reglab/housing_qa huggingface dataset:
11 DE Code § 4373A. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter VII. Expungement of Criminal Records|§ 4373A. Mandatory expungement; automatic.

§ 4373A. Mandatory expungement; automatic. (a) A case that is eligible for mandatory expungement under § 4373 of this title is eligible for automatic expungement under this section. (b) Beginning August 1, 2024, on a monthly basis, the State Bureau of Identification shall identify cases that are eligible for mandatory expungement and proceed under § 4372(e)(2) of this title to expunge the eligible records.  (c) The Department of Safety and Homeland Security may promulgate reasonable regulations necessary for the State Bureau of Identification to accomplish the purposes of this section. (d) Nothing in this section precludes an individual from filing a petition for expungement of records under § 4373(a) of this title that are eligible for automatic expungement under this section if an automatic expungement has not occurred. (e) An individual does not have a cause of action for damages as a result of the failure to identify an individual's case as eligible for automatic expungement. 83 Del. Laws, c. 265, § 3;
11 DE Code § 4375. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter VII. Expungement of Criminal Records|§ 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 procedures under § 4374(c) through (h) and (j) of this title. (b) Exclusions. — Convictions of the following crimes are not eligible for expungement after a pardon under this section:  (1) Manslaughter, under § 632 of this title. (2) Murder in the second degree, under § 635 of this title. (3) Murder in the first degree, under § 636 of this title. (4) Rape in the second degree, under § 772 of this title. (5) Rape in the first degree, under § 773 of this title. (6) Sexual abuse of a child by a person in a position of trust, authority, or supervision in the first degree, under § 778(1), (2), or (3) of this title. 76 Del. Laws, c. 392, §  3;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 156, §  2;  78 Del. Laws, c. 256, §  6;  82 Del. Laws, c. 83, § 5;  83 Del. Laws, c. 263, § 4;
11 DE Code § 4377. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter VII. Expungement of Criminal Records|§ 4377. Notification to federal government.

§ 4377. Notification to federal government. Upon the granting by the court of an order for the expungement of records under this subchapter, the State Bureau of Identification shall provide notice of the order of expungement to federal law-enforcement. 62 Del. Laws, c. 317, §  2;  76 Del. Laws, c. 392, §  3;  82 Del. Laws, c. 83, § 7;
11 DE Code § 4381. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter VIII. Diminution of Confinement|§ 4381. Earned good time.

§ 4381. Earned good time. (a) Subject to the limitations set forth in subsection (b) of this section, all sentences, other than a life sentence, imposed for any offense pursuant to any provision of this title, Title 16 and/or Title 21 may be reduced by good time credit under the provisions of this subchapter and rules and regulations adopted by the Commissioner of Corrections. This provision will apply regardless of any previously imposed statutory limitations set forth in this title, Title 16 or Title 21. (b) The awarding of good time credit set forth in subsection (a) of this section above will not apply to sentences imposed pursuant to § 4214 or § 4204(k) of this title or sentences imposed prior to the enactment of this statute. (c) “Good time” may be earned for good behavior while in the custody of the Department of Correction when the person has not been guilty of any violation of discipline, rules of the Department or any criminal activity and has labored with diligence toward rehabilitation according to the following conditions:  (1) During the first year of any sentence, good time may be awarded at the rate of 2 days per month beginning on the first day of confinement. (2) After completing 365 days of any sentence, good time may be awarded at the rate of 3 days per month. (3) No person shall be awarded more than 36 days of good time under this subsection for good behavior in any 1 year consisting of 365 calendar days actually served. (d) “Good time” may be earned by participation in education, rehabilitation, work, or other programs as designated by the Commissioner. Good time may be awarded for satisfactory participation in approved programs at a rate of up to 10 days per calendar month. For offenders sentenced on or after August 8, 2012, up to 60 days of additional good time may be awarded for successful completion of an approved program designed to reduce recidivism. (e) No more than a total of 180 days of “good time” may be earned in any 1 year consisting of 365 days actually served. Good time credits shall be applied such that the resulting release date is not prior to the effective completion date of the offender's approved program. For offenders serving multiple sentences, good time shall be credited to the consolidated time being served, rather than individually to each sentence. 67 Del. Laws, c. 130, §  5;  74 Del. Laws, c. 346, §  2;  76 Del. Laws, c. 351, §§  1-3;  77 Del. Laws, c. 406, §  1;  78 Del. Laws, c. 392, §§  9, 10;  79 Del. Laws, c. 187, §  1;  83 Del. Laws, c. 82, § 2;
11 DE Code § 4382. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter VIII. Diminution of Confinement|§ 4382. Forfeiture of good time.

