reglab/statecodes huggingface dataset:
2023 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;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 45. APPEAL; STAY OF EXECUTION; POSTCONVICTION REMEDY › § 4501. Formal defects and clerical errors.

§ 4501. Formal defects and clerical errors.
In a criminal case, judgment shall not be reversed for any clerical misprision or formal defect, if the record contains substantial ground for judgment.
The omission of the words “with force and arms” shall be deemed a defect in form merely.
Code 1852, §  2968;  Code 1915, §  4835;  Code 1935, §  5326;  11 Del. C. 1953, §  4501;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 45. APPEAL; STAY OF EXECUTION; POSTCONVICTION REMEDY › § 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 within 30 days from the date of final judgment in the court below, and unless the plaintiff in error obtains from the trial court (or, if the trial court refuses, then from 1 of the Justices of the Supreme Court) a certificate that there is reasonable ground to believe that there is error in the record which might require a reversal of the judgment below, or that the record presents an important question of substantive law which ought to be decided by the Supreme Court, and unless the plaintiff in error furnishes bond to the State, with surety to be approved and in an amount to be fixed by 1 of the Justices of the Supreme Court, conditioned as prescribed by rule of court. In cases where sentence of life imprisonment has been imposed, there shall be no stay of execution, and no supersedeas bond taken or allowed. In cases where sentence of death has been imposed, the trial court, if the certificate provided for in this section has been granted, may stay the execution of the death penalty pending the determination of the cause by the Supreme Court, but the defendant below shall not be released from custody.
Code 1915, §  4847B;  35 Del. Laws, c. 231;  Code 1935, §  5327;  11 Del. C. 1953, §  4502;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 45. APPEAL; STAY OF EXECUTION; POSTCONVICTION REMEDY › § 4503. Convictions before alderman or mayor; advising accused of right to trial by Court of Common Pleas.

§ 4503. Convictions before alderman or mayor; advising accused of right to trial by Court of Common Pleas.
(a) Excepting those cases in which the sentence for the conviction of a crime was imprisonment not exceeding 1 month, or a fine not exceeding $100, any person convicted before any alderman or mayor of any incorporated city or town in this State for the violation of any city or town ordinance may appeal from such conviction to the Court of Common Pleas of the county in which the person has been so convicted, upon giving bond to the State with surety satisfactory to the alderman or mayor before whom such person was convicted, binding the person taking the appeal to appear before the Court. Notice of such an appeal shall be given to such alderman or mayor within 15 days from the time of conviction, counting the date of conviction as 1, and the bond with surety shall be filed within 15 days. Such appeal shall be prosecuted and the proceedings therein shall be had as in an appeal from a conviction before a justice of the peace in the case of a violation of the laws relating to the operation of motor vehicles.
(b) In all criminal cases in all incorporated cities or towns where a mayor or alderman has jurisdiction to hear and determine the matter and the accused has the right to elect to have the case tried by the Court of Common Pleas, every mayor or alderman shall advise such accused of the right to so elect, before the mayor or alderman shall have jurisdiction to try the case.
46 Del. Laws, c. 107;  11 Del. C. 1953, §  4503;  58 Del. Laws, c. 62;  61 Del. Laws, c. 206, §  1;  69 Del. Laws, c. 423, §  15;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 45. APPEAL; STAY OF EXECUTION; POSTCONVICTION REMEDY › § 4504. Postconviction remedy.

