This is a list of definitions of terms used throughout this subchapter:

1. 1. 

   Confinement – when an individual is in the custody of a United States (including US territories) correctional or mental health facility. Also consider beneficiaries confined when they are:

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     temporarily outside a facility because of hospitalization;

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     temporarily outside a facility to work or attend school;

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     escapees or those who fail to report to begin their sentence; or

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     transferred from the facility to a halfway house or a work release program.

   Confinement, for Title II purposes, does not include:

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     any month throughout which a beneficiary is living outside the correctional institution at no expense (other than the cost of monitoring) to the institution, the correctional agency, or any agency that has authority over the beneficiary (e.g., home monitoring); or

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     residence in a correctional institution for 30 days or less.

2. 2. 

   Conviction – a court verdict that finds a defendant guilty upon conclusion of a trial or upon accepting a guilty plea or other plea that is equivalent to a guilty plea (nolo contendere or Alford pleas).

   A nolo contendere plea means the beneficiary does not contest the criminal charges, but does not admit or deny the charges. An Alford plea means the beneficiary concedes there is enough evidence to convict them of the crime, pleads guilty to take advantage of a plea offer, but denies that they in fact committed the crime. Consider both the nolo contendere and Alford pleas as guilty pleas for Title II suspension purposes.

   Do not consider a beneficiary convicted when a court:

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     sets aside a previous guilty plea (the court may enter a not guilty plea, either on its own motion on behalf of the defendant, or upon the defendant's request);

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     chooses to delay the acceptance of a guilty plea until receipt of a pre-sentence report;

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     overturns a prior conviction; or

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     convicts the beneficiary of a criminal offense but postpones sentencing. A court must complete both the conviction and sentencing phases of a trial before we consider a beneficiary convicted.

3. 3. 

   Felony – is any offense punishable by death or imprisonment for a term exceeding one year under the laws of a particular jurisdiction.

   Some jurisdictions (e.g., Maine, District of Columbia, New Jersey) do not classify any crime as a felony. In these jurisdictions, consider an offense punishable by death or imprisonment for a term exceeding 1 year a felony.

4. 4. 

   Incompetent to Stand Trial – a court finding that a defendant is mentally incapable of helping in their own defense. The court never convicts a defendant who is incompetent to stand trial, but may place the defendant into the custody of an institution for medical treatment. For more information on incompetent to stand trial verdicts, see GN 02607.330.

5. 5. 

   Not Guilty by Reason of Insanity – a plea by a criminal defendant who admits the criminal act, but claims that they were mentally disturbed at the time of the crime and lacked the mental capacity to have intended to commit a crime. For more information on NGRIs, see GN 02607.310.

6. 6. 

   Parole – release from jail, prison or other confinement in a correctional facility after serving part of the sentence

7. 7. 

   Probation – the release of an offender from confinement, subject to a period of good behavior under supervision.

8. 8. 

   Sentence – a judgment by a court in a criminal proceeding that specifies the punishment to be inflicted on the convicted individual.

9. 9. 

   Sexually Dangerous Person – a person with a mental abnormality or personality disorder who is likely to engage in sexual offenses if released from confinement. For more information on SDPs, see GN 02607.350.