reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 42. CLASSIFICATION OF OFFENSES; SENTENCES › § 4215A. Sentence of greater punishment because of previous conviction under prior law or the laws of other jurisdictions.

§ 4215A. Sentence of greater punishment because of previous conviction under prior law or the laws of other jurisdictions.
(a) Notwithstanding any provision of law to the contrary, if a previous conviction for a specified offense would make the defendant liable to a punishment greater than that which may be imposed upon a person not so convicted, that previous conviction shall make the defendant liable to the greater punishment if that previous conviction was:
(1) For an offense specified in the laws of this State or for an offense which is the same as, or equivalent to, such offense as the same existed and was defined under the laws of this State existing at the time of such conviction; or
(2) For an offense specified in the laws of any other state, local jurisdiction, the United States, any territory of the United States, any federal or military reservation, or the District of Columbia which is the same as, or equivalent to, an offense specified in the laws of this State.
(b) This section shall apply to any offense or sentencing provision defined in this Code unless the statute defining such offense or sentencing provision or a statute directly related thereto expressly provides that this section is not applicable to such offense or sentencing provision.
74 Del. Laws, c. 62, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 42. CLASSIFICATION OF OFFENSES; SENTENCES › § 4216. Transition provisions.

§ 4216. Transition provisions.
(a) Where an inmate is serving a sentence to Level V (incarceration) imposed not under the Truth in Sentencing Act of 1989 and receives a subsequent sentence to Level V under the provisions of the Truth in Sentencing Act, serving of the earlier sentence shall be suspended and the inmate shall serve the new Level V sentence until it is completed and then resume serving the original sentence.
(b) Where an inmate is serving a “nonmandatory” Level V (incarceration) sentence and is subsequently sentenced to a mandatory term of incarceration, serving of the earlier sentence shall be suspended and the inmate shall serve the new mandatory Level V sentence until it is completed and then resume serving the earlier sentence.
(c) Where an inmate is serving Level V (incarceration) sentence or sentences imposed not under the Truth in Sentencing Act of 1989, and is subsequently sentenced to Level V under the provisions of the Truth in Sentencing Act and had less than an aggregate 3 years remaining on the prior sentence or sentences, the court at the time of sentencing under the Truth in Sentencing Act may in its discretion suspend the remainder of the prior non-Truth in Sentencing Level V sentence or sentences, unless such sentence was a statutory mandatory term.
(d) Any individual convicted of a crime on or after January 1, 1990, which crime occurred prior to June 30, 1990, may elect to be sentenced under the provisions of the Truth in Sentencing Act of 1989 rather than under the prior provisions of this title.
67 Del. Laws, c. 130, §  14;  67 Del. Laws, c. 350, §§  3, 28;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 42. CLASSIFICATION OF OFFENSES; SENTENCES › § 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 into the program.
(b) The Board of Parole or any Court of competent jurisdiction may request and recommend, as part of conditions of release or the sentence of any person convicted under § 4177(a) of Title 21 for a first offense where the first offender election is not available, or for a subsequent offense involving a blood alcohol content of .20 or higher, a period of continuous remote alcohol monitoring not to exceed 90 days for a first offense and 120 days for a second offense.
(c) Any inmate incarcerated for violations of § 4177 of Title 21 and selected for participation in the program shall be released on Level IV status, subject to the conditions of the program, and those conditions imposed by the sentencing judge. The remainder of the participant's sentence of incarceration shall be suspended upon completion of the program requirements. Participants failing to satisfactorily complete the program shall be returned to the Board of Parole or the sentencing authority for resentencing.
(d) Any offender considered for participation must agree to adhere to the conditions established for participation before being accepted into the program.
(e) The Department of Correction shall report annually on the use of the program, and its effectiveness as a supervision mechanism.
75 Del. Laws, c. 143, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 381, §§  1, 2;  76 Del. Laws, c. 134, §  1;  76 Del. Laws, c. 366, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 42. CLASSIFICATION OF OFFENSES; SENTENCES › § 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 other person for a crime or offense specified in this Code, in the laws of the United States, or any other state or territory of the United States.
(b) Upon good cause shown, any motion made pursuant to subsection (a) of this section may be filed and heard in camera.
(c) The provisions of § 4204(d) or § 4217 of this title, any court rule or any other provision of law to the contrary notwithstanding, a judge of the court that is imposing or that has imposed a sentence, upon hearing a motion filed pursuant to subsection (a) of this section, may modify, reduce or suspend that sentence, including any minimum or mandatory sentence, or a portion thereof, if the court finds that the person rendered such substantial assistance.
77 Del. Laws, c. 46, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 42. CLASSIFICATION OF OFFENSES; SENTENCES › § 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, or by stipulation of the State, that the person to be sentenced suffers from a serious physical illness, injury or infirmity with continuing treatment needs which make incarceration inappropriate and that such person does not constitute a substantial risk to the community.
77 Del. Laws, c. 304, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 43. SENTENCING, PROBATION, PAROLE AND PARDONS › Subchapter I. Purposes, Construction and Definitions › § 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 own welfare, such person shall be dealt with, at restricted liberty in the community, by a uniformly organized system of constructive rehabilitation, under probation or parole supervision instead of in a correctional institution.
11 Del. C. 1953, §  4301;  54 Del. Laws, c. 349, §  7;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 43. SENTENCING, PROBATION, PAROLE AND PARDONS › Subchapter III. Probation and Sentencing Procedures › § 4332. Conditions of probation or suspension of sentence; house arrest for offenders.