§ 4504. Postconviction remedy.
(a) Except at a time when direct appellate review is available, and subject to the time limitations set forth in this subsection, a person convicted of a crime may file in the court that entered the judgment of conviction a motion requesting the performance of forensic DNA testing to demonstrate the person's actual innocence. Any such motion may not be filed more than 3 years after the judgment of conviction is final. The motion may be granted if:
(1) The testing is to be performed on evidence secured in relation to the trial which resulted in the conviction;
(2) The evidence was not previously subject to testing because the technology for testing was not available at the time of the trial;
(3) The movant presents a prima facie case that identity was an issue in the trial;
(4) The movant presents a prima facie case that the evidence to be tested has been subject to a chain of custody sufficient to establish that the evidence has not been substituted, tampered with, degraded, contaminated, altered or replaced in any material aspect;
(5) The requested testing has the scientific potential to produce new, noncumulative evidence materially relevant to the person's assertion of actual innocence; and
(6) The requested testing employs a scientific method which is generally accepted within the relevant scientific community, and which satisfies the pertinent Delaware Rules of Evidence concerning the admission of scientific testimony or evidence.
(b) Except at a time when direct appellate review is available, a person convicted of a crime who claims that DNA evidence not available at trial establishes the petitioner's actual innocence may commence a proceeding to secure relief by filing a motion for a new trial in the court that entered the judgment of conviction. The court may grant a new trial if the person establishes by clear and convincing evidence that no reasonable trier of fact, considering the evidence presented at trial, evidence that was available at trial but was not presented or was excluded, and the evidence obtained pursuant to subsection (a) of this section would have convicted the person.
(c) The court shall impose reasonable conditions on the testing designed to protect the state's interests in the integrity of the evidence and the testing process.
(d) Any motion filed pursuant to this section shall be served upon the State. The State shall have an absolute right to appeal to an appellate court any order granting a motion for a new trial pursuant to this section.
(e) The cost of DNA testing ordered under subsection (a) of this section shall be borne by the State or the applicant, as the court may order in the interests of justice, if it is shown that the applicant is not indigent and possesses the means to pay.
72 Del. Laws, c. 320, §  3;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 51. SUPERIOR COURT › Subchapter III. Child Victims and Witnesses › § 5132. Definitions.

§ 5132. Definitions.
The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) “Child” shall mean a person who has not yet reached their eighteenth birthday.
(2) “Victim” or “witness” shall not include any child accused of committing a felony; provided, however, that the word “victim” or “witness” may, in the Court's discretion, include:
a. A child where such child's participation in a felony appears to have been induced, coerced or unwilling; or
b. A child who has participated in the felony, but who has subsequently and voluntarily agreed to testify on behalf of the State.
65 Del. Laws, c. 158, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 51. SUPERIOR COURT › Subchapter III. Child Victims and Witnesses › § 5133. Expedited proceedings.

§ 5133. Expedited proceedings.
In all criminal proceedings in the Superior Court involving a child victim or witness, the Court and the prosecution shall take appropriate action to ensure a prompt trial in order to minimize the length of time a child victim or witness must endure the stress of the victim's or witness' involvement in the proceedings. In ruling on any motion or other request for a delay or continuance of proceedings, the Court shall consider and give weight to any adverse impact such delay or continuance might have on the well-being of any child victim or witness.
65 Del. Laws, c. 158, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 51. SUPERIOR COURT › Subchapter III. Child Victims and Witnesses › § 5134. Additional rights and services.

§ 5134. Additional rights and services.
(a) A child victim or witness is entitled to an explanation, in language understood by the child, of all legal proceedings in which the child is to be involved.
(b) A child victim or witness is entitled to be accompanied, in all proceedings, by a “friend” or other person in whom the child trusts, which person shall be permitted to advise the judge, when appropriate and as a friend of the Court, regarding the child's ability to understand proceedings and questions.
(c) A child victim or witness is entitled to information about, and referrals to, appropriate social services and programs to assist such child, and the child's family, in coping with the emotional impact of the crime, and the subsequent Court proceedings in which the child is to become involved.
65 Del. Laws, c. 158, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 53. COURT OF COMMON PLEAS › § 5301. General provisions.

§ 5301. General provisions.
(a) The accused shall have the right to trial by petit jury in all criminal cases except as otherwise provided by statute.
(b) The Court shall have the power to receive pleas of guilty from persons charged with misdemeanors and to impose sentence or probation according to law, as fully as is now done by the Superior Court.
(c) From any order, rule, decision, judgment or sentence of the Court in a criminal action, the accused shall have the right of appeal to the Superior Court in and for the county wherein the information was filed as provided in § 28, article IV of the Constitution of the State. Such appeal to the Superior Court shall be reviewed on the record and shall not be tried de novo.
11 Del. C. 1953, §  5301;  59 Del. Laws, c. 133, §  3;  69 Del. Laws, c. 421, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 53. COURT OF COMMON PLEAS › § 5302. Rules of criminal procedure.

§ 5302. Rules of criminal procedure.
The Judges of the Court, or a majority of them, 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 Court from inception to termination.
11 Del. C. 1953, §  5302;  59 Del. Laws, c. 133, §  3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 53. COURT OF COMMON PLEAS › § 5303. Election by accused to have case tried by Court when proceeding brought before justice of the peace.