§ 4382. Forfeiture of good time. (a) Any person subject to the custody of the Department at Level IV or V shall, upon the conviction of any crime during the term of the sentence, forfeit all good time accumulated to the date of the criminal act; this forfeiture is not subject to suspension. (b) Any person subject to the custody of the Department of Correction at Level IV or V who is determined to have violated the rules of the Department of Correction shall under the rules and procedures of the Department forfeit all or part of the good time accrued to the date of such offense. Forfeiture under this subsection may be suspended by the Department for the purposes of encouraging rehabilitation or compliance with discipline. (c) Any person subject to the custody of the Department who is determined to have physically assaulted any correctional officer or employee of the Department shall, in addition to any criminal or civil penalties which may be imposed, forfeit all good time accumulated to date of the assault; this forfeiture is not subject to suspension. (d) When good time is actually ordered forfeit, it may not be recovered by the incarcerated person. (e) Any person subject to the custody of the Department at Level IV or Level V, who is found by a court or a federal court to have filed a factually frivolous claim, malicious claim or legally frivolous claim and sanctioned by the court or federal court pursuant to § 8805(a) or (b) of Title 10, shall be deemed to have failed to earn behavior good time credits within the meaning of § 4381(c) of this title and shall have a portion of that person's good time credits accumulated pursuant to § 4381(c) of this title forfeited to the extent and in accordance with the order issued pursuant to § 8805 of Title 10. 67 Del. Laws, c. 130, §  5;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 411, §  3;  70 Del. Laws, c. 581, §  1;  77 Del. Laws, c. 406, §  1;
11 DE Code § 4383. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter VIII. Diminution of Confinement|§ 4383. Earned compliance credit for probation.

§ 4383. Earned compliance credit for probation. (a) Any periods of probation sentenced to or released to probation on or after August 8, 2012, may be reduced by earned compliance credit under the provisions of this chapter and rules and regulations adopted by the Department of Correction. (b) Persons under supervision may earn up to 30 days of credit for 30 days of compliance with conditions of supervision, not to exceed 1/2 of their probationary period. Earned compliance credit will be forfeited upon conviction of a new crime and may be forfeited upon revocation of probation. (c) For any offender released on or after August 8, 2012, a period of conditional release shall be served concurrently with the probationary period. (d) Earned compliance credit shall not be available to reduce any period of probation:  (1) Imposed for any sexual offense as defined in § 761 of this title; or (2) Imposed for any violent felony in this title as designated by § 4201(c) of this title; or (3) Imposed for any offense set forth in the Delaware Code if the period of probation is imposed to ensure the collection of any restitution ordered and the individual is sentenced to Accountability Level I—Restitution Only; or (4) Imposed for such other categories of offenses as set forth in the rules and regulations adopted by the Department of Correction.78 Del. Laws, c. 392, §  11;  79 Del. Laws, c. 187, §  2;
11 DE Code § 4391. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter IX. House Arrest|§ 4391. Definitions.

§ 4391. Definitions. The following words, terms and phrases, when used in this subchapter, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:  (1) “Crime of violence” means any crime which involves the use or threat of physical force or violence against any individual. For purposes of this subchapter, no motor vehicle offense is a crime of violence where it is not a part of an additional crime. (2) “Good standing” means that an offender participating in the house arrest program has, at the time such person entered the program and continuously thereafter, met the following qualifications:  a. No pending warrants or charges. b. No major violations during the immediately preceding 45 days. c. Adherence to all conditions of probation, work-release and case plans. (3) “House arrest” or “house arrest program” means a form of intensive supervised custody in the community, including surveillance on weekends, administered by intensive supervision officers. The house arrest program shall be an individual program in which the freedom of the offender is restricted within the stable, approved place of residence of the offender or within the stable, approved place of residence of a host, parent, sibling or child of the offender and in which specific sanctions are imposed and enforced. (4) “Public service” means that work which is required of an offender participating in the house arrest program and shall include work which the offender is ordered to perform, without payment, for the benefit of the community, separate and apart from any paid employment which the offender may be permitted to obtain. All public service work shall be performed for designated tax-supported or tax-exempt entities which have entered into an informal agreement with the Department to administer the work performed by the offender. The words “public service” include any of the following:  a. Work on any property or building owned or leased by the State, by any county or by a municipality or by any nonprofit organization or agency or work for any program under the control or sponsorship of a charitable enterprise. b. Work on a state, county or municipally-owned road or highway. c. Landscaping, maintenance or service work in any state, county or municipal park or recreation areas. d. Work in a state, county or municipal hospital or for any nonprofit health or medical center or facility.66 Del. Laws, c. 29, §  3;  83 Del. Laws, c. 35, § 2;
11 DE Code § 4392. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter IX. House Arrest|§ 4392. Identification and selection of participants.

