prosecution
of a defendant by a trial court, including dismissal, acquittal or imposition of a
sentence.

11. "Immediate family" means a victim's spouse, parent, child, sibling, grandparent
or lawful guardian.

12. "Lawful representative" means a person who is designated by the victim or
appointed by the court and who acts in the best interests of the victim.

13. "Post-arrest release" means the discharge of the accused from confinement on
recognizance, bond or other condition.

14. "Post-conviction release" means parole, work furlough, community supervision,
probation if the court waived community supervision pursuant to section 13-603, home
arrest or any other permanent, conditional or temporary discharge from confinement in the
custody of the state department of corrections or a sheriff or from confinement in a
municipal jail or a secure mental health facility.

15. "Post-conviction relief proceeding" means a contested argument or evidentiary
hearing that is held in open court and that involves a request for relief from a
conviction or sentence.

16. "Prisoner" means a person who has been convicted of a criminal offense against a
victim and who has been sentenced to the custody of the sheriff, the state department of
corrections, a municipal jail or a secure mental health facility.

17. "Release" means no longer in the custody of a custodial agency and includes
transfer from one custodial agency to another custodial agency.

18. "Rights" means any right that is granted to the victim by the laws of this
state.

19. "Victim" means a person against whom the criminal offense has been committed,
including a minor, or if the person is killed or incapacitated, the person's spouse,
parent, child, grandparent or sibling, any other person related to the person by
consanguinity or affinity to the second degree or any other lawful representative of the
person, except if the person or the person's spouse, parent, child, grandparent, sibling,
other person related to the person by consanguinity or affinity to the second degree or
other lawful representative is in custody for an offense or is the accused.