§ 5303. Election by accused to have case tried by Court when proceeding brought before justice of the peace.
The accused in all criminal cases in which there is a possibility that a period of incarceration may be imposed or the maximum fine is $100 or more where a justice of the peace or alderman or mayor of any incorporated city or town, except the City of Newark, in the county where the charge is brought has jurisdiction and power to hear and finally determine the matter, may elect at any time prior to day of trial to have the case tried by the Court. If an offense or criminal case within the exclusive jurisdiction of a justice of the peace or alderman or mayor of any incorporated city or town, except the City of Newark, is or may be joined properly with a criminal case or other offense that is within the jurisdiction of the Court and has been transferred upon the accused's election pursuant to this section, such criminal case shall be within the jurisdiction of the Court.
11 Del. C. 1953, §  5303;  59 Del. Laws, c. 133, §  3;  61 Del. Laws, c. 207, §  1;  63 Del. Laws, c. 398, §  1;  78 Del. Laws, c. 207, §§  1, 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 53. COURT OF COMMON PLEAS › § 5304. Contempt; issuance of process in aid of jurisdiction.

§ 5304. Contempt; issuance of process in aid of jurisdiction.
(a) The Court may punish contempt and may issue all process necessary for the exercise of its criminal jurisdiction, which process may be executed in any part of the State.
(b) The 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.
11 Del. C. 1953, §  5304;  59 Del. Laws, c. 133, §  3;  73 Del. Laws, c. 130, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 53. COURT OF COMMON PLEAS › § 5305. Bail and commitment upon election to trial by Court.

§ 5305. Bail and commitment upon election to trial by Court.
(a) In all those cases where, by § 5303 of this title, the accused may elect to be tried by the Court, if the accused elects to be tried by the Court, the justice of the peace shall hold such accused under sufficient bail for a hearing or for accused's appearance at the Court where the matter shall proceed as though originating in the Court by information filed.
(b) In default of bail, the person accused shall be committed to the custody of the Department of Correction to await the session of the Court.
11 Del. C. 1953, §  5305;  59 Del. Laws, c. 133, §  3;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 51, §  3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 53. COURT OF COMMON PLEAS › § 5306. Witness fees.

§ 5306. Witness fees.
(a) The witnesses attending the Court in criminal cases shall receive the same fees as in the Superior Court.
(b) In criminal cases witness fees shall be taxed as part of the costs of such proceeding.
11 Del. C. 1953, §  5306;  59 Del. Laws, c. 133, §  3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 53. COURT OF COMMON PLEAS › § 5307. Legal counsel for public officers and employees.

§ 5307. 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 represent such person at all stages, trial and appellate, until the final determination of the matter, unless the attorney is earlier released by such person or by the Court. In any action where the Court-appointed attorney has been appointed in the Court of Common Pleas, such attorney shall remain the Court-appointed attorney of said public official or employee even when the case is transferred for any reason to another court of this State. This section shall also apply to all federal courts within this State.
60 Del. Laws, c. 474, §  3;  60 Del. Laws, c. 676, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 53. COURT OF COMMON PLEAS › § 5308. Preliminary hearing.

§ 5308. Preliminary hearing.
A Court of Common Pleas Judge shall conduct a preliminary hearing in accordance with the rules of criminal procedure promulgated by the Court of Common Pleas.
61 Del. Laws, c. 348, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 59. JUSTICES OF THE PEACE › § 5901. Advising accused of right to trial by Court of Common Pleas.

§ 5901. Advising accused of right to trial by Court of Common Pleas.
In all criminal cases in all counties where a justice of the peace has jurisdiction to hear and determine the matter and the accused has the right to elect to have the case tried by the Court of Common Pleas, every justice of the peace shall advise such accused of the accused's right to so elect, before the justice shall have jurisdiction to try the case.
Code 1915, §  3763E;  29 Del. Laws, c. 250;  37 Del. Laws, c. 262, §§  17, 19, 20;  38 Del. Laws, c. 199, §§  1, 2;  40 Del. Laws, c. 235, §§  1, 2;  40 Del. Laws, c. 236;  Code 1935, §§  5811, 5839;  42 Del. Laws, c. 184;  46 Del. Laws, c. 176;  11 Del. C. 1953, §  5901;  50 Del. Laws, c. 58, §  1;  58 Del. Laws, c. 432;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 59. JUSTICES OF THE PEACE › § 5902. Assault; trial procedure.