§ 4392. Identification and selection of participants. (a) An offender sentenced to supervision Level I, II or III is not eligible for house arrest placement unless specifically ordered by the sentencing judge, or as a result of administrative detention under § 4334(d) of this title. (b) Any person committed to the corrections center to serve a short-term sentence for a crime shall be identified by the classification officer before or upon arrival at the corrections center if the person has not already been identified prior to transportation to the corrections center. (c) The sentencing judge, in sentencing an offender, may impose a house arrest sentence as an alternative to imprisonment. 66 Del. Laws, c. 29, §  3;  76 Del. Laws, c. 399, §  2;  78 Del. Laws, c. 392, §  13;  83 Del. Laws, c. 35, § 3;
11 DE Code § 4393. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter IX. House Arrest|§ 4393. Requirements for participation.

§ 4393. Requirements for participation. (a) No person shall be eligible for the house arrest program unless the person meets the following requirements:  (1) Participation shall be; voluntary. (2) Participation shall be limited to the following types of offenders:  a. Individuals found guilty of crimes who, due to the characteristics of the crime and/or the offender's background, would not be placed on regular probation. b. Probation violators charged with technical or misdemeanor violations. c. Parole violators charged with technical or misdemeanor violations. (b) The supervision of offenders assigned to home confinement and the use of the electronic monitoring devices shall be restricted to the area within the geographical boundaries of the State unless otherwise determined by the Commissioner of the Department of Correction. 66 Del. Laws, c. 29, §  3;  73 Del. Laws, c. 320, §  3;  83 Del. Laws, c. 35, § 4;
11 DE Code § 4394. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter IX. House Arrest|§ 4394. Requirements for continued participation.

§ 4394. Requirements for continued participation. No person shall remain in the house arrest program if such person fails to meet any of the following conditions:  (1) Each participant shall perform whatever community service work is assigned by the court or by the Department; (2) Each participant shall remain confined to the residence approved by the program, except for approved employment, public service work or other special activities approved by the program; (3) Each participant shall make such regular restitution payments to each victim or victims of the crime as are determined by the court; (4) Each participant shall have an approved, stable residence; (5) Each participant shall have stable employment as defined by Department rules and regulations; (6) Each participant shall remain in good standing as a condition of continued participation in the program; (7) Each person in a house arrest program shall participate in all counselling activities and requirements, including such group programs and meetings as are directed by the court or by the Department; (8) Each participant shall report to a designated officer as directed by the court or by the Department.66 Del. Laws, c. 29, §  3;  67 Del. Laws, c. 442, §  2;
11 DE Code § 5101. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 51. Superior Court|Subchapter I. General Provisions|§ 5101. Writs or precepts to take persons indicted.

§ 5101. Writs or precepts to take persons indicted. The Superior Court may issue writs or precepts, under the seal of the Court, to any sheriff, or other officer, of any county in the State, to take any person indicted. Code 1852, §  1931;  Code 1915, §  3800;  Code 1935, §  4312;  11 Del. C. 1953, §  5101;
11 DE Code § 5102. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 51. Superior Court|Subchapter I. General Provisions|§ 5102. Subpoenas and warrants generally; enforcement.

§ 5102. Subpoenas and warrants generally; enforcement. The Superior Court, in the exercise of its criminal jurisdiction, may issue subpoenas and other warrants into any county in the State, for summoning or bringing any person to give evidence in any matter triable before it and may enforce obedience by fine or imprisonment. Such subpoenas and warrants shall be in such form as may be prescribed by the Rules of the Court. Code 1852, §  1931;  Code 1915, §  3800;  Code 1935, §  4312;  11 Del. C. 1953, §  5102;
11 DE Code § 5103. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 51. Superior Court|Subchapter I. General Provisions|§ 5103. Assignment of counsel.

§ 5103. Assignment of counsel. (a) The Superior Court shall assign counsel to any person on trial for murder, manslaughter or any offense punishable by death, or the offense of being an accomplice or accessory to any such crime, if such person is unable to obtain counsel. (b) The Court may assign counsel to any person in any criminal prosecution as provided by the Rules of Criminal Procedure for the Superior Court. Code 1852, §§  1925, 1926, 1929;  11 Del. Laws, c. 225, §  1;  Code 1915, §§  3793, 3794, 3798;  Code 1935, §§  4305, 4306, 4310;  11 Del. C. 1953, §  5103;
11 DE Code § 5104. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 51. Superior Court|Subchapter I. General Provisions|§ 5104. Composition of Court in cases tried without jury; concurrence of all Judges sitting.