§ 4332. Conditions of probation or suspension of sentence; house arrest for offenders.
(a) The Department may adopt standards concerning the conditions of probation or suspension of sentence which the court may use in a given case. The standard conditions shall apply in the absence of any other specific or inconsistent conditions imposed by the court. The presentence report may recommend conditions to be imposed by the court. Nothing in this chapter shall limit the authority of the court to impose or modify any general or specific conditions of probation or suspension of sentence. The Department may recommend and, by order, the court may impose and may at any time order modification of any conditions of probation or suspension of sentence. Before any conditions are modified, a report by the Department shall be presented to and considered by the court. The court shall cause a copy of any order to be delivered to the Department and to the probationer.
(b) The Department may adopt standards governing any program of house arrest for offenders. The presentence report may recommend conditions to be imposed by the court. In addition to any conditions imposed by the Department or by the court, each program involving house arrest for offenders, regardless of the official or unofficial name of the program, shall include a reasonable monthly payment by each offender participating in the program, clear and consistent sanctions when a participant in the program violates any of the conditions, and the ownership or leasing of all equipment by the Department of Correction.
(c) The Department is authorized to use offender electronic monitoring systems and any new or emerging offender monitoring technology that will assist in the supervision of offenders placed on house arrest.
(d) The Department is authorized to supervise offenders on house arrest without the use of any specific electronic equipment, so long as sufficient and reasonable methods for ensuring compliance with the terms of house arrest are employed.
11 Del. C. 1953, §  4333;  54 Del. Laws, c. 349, §  7;  66 Del. Laws, c. 29, §  1;  76 Del. Laws, c. 399, §  1;  83 Del. Laws, c. 35, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 43. SENTENCING, PROBATION, PAROLE AND PARDONS › Subchapter III. Probation and Sentencing Procedures › § 4332A. Imposition of community service.