§ 5902. Assault; trial procedure.
In every case of assault in which the defendant elects to be tried in the Justice of the Peace Court, the prosecution shall proceed consistent with the Justice of the Peace Court Criminal Rules.
Code 1852, §  2016;  Code 1915, §  3958;  Code 1935, §  4458;  11 Del. C. 1953, §  5905;  75 Del. Laws, c. 278, §  3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 59. JUSTICES OF THE PEACE › § 5903. Arrest upon complaint; escaped persons.

§ 5903. Arrest upon complaint; escaped persons.
Every justice of the peace shall cause to be arrested, on proper complaint, all persons found within the justice's county charged with any offense and all persons who, after committing any offense in such county, shall escape out of the same.
Code 1852, §  2035;  Code 1915, §  3976;  Code 1935, §  4476;  11 Del. C. 1953, §  5906;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 59. JUSTICES OF THE PEACE › § 5906. Examination of law-enforcement officer's warrant of arrest; form.

§ 5906. Examination of law-enforcement officer's warrant of arrest; form.
(a) When complaint is made in due form to a justice of the peace by a law-enforcement officer, alleging that an offense has been committed, the justice shall carefully examine the law-enforcement officer on oath or affirmation and if the justice considers there is probable ground for the accusation, the justice shall issue the law-enforcement officer a warrant.
(b) A warrant of arrest may be in the form prescribed by the Justice of the Peace Court Criminal Rules.
(c) The warrant shall ordinarily be directed to any law-enforcement officer in the county in which the alleged offense was committed, but in case of an emergency the warrant may be directed to any law-enforcement officer in the State.
(d) A copy of the complaint shall be attached to the warrant.
Code 1852, §§  2023-2025;  Code 1915, §  3968;  Code 1935, §  4468;  11 Del. C. 1953, §  5910;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 278, §§  4-6;  83 Del. Laws, c. 481, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 59. JUSTICES OF THE PEACE › § 5908. Execution of warrant of arrest.

§ 5908. Execution of warrant of arrest.
A warrant of arrest, issued by a justice of the peace in 1 county, may be executed in any county of the State. The constable or officer having it in hand may command aid as in the constable's or officer's own county.
Code 1852, §  2036;  Code 1915, §  3977;  Code 1935, §  4477;  11 Del. C. 1953, §  5912;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 59. JUSTICES OF THE PEACE › § 5909. Proceedings on arrest.

§ 5909. Proceedings on arrest.
(a) Upon the arrest of any person according to this chapter, the person arrested shall be brought before a Justice of the Peace Court in the county in which the offense was alleged to have occurred unless a Justice of the Peace Court in another county is closer to the place where the offense was alleged to have occurred, in which case the prosecution may be before said Court.
(b) The Justice of the Peace Court before which the person is brought shall try the case so far as to determine whether the defendant ought to be discharged, or bound for the defendant's appearance at court or held to answer finally before the Justice of the Peace Court. In which last case, the justice shall proceed to hear fully and to determine the case. But if the matter is not properly cognizable before the justice for final decision, the justice shall commit, or bind, the party for the party's appearance at the court having cognizance of the case.
Code 1852, §  2026;  Code 1915, §  3970;  Code 1935, §  4470;  11 Del. C. 1953, §  5913;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 342, §§  1, 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 59. JUSTICES OF THE PEACE › § 5910. Use of audiovisual devices.

§ 5910. Use of audiovisual devices.
Anything else in this or any other chapter or title notwithstanding, those proceedings specified by court rule may be conducted by audiovisual device. Audiovisual monitors shall be situated in the courtroom and at the location where the defendant is physically located so as to provide the public, the court and the defendant with a view of the proceedings. Such court proceedings may be conducted by a Justice of the Peace Court in the same or another county from that in which the defendant is physically located.
71 Del. Laws, c. 43, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 59. JUSTICES OF THE PEACE › § 5911. Procedure where probable ground for accusation is found.

