§ 632-a. Crime victims. 1. For the purposes of this section:\n (a) "Crime" means (i) any felony defined in the laws of the state; or\n(ii) an offense in any jurisdiction which includes all of the essential\nelements of any felony defined in the laws of this state and: (A) the\ncrime victim, as defined in subparagraph (i) of paragraph (d) of this\nsubdivision, was a resident of this state at the time of the commission\nof the offense; or (B) the act or acts constituting the offense occurred\nin whole or in part in this state.\n (b) "Profits from a crime" means (i) any property obtained through or\nincome generated from the commission of a crime of which the defendant\nwas convicted; (ii) any property obtained by or income generated from\nthe sale, conversion or exchange of proceeds of a crime, including any\ngain realized by such sale, conversion or exchange; and (iii) any\nproperty which the defendant obtained or income generated as a result of\nhaving committed the crime, including any assets obtained through the\nuse of unique knowledge obtained during the commission of, or in\npreparation for the commission of, a crime, as well as any property\nobtained by or income generated from the sale, conversion or exchange of\nsuch property and any gain realized by such sale, conversion or\nexchange.\n (c) "Funds of a convicted person" means all funds and property\nreceived from any source by a person convicted of a specified crime, or\nby the representative of such person as defined in subdivision six of\nsection six hundred twenty-one of this article excluding child support\nand earned income, where such person:\n (i) is an incarcerated individual serving a sentence with the\ndepartment of corrections and community supervision or a prisoner\nconfined at a local correctional facility or federal correctional\ninstitute, and includes funds that a superintendent, sheriff or\nmunicipal official receives on behalf of an incarcerated individual or\nprisoner and deposits in an incarcerated individual account to the\ncredit of the incarcerated individual pursuant to section one hundred\nsixteen of the correction law or deposits in a prisoner account to the\ncredit of the prisoner pursuant to section five hundred-c of the\ncorrection law; or\n (ii) is not an incarcerated individual or prisoner but who is serving\na sentence of probation or conditional discharge or is presently subject\nto an undischarged indeterminate, determinate or definite term of\nimprisonment or period of post-release supervision or term of supervised\nrelease, but shall include earned income earned during a period in which\nsuch person was not in compliance with the conditions of his or her\nprobation, parole, conditional release, period of post-release\nsupervision by the department of corrections and community supervision\nor term of supervised release with the United States probation office or\nUnited States parole commission. For purposes of this subparagraph, such\nperiod of non-compliance shall be measured, as applicable, from the\nearliest date of delinquency determined by the department of corrections\nand community supervision, or from the earliest date on which a\ndeclaration of delinquency is filed pursuant to section 410.30 of the\ncriminal procedure law and thereafter sustained, or from the earliest\ndate of delinquency determined in accordance with applicable federal\nlaw, rules or regulations, and shall continue until a final\ndetermination sustaining the violation has been made by the trial court,\nthe department of corrections and community supervision, or appropriate\nfederal authority; or\n (iii) is no longer subject to a sentence of probation or conditional\ndischarge or indeterminate, determinate or definite term of imprisonment\nor period of post-release supervision or term of supervised release, and\nwhere within the previous three years: the full or maximum term or\nperiod terminated or expired or such person was granted a discharge by\nth
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