§ 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 […]
§ 4217. Jurisdiction over sentence retained.
§ 4217. Jurisdiction over sentence retained. (a) In any case where the trial court has imposed an aggregate sentence of incarceration at Level V in excess of 1 year, the court shall retain jurisdiction to modify the sentence to reduce the level of custody or time to be served under the provisions of this section. […]
§ 4218. Probation before judgment.
§ 4218. Probation before judgment. (a) Subject to the limitations set forth in this section, for a violation or misdemeanor offense under Title 4, 7, or this title, or for any violation or misdemeanor offense under Title 21 which is designated as a motor vehicle offense subject to voluntary assessment by § 709 of Title […]
§ 4219. Continuous Remote Alcohol Monitoring Program.
§ 4219. Continuous Remote Alcohol Monitoring Program. (a) There is hereby established for sentencing and probation purposes a Continuous Remote Alcohol Monitoring Program which shall use technology to monitor offenders for alcohol use. The program shall be administered by the Department of Correction which shall have the sole authority to determine which offenders are accepted […]
§ 4220. Modification, suspension or reduction of sentence for substantial assistance.
§ 4220. Modification, suspension or reduction of sentence for substantial assistance. (a) The Attorney General may move the sentencing court to modify, reduce or suspend the sentence of any person who is convicted of any crime or offense specified in this Code, and who provides substantial assistance in the identification, arrest or prosecution of any […]
§ 4221. Modification, deferral, suspension or reduction of sentence for serious physical illness, injury or infirmity.
§ 4221. Modification, deferral, suspension or reduction of sentence for serious physical illness, injury or infirmity. Notwithstanding any provision of law to the contrary, a court may modify, defer, suspend or reduce a minimum or mandatory sentence of 1 year or less, or a portion thereof, where the court finds by clear and convincing evidence, […]
§ 4301. Purposes and construction.
§ 4301. Purposes and construction. This chapter shall be construed to the end that the treatment of persons convicted of crime shall take into consideration their individual characteristics, circumstances, needs and potentialities as revealed by a case study, and that whenever it appears desirable in the light of the needs of public safety and their […]
§ 4302. Definitions.
§ 4302. Definitions. As used in this chapter: (1) “Board of Pardons” means that Board as established by the Constitution and laws. (2) “Commissioner” or “Commissioner of the Department” means Commissioner of the Department of Correction. (3) “Community service” means the performance of work or service for a nonprofit or other tax-supported entity by an […]
§ 4321. Probation and parole officers.
§ 4321. Probation and parole officers. (a) The Department and its probation and parole officers shall conduct such preparole investigations or perform such other duties under this chapter as may be ordered by the court, Parole Board or Department; provided, however, that all presentence investigations and reports for the Superior Court and the Court of […]