§ 5911. Procedure where probable ground for accusation is found.
(a) If a justice of the peace considers there is probable ground for an accusation, the justice shall, in case of a capital crime, commit the accused for trial, and in any other case bind the accused, with sufficient surety, for the accused's appearance at such court having jurisdiction of the offense for the county where the offense is alleged to have been committed, and, if the accused does not give such surety, shall commit the accused for trial.
(b) The justice shall also bind material witnesses for their appearance, without surety, unless the justice believes the witness will not appear, and that the loss of the witness' testimony ought not to be risked. In which case, justice may require surety and may commit the witness if it is not given.
(c) Such binding of the accused and of the witnesses shall be as provided in Chapter 21 of this title.
Code 1852, §§  2030-2032;  Code 1915, §  3972;  Code 1935, §  4472;  11 Del. C. 1953, §  5915;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 278, §  7;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 59. JUSTICES OF THE PEACE › § 5912. Subpoenas and warrants in criminal cases; enforcement.

§ 5912. Subpoenas and warrants in criminal cases; enforcement.
Any justice of the peace, in the exercise of that justice's 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 the justice 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, §§  2033, 2034;  Code 1915, §§  3973, 3974;  Code 1935, §§  4473, 4474;  11 Del. C. 1953, §  5916;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 130, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 59. JUSTICES OF THE PEACE › § 5913. Endorsing names of witnesses on commitments and recognizances.

§ 5913. Endorsing names of witnesses on commitments and recognizances.
(a) Justices of the peace and other officers of this State, who give persons charged with the commission of any crime, preliminary hearings, shall endorse on the back of such commitments and recognizances, the names of state's witnesses, and their place of residence. The prothonotaries of the respective counties shall insert the place of residence of such witnesses after their names in the subpoenas.
(b) Whoever violates this section shall be fined not more than $10.
18 Del. Laws, c. 239;  Code 1915, §  3975;  Code 1935, §  4475;  11 Del. C. 1953, §  5917;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 59. JUSTICES OF THE PEACE › § 5914. Transcripts of docket entries.

§ 5914. Transcripts of docket entries.
(a) The Justice of the Peace Court, upon request and payment or tender of the legal fee, shall make and certify under seal a true transcript of all the docket entries in any cause before the court, or upon any record in the Court's possession, or if specially required, a full and true copy of all the records, entries, process and papers in or touching in such cause. Such transcript or copy shall be received in evidence in any court.
(b) Upon an appeal, a transcript shall be sufficient, unless a full copy be specially requested. Upon a certiorari, the Justice of the Peace Court shall make a full copy of the entire record and proceedings.
(c) Whoever, being authorized to prepare or issue a transcript or record of the proceedings, upon such request and payment or tender of the lawful fees:
(1) Refuses or neglects to perform the duty required by this section; or
(2) Falsely certifies any such transcript or full copy; or
(3) Uses any fraud, falsehood or deceit in making the same,
shall be fined not more than $100, and shall be liable to the party aggrieved in double damages.
(d) Any court reviewing the record on appeal or on application for a writ may, in a proper case, supported by affidavit, require the production of the original record.
Code 1852, §§  2053-2056;  Code 1915, §  3987;  Code 1935, §  4486;  11 Del. C. 1953, §  5918;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 278, §  8;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 59. JUSTICES OF THE PEACE › § 5918. Records of warrants and bonds.

§ 5918. Records of warrants and bonds.
All traffic and criminal warrants and bonds shall be retained of record in the Justice of the Peace Court that issued same. A justice of the peace shall certify transcripts of such records to be a true copy of the original.
27 Del. Laws, c. 275;  Code 1915, §  3963;  28 Del. Laws, c. 239;  34 Del. Laws, c. 218;  Code 1935, §  4463;  11 Del. C. 1953, §  5924;  59 Del. Laws, c. 315, §  1;  75 Del. Laws, c. 278, §  11;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 59. JUSTICES OF THE PEACE › § 5920. Appeals.

§ 5920. Appeals.
From any order, ruling, decision, judgment or sentence of the Court entered in a Justice of the Peace Court in a criminal action pursuant to this title in which the sentence shall be imprisonment exceeding 1 month or a fine exceeding $100, the accused shall have the right of appeal to the Court of Common Pleas in and for the county wherein the offense was committed. Such appeal to the Court of Common Pleas shall be tried de novo.
70 Del. Laws, c. 89, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 65. DEPARTMENT OF CORRECTION › Subchapter I. Purposes, Definitions and Powers › § 6501. Establishment.

§ 6501. Establishment.
There is established a Department of Correction. Said Department shall be a continuation of and successor to the State Board of Corrections existing prior to July 8, 1964.
11 Del. C. 1953, §  6504;  54 Del. Laws, c. 349, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 65. DEPARTMENT OF CORRECTION › Subchapter I. Purposes, Definitions and Powers › § 6502. Purposes and construction; custody of inmates.

