§ 4374. Discretionary expungement; application to court.
§ 4374. Discretionary expungement; application to court. (a) Eligibility. — Upon petition to the appropriate court designated in subsection (c) of this section, an expungement may be granted if the applicant meets 1 of the following: (1) Was convicted of 1 or more misdemeanors other than those listed in § 4373(b) of this title relating […]
§ 4375. Discretionary expungement following a pardon.
§ 4375. Discretionary expungement following a pardon. (a) Notwithstanding any provision of this subchapter or any other law to the contrary, a person who was convicted of a crime, other than those specifically excluded under subsection (b) of this section, who is thereafter unconditionally pardoned by the Governor may request a discretionary expungement under the […]
§ 4352. Return of violator of parole; procedure and action on violation.
§ 4352. Return of violator of parole; procedure and action on violation. (a) At any time during release on parole the Board or any member thereof may issue a warrant for the arrest of a released person for violation of any of the conditions of release, or a notice to appear to answer to a […]
§ 4353. Mental health evaluations required prior to parole.
§ 4353. Mental health evaluations required prior to parole. (a) No person who has been convicted of and imprisoned for any class A felony, felony sex offense or any felony wherein death or assault to a victim occurred shall be released from incarceration by the Parole Board until the Parole Board has considered a mental […]
§ 4354. Applicability to sentences imposed pursuant to truth in sentencing.
§ 4354. Applicability to sentences imposed pursuant to truth in sentencing. No sentence imposed pursuant to the provisions of the Truth and Sentencing Act of 1989, including sentences imposed for felonies under § 4177 of Title 21, shall be subject to parole under the provisions of this subchapter. 67 Del. Laws, c. 130, § 7; […]
§ 4335. Presentence investigations; Superior Court; Court of Common Pleas; Investigative Services Officers.
§ 4335. Presentence investigations; Superior Court; Court of Common Pleas; Investigative Services Officers. (a) (1) Chief Investigative Services Officer. — The Superior Court and the Court of Common Pleas may appoint a suitable person in each of the counties of the State to conduct such presentence investigations and to perform such other duties, within or […]
§ 4358. Terms of the compact between the states.
§ 4358. Terms of the compact between the states. The Governor shall execute a compact on behalf of the State with any of the United States legally joining therein in the form substantially as follows: INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS PREAMBLE * WHEREAS, the interstate compact for the supervision of Parolees and […]
§ 4336. Community notice of offenders on probation, parole, conditional release, or release from confinement.
§ 4336. Community notice of offenders on probation, parole, conditional release, or release from confinement. (a) Notwithstanding any other provision of law to the contrary, the Department of Correction or the Department of Services to Children, Youth and Their Families (DSCYF) as the case may be, shall provide written notice to the Attorney General, to […]
§ 4359. Short title; Service fee.
§ 4359. Short title; Service fee. This subchapter may be cited as the Interstate Compact for Adult Offender Supervision. Any probationee who applies under this Compact for interstate transfer into or from the State of Delaware shall pay to the Department of Correction a service fee of $50 to defray costs under the Compact. 11 […]
§ 4341. Selection, appointment and removal of Board of Parole.
§ 4341. Selection, appointment and removal of Board of Parole. (a) The Board of Parole shall consist of a Chairperson and 4 other members, all of whom shall be appointed by the Governor and confirmed by a majority of the members elected to the Senate. One member shall be from each county and 1 additional […]