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This entry was published on 2014-09-22
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SECTION 835
Definitions
Executive (EXC) CHAPTER 18, ARTICLE 35
§ 835. Definitions. 1. "Division" means the division of criminal
justice services.

3. "Commissioner" means the commissioner of the division of criminal
justice services.

4. "Council" means the municipal police training council.

5. "Federal acts" means the federal omnibus crime control and safe
streets act of nineteen hundred sixty-eight, the federal juvenile
delinquency prevention and control act of nineteen hundred sixty-eight,
and any act or acts amendatory or supplemental thereto.

6. "Municipality" means any county, city, town, park commission,
village, or police district in the state.

7. "Police officer" means a member of a police force or other
organization of a municipality who is responsible for the prevention and
detection of crime and the enforcement of the general criminal laws of
the state, but shall not include any person serving as such solely by
virtue of his occupying any other office or position, nor shall such
term include a sheriff, under-sheriff, commissioner of police, deputy or
assistant commissioner of police, chief of police, deputy or assistant
chief of police or any person having an equivalent title who is
appointed or employed by a municipality to exercise equivalent
supervisory authority.

7-a. "Police officer," for the purpose of the central state registry,
means a person designated as such in subdivision thirty-four of section
1.20 of the criminal procedure law.

7-b. "Peace officer" means a person designated as such in section 2.10
of the criminal procedure law.

8. "Police agency" means any agency or department of any municipality,
commission, authority or other public benefit corporation having
responsibility for enforcing the criminal laws of the state.

9. "Qualified agencies" means courts in the unified court system, the
administrative board of the judicial conference, probation departments,
sheriffs' offices, district attorneys' offices, the state department of
corrections and community supervision, the department of correction of
any municipality, the financial frauds and consumer protection unit of
the state department of financial services, the office of professional
medical conduct of the state department of health for the purposes of
section two hundred thirty of the public health law, the child
protective services unit of a local social services district when
conducting an investigation pursuant to subdivision six of section four
hundred twenty-four of the social services law, the office of Medicaid
inspector general, the temporary state commission of investigation,
police forces and departments having responsibility for enforcement of
the general criminal laws of the state, the Onondaga County Center for
Forensic Sciences Laboratory when acting within the scope of its law
enforcement duties and the division of forensic services of the Nassau
county medical examiner's office when acting within the scope of its law
enforcement duties.

10. "Criminal justice function" means the prevention, detection and
investigation of the commission of an offense, the apprehension of a
person for the alleged commission of an offense, the detention, release
on recognizance or bail of a person charged with an offense prior to
disposition of the charge, the prosecution and defense of a person
charged with an offense, the detention, release on recognizance or bail
of a person convicted of an offense prior to sentencing, the sentencing
of offenders, probation, incarceration, parole, proceedings in a court
subsequent to a judgment of conviction relating thereto and the release
of offenders from incarceration.