§ 6502. Purposes and construction; custody of inmates.
(a) A Department of Correction is established to provide for the treatment, rehabilitation and restoration of offenders as useful, law-abiding citizens within the community. To achieve these purposes more effectively in a coordinated and united manner, the Department shall be completely responsible for the maintenance, supervision and administration of adult detention and correctional services and facilities of the State, which include institutional facilities and probation and parole services. These institutions and services shall be diversified in program, construction and staff to provide effectively and efficiently for the maximum study, care, custody, training and supervision and treatment of those persons committed to the institutional facilities or on probation or parole, so that they may be prepared for release, aftercare, discharge or supervision in the community. This chapter shall be liberally construed so as to effectuate its purposes.
(b) The Department shall accept custody of all persons committed to it by courts of competent jurisdiction. Persons committed to the custody of the Department shall not be released from custody except in accordance with this title or by order of a court of competent jurisdiction.
(c) Nothing in this title shall be construed to require the release of persons committed to the custody of the Department, nor shall anything in this title be construed as a limitation on the inmate population at any of the facilities maintained by the Department.
Nothing in any regulation promulgated by the Department shall be construed as a limitation on the inmate population at any of the facilities maintained by the Department.
(d) In the event that:
(1) The number of persons housed by the Department at any of its facilities exceeds the design capacity of that facility; and (2) because the inmate population at that facility exceeds the design capacity of that facility the Department is unable to provide conditions of confinement as may otherwise be required by this title or by the regulations promulgated by the Department, then the Department shall not be required to provide said conditions of confinement to the extent it is unable to do so because of the inmate population at that facility. The Commissioner shall determine the design capacity of each of the facilities maintained by the Department.
(e) For purposes of this section, the term “inmate population” shall include both convicted and pretrial detentioners.
11 Del. C. 1953, §  6501;  54 Del. Laws, c. 349, §  1;  62 Del. Laws, c. 61, §§  1, 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 65. DEPARTMENT OF CORRECTION › Subchapter I. Purposes, Definitions and Powers › § 6503. Definitions.

§ 6503. Definitions.
As used in this chapter:
(1) “Commissioner” or “Commissioner of Correction” means the Commissioner of the Department of Correction.
(2) “Department” means the Department of Correction. References in other statutes to the State Board of Corrections or Board of Trustees or workhouse or jail shall be deemed to mean the Department.
(3) “Law” includes the laws and ordinances of this State, political subdivisions and municipalities thereof.
(4) “Offender” includes any person convicted of a crime or offense as defined in § 101 of this title or the ordinances of any incorporated municipality of this State, including a person committed for civil or criminal contempt, except,
a. A person not yet 18 years old when adjudged by a Family or Juvenile Court of this State except when committed to the Department in accordance with law, and
b. A person who has been determined to be mentally ill or criminally inclined and has been committed to another appropriate authority.
11 Del. C. 1953, §  6502;  54 Del. Laws, c. 349, §  1;  57 Del. Laws, c. 591, §  47;  58 Del. Laws, c. 172, §  2;  60 Del. Laws, c. 251, §§  11-13;  64 Del. Laws, c. 108, §  15;  78 Del. Laws, c. 305, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 65. DEPARTMENT OF CORRECTION › Subchapter I. Purposes, Definitions and Powers › § 6504. General powers and duties of the Department.

