Delaware § 7003 - Definitions.

§ 7003. Definitions.

When used in this chapter:

(1) “Conviction” means as defined under § 222 of Title 11. “Conviction” also includes a case in which a person is adjudicated delinquent under § 1002 of this title.

(2) “Defendant” means a defendant in a criminal case or a respondent in a juvenile delinquency case.

(3) “Heirs” means the executor or administrator of a decedent’s estate, the decedent’s personal representatives, or both.

(4) “Incarceration,” in addition to its ordinary meaning, means any of the following:

a. Imprisonment in a Department of Correction facility.

b. Involuntary confinement in the Delaware Psychiatric Center.

c. Placement in the custody of the Department of Services for Children, Youth and Their Families.

d. Pretrial detention.

(5) “Petitioner” means the individual claiming wrongful conviction and, if that individual is deceased, the individual’s heirs. In petitions brought by heirs, the term “petitioner” also means the deceased individual who claimed wrongful conviction where it is used to describe the petitioner’s prosecution, the petitioner’s conviction, the petitioner’s sentence, settlements by and civil awards to the petitioner, and the petitioner’s costs for reintegrative services, mental health care, or physical health care.

84 Del. Laws, c. 427, § 1;