§ 5104. Composition of Court in cases tried without jury; concurrence of all Judges sitting. In a criminal case tried without a jury, the Superior Court shall consist of either 1, 2 or 3 Judges, as the Court shall determine; but if more than 1 Judge shall try such case, the concurrence of all the Judges sitting shall be required for a verdict. Code 1915, §  4847C;  35 Del. Laws, c. 233;  Code 1935, §  5310;  11 Del. C. 1953, §  5104;
11 DE Code § 5105. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 51. Superior Court|Subchapter I. General Provisions|§ 5105. Legal counsel for public officers and employees.

§ 5105. Legal counsel for public officers and employees. Any public officer or employee, in any criminal action against such officer or employee arising from the officer's or employee's state employment, shall be entitled to petition the Court for a Court-appointed attorney to represent the officer's or employee's interests in the matter. If the Judge, after consideration of the petition, examination of the petitioner and receipt of such further evidence as the Judge may require, determines that the petition has merit, the Judge shall appoint an attorney to represent the interests of such public officer or employee. The Court-appointed attorney shall continue such representation until the final determination of the matter, even if the case is transferred to another court, unless such attorney is earlier released by such person or by the Court. This section shall also apply to all federal courts within this State. 60 Del. Laws, c. 474, §  2;  60 Del. Laws, c. 676, §  2;  70 Del. Laws, c. 186, §  1;
11 DE Code § 5106. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 51. Superior Court|Subchapter I. General Provisions|§ 5106. Plea negotiations by the State.

§ 5106. Plea negotiations by the State. (a) In every criminal case in the Superior Court involving a felony wherein the Department of Justice agrees to accept a plea of guilty to less than the original most serious charge indicted by the county grand jury or originally filed by information, the prosecuting attorney shall state on the record:  (1) That the prosecuting attorney notified and discussed the plea agreement with the victim prior to its entry; or (2) If notification was not reasonably possible, what steps were taken to give such information to the victim. (b) In any case where the victim is deceased, the information required by subsection (a) of this section shall be given to any known next of kin. If the victim is an organization, such information shall be given to a responsible officer. If the victim is a minor child, such information shall be given to the parent or guardian of said child. (c) For purposes of this section, “victim” is one who was injured or killed as the result of a criminal offense or who suffered monetary loss as a result of such an offense. (d) No violation of this section shall be considered as a basis for setting aside a guilty plea entered by a defendant or for any other relief. 67 Del. Laws, c. 317, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 71, §  2;
11 DE Code § 5121. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 51. Superior Court|Subchapter II. Rules of Criminal Procedure|§ 5121. Adoption; scope.

§ 5121. Adoption; scope. (a) The Superior Court may, from time to time, adopt and promulgate general rules which prescribe and regulate the form and manner of process, pleading, practice and procedure governing criminal proceedings in the Superior Court from their inception to their termination, including such proceedings before inferior courts and justices of the peace as are preliminary to indictment or information filed in the Superior Court. (b) Such rules shall not abridge, enlarge or modify the substantive rights of any person, and shall preserve the right of trial by jury as at common law and as declared by the statutes and Constitution of this State. (c) The Rules of Criminal Procedure for the Superior Court adopted and promulgated by the Supreme Court prior to the enactment of this Code shall take effect upon the enactment of this Code. Any amendments of or supplements to such Rules which the Superior Court may hereafter adopt and promulgate shall take effect upon such date as the Superior Court shall fix in its order adopting and promulgating such amendments or supplements. After the effective date of any rule adopted and promulgated under this section, all laws inconsistent or in conflict therewith shall be of no further force or effect. (d) Nothing in this title, anything therein to the contrary notwithstanding, shall in any way limit, supersede or repeal any such rules heretofore prescribed under authority of law. 48 Del. Laws, c. 209;  11 Del. C. 1953, §  5121;
11 DE Code § 5122. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 51. Superior Court|Subchapter II. Rules of Criminal Procedure|§ 5122. Conflict between rules and statutes.

§ 5122. Conflict between rules and statutes. Any inconsistency or conflict between any rule of court promulgated under the authority of § 5121 of this title, or prior law, and any of the provisions of this Code or other statute of this State, dealing with practice and procedure in criminal actions in the Superior Court, shall be resolved in favor of such rule of court. 11 Del. C. 1953, §  5122;
11 DE Code § 5131. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 51. Superior Court|Subchapter III. Child Victims and Witnesses|§ 5131. Legislative intent.

§ 5131. Legislative intent. The General Assembly finds that it is necessary to provide child victims and witnesses with additional consideration and different treatment than that usually required for adults. It is therefore the intent of the General Assembly to provide each child who is involved in a criminal proceeding within the Superior Court with certain fundamental rights and protections. 65 Del. Laws, c. 158, §  1;