§ 6504. General powers and duties of the Department.
The Department, subject only to powers vested in the judicial and certain executive departments and officers of the State, shall have the duties set forth in this chapter and the exclusive jurisdiction over the care, charge, custody, control, management, administration and supervision of:
(1) All offenders and persons under the custody of the Department;
(2) All institutions for the custody, correction and rehabilitation of persons committed to its care;
(3) Such other facilities as may be established by the Department for the safekeeping, correction or rehabilitation of offenders and persons;
(4) Probation services for courts having jurisdiction of offenders;
(5) Parole services for persons within the institutions and facilities of the Department or on parole;
(6) Furnishing the Board of Parole adequate office facilities and supplies to properly perform its duties;
(7) Providing consultation services and establishing standards on the design and construction of buildings, programs, administration of detention, jail or other facilities, operated by any county or municipality, and to provide a course of training for the personnel of same and establish standards for the same, with annual inspections, publishing the results of such inspections, as well as statistical and other data on persons held in the same;
(8) Operating classification committees, diagnostic and treatment programs and such other programs as may be desirable to fulfill the purposes of this chapter;
(9) Employing such officers, employees and agents and securing offices and quarters as deemed necessary to discharge the functions of the Department;
(10) Receiving all offenders committed to the Department;
(11) Executing the orders of the court as to sentences of corporal and capital punishment;
(12) Selling the products of its institutions and farms to other institutions supported in all or part by taxes levied within the State, prices to be set as provided by rules of the Department. All funds received from such sales shall be deposited in the General Fund. In the event that there is a surplus of the products of the Department's institutions and farms which cannot be sold to the other institutions supported in whole or part by taxes levied within the State, the Department may sell such surplus products on the open market. All funds received from such sales shall be deposited in the General Fund;
(13) To agree with the proper authorities of the United States for payment to the General Fund of the State of such sums as shall be fixed by the Department for the maintenance and support of offenders committed to the Department by authority of the United States.
(14) [Repealed.]
11 Del. C. 1953, §  6505;  54 Del. Laws, c. 349, §  1;  64 Del. Laws, c. 108, §  15;  66 Del. Laws, c. 233, §  1;  68 Del. Laws, c. 289, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 27, §  6;  78 Del. Laws, c. 305, §  2;  83 Del. Laws, c. 441, § 9;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 65. DEPARTMENT OF CORRECTION › Subchapter II. Commissioner of Correction › § 6516. Commissioner in charge.

§ 6516. Commissioner in charge.
The Commissioner shall assume full and active charge of the Department, its facilities and services, and is the chief executive and administrative officer of the Department.
11 Del. C. 1953, §  6516;  54 Del. Laws, c. 349, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 65. DEPARTMENT OF CORRECTION › Subchapter II. Commissioner of Correction › § 6517. Duties and responsibilities of the Commissioner.

§ 6517. Duties and responsibilities of the Commissioner.
The Commissioner shall carry out and provide for:
(1) Promulgating rules and regulations to carry out the Commissioner's duties and operate the Department;
(2) The organization, maintenance, control and operation of the Department;
(3) The custody, study, training, treatment, correction and rehabilitation of persons committed to the Department;
(4) Regulating the nature and limitations of authorized punishments for violations of the rules established for the government of any institution or facility under the jurisdiction of the Department, but corporal punishment shall not be inflicted therefor; providing by general rule for a merit system for reduction of confinement;
(5) The administration, supervision, operation, management and control of state correction institutions, farms or any other institution or facility under the jurisdiction of the Department;
(6) The management and control of institutional labor and industry;
(7) The operation of probation and parole field services;
(8) The employment of such officers, employees and agents as may be deemed necessary to discharge the functions of the Department, together with establishing their qualifications and the establishment of a merit system and training programs;
(9) Developing a suitable administrative structure providing for divisions, bureaus and services within the Department;
(10) Governing the transportation and transfer of offenders and persons between the various institutions and facilities under its jurisdiction or elsewhere as provided in this chapter, transfers to be made by issued orders, the reasons thereof to be made a matter of record, in each case. No female offender or person shall be transferred unless accompanied by at least 1 female officer or guard;
(11) Managing and supervising the Department and doing any and all things necessary to carry out and to fulfill the purposes of this chapter; and
(12) Administering the medical/treatment services contract, or appointing a designee to administer the medical/treatment contract.
11 Del. C. 1953, §  6517;  54 Del. Laws, c. 349, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 320, §  1;  78 Del. Laws, c. 305, §  7;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 65. DEPARTMENT OF CORRECTION › Subchapter III. Bureaus and Divisions of the Department › § 6520. Establishment of bureaus.

§ 6520. Establishment of bureaus.
There shall be within the Department the following bureaus:
(1) A Bureau of Administrative Services.
(2) A Bureau of Healthcare, Substance Abuse, and Mental Health Services.
(3) A Bureau of Prisons.
(4) A Bureau of Community Corrections.
(5) Such other bureaus, divisions, and subdivisions, with such personnel as the Commissioner shall deem desirable.
11 Del. C. 1953, §  6520;  54 Del. Laws, c. 349, §  1;  78 Del. Laws, c. 305, §  7;  83 Del. Laws, c. 34, § 1;