§ 4371. Statement of policy.
§ 4371. Statement of policy. The General Assembly finds that a criminal history is a hindrance to a person’s present and future ability to obtain employment, housing, education, or credit. This subchapter is intended to protect persons from unwarranted damage which may occur when the existence of a criminal history continues indefinitely. 62 Del. Laws, […]
§ 4502. Stay of execution on writ of error or certiorari; requirements.
§ 4502. Stay of execution on writ of error or certiorari; requirements. No writ of error or writ of certiorari issuing from the Supreme Court in any criminal cause shall operate as a stay of execution of the sentence of the trial court unless such writ of error or writ of certiorari be sued out […]
§ 4347. Parole authority and procedure.
§ 4347. Parole authority and procedure. (a) A person committed to the custody of the Department who will be eligible for parole within 180 days may apply for a parole hearing on forms promulgated by the Board. Upon receipt of such application, the Board shall notify the Bureau Chief of Prisons of said application and […]
§ 4348. Release upon merit and good behavior credits.
§ 4348. Release upon merit and good behavior credits. A person released on or after August 8, 2012, having served that person’s term or terms in incarceration, less such merit and good behavior credits as have been earned, shall, upon release, be deemed as released on probation until the expiration of the maximum term or […]
§ 4349. Information from the Department and others.
§ 4349. Information from the Department and others. The Department shall grant to the Board or its representatives access to any person over whom the Board has jurisdiction under this chapter, and shall provide facilities for communicating with and observing such person, and make available to the Board such reports as the Board shall require […]
§ 4350. Conduct of hearings on applications for parole.
§ 4350. Conduct of hearings on applications for parole. (a) The Board shall adopt rules for hearing oral statements or arguments by persons not connected with the Department of Correction when hearing applications for parole. In developing those rules, the Board shall reserve for itself the right to: (1) Limit the length of each statement; […]
§ 4351. Witnesses; production of records.
§ 4351. Witnesses; production of records. The Board may issue subpoenas requiring the attendance of such witnesses and the production of such records, books, papers and documents necessary for investigation of the case of any person before it. Subpoenas may be signed and oaths administered by any member of the Board. Subpoenas so issued may […]
§ 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; […]