§ 4332A. Imposition of community service.
(a) A court may impose a period of community service, as defined in this chapter, either as a condition of probation or as the sole sanction imposed at sentencing.
(b) The specified number of hours of community service shall be fixed by the court, but in no case shall the total number of hours imposed exceed the maximum term of incarceration provided by law for the instant offense. In cases where no incarceration is provided by law, the number of hours of community service fixed by the court shall not exceed 100.
(c) In the event that community service is imposed by the court as a condition of probation, noncompliance with the community service order shall constitute a violation of the conditions of probation.
(d) In the event that community service is imposed as the sole sanction by the court, noncompliance with the community service order shall constitute criminal contempt.
(e) The Department shall, by the promulgation of regulations or other appropriate standards, administer and enforce the terms of all court orders involving the imposition of community service.
67 Del. Laws, c. 316, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 43. SENTENCING, PROBATION, PAROLE AND PARDONS › Subchapter IV. Parole › § 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 member shall be from the City of Wilmington. Appointed members may include, but not be limited to, those who have a demonstrated interest in correctional treatment, social welfare, or victim advocacy.
(b) The Chairperson shall be paid a salary which shall be fixed by the Governor.
(c) The Chairperson shall be experienced in the area or areas of probation, parole and/or other related areas of corrections.
(d) The Chairperson shall serve at the pleasure of the Governor, and all other members shall serve a 4-year term, provided that no more than 1 member's term shall expire annually. The Governor may appoint members for terms of less than 4 years to ensure that the Board members' terms expire on a staggered basis. A member shall hold office until a successor has been appointed and qualified.
(e) The Governor may remove a member of the Board only for disability, inefficiency, neglect of duty or malfeasance in office. A member may be deemed in neglect of duty if he or she is absent from 3 consecutive Board meetings without adequate reason or if they attend less than 50% of Board meetings in a calendar year. Before such removal the Governor shall give the member a written copy of the charges against such member and shall fix the time when such member can be heard in such member's defense, which shall not be less than 10 days thereafter.
11 Del. C. 1953, §  4341;  54 Del. Laws, c. 349, §  7;  57 Del. Laws, c. 597, §  1;  59 Del. Laws, c. 172, §§  1, 2;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 299, §  1;  79 Del. Laws, c. 366, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 43. SENTENCING, PROBATION, PAROLE AND PARDONS › Subchapter IV. Parole › § 4342. Adequate quarters; personnel; seal.

§ 4342. Adequate quarters; personnel; seal.
(a) The Board shall obtain and maintain suitable and adequate quarters and shall employ those persons necessary to carry out its functions. For administrative and budgetary purposes, the Board shall be placed within the Criminal Justice Council. Fiscal oversight shall be provided by the Criminal Justice Council as determined by the Executive Director of the Criminal Justice Council.
(b) The Board shall adopt an official seal of which the courts shall take judicial notice.
11 Del. C. 1953, §  4342;  54 Del. Laws, c. 349, §  7;  57 Del. Laws, c. 591, §  52;  57 Del. Laws, c. 597, §  2;  79 Del. Laws, c. 366, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 43. SENTENCING, PROBATION, PAROLE AND PARDONS › Subchapter IV. Parole › § 4343. Duties.

§ 4343. Duties.
The Board shall:
(1) Be the paroling authority for the State;
(2) Establish rules and regulations for the conduct of its own proceedings, and rules of procedure for the effective enforcement of this chapter. Copies of said rules and regulations shall be published and may be obtained upon request;
(3) Determine the salary of any employee within the total appropriation in addition to proper expenses;
(4) Meet at least once a month, for the transaction of business, and a sufficient other number of times as shall be necessary adequately to perform its duties under this chapter;
(5) Keep a record of its acts and notify each applicant for parole, and the Department of its decisions;
(6) Consult with the Department in the formulation and establishment of policies and procedures, fully to carry out the objectives of parole and correctional treatment in the best interests of the public;
(7) Cooperate with the Department in preparing the annual report of the Board to be submitted to the Governor and make available and submit to the Department all statistical and other data of its work and compilation and analysis of dispositions as it shall require. The Board may make a separate statement or include such statement in the report of the Department to the Governor;
(8) Act as advisory board to the Board of Pardons. When a person in legal custody of the Department of Correction applies to the Board of Pardons for recommendation for a pardon or commutation of sentence, the Parole Board, upon request, shall furnish to each member of the Board of Pardons and to the Governor a report of the record of such person, which shall include its opinion as to the state of rehabilitation of such person.
11 Del. C. 1953, §  4343;  54 Del. Laws, c. 349, §  7;  57 Del. Laws, c. 597, §  3;  60 Del. Laws, c. 251, §  10;  78 Del. Laws, c. 305, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 43. SENTENCING, PROBATION, PAROLE AND PARDONS › Subchapter IV. Parole › § 4344. Compensation and expenses.

§ 4344. Compensation and expenses.
(a) Each member of the Board except the Chairperson shall receive $300 per day, for services when attending a meeting of the Board. The meetings of the Board shall not exceed 50 in any year; however, the Governor may, in the Governor's discretion, give written authorization to the Board to hold as many meetings in excess of 50 in any year as the business of the Board may require.
(b) In addition, each member shall receive mileage incurred attending such meetings and performing such duties.
11 Del. C. 1953, §  4344;  54 Del. Laws, c. 349, §  7;  57 Del. Laws, c. 597, §  4;  58 Del. Laws, c. 145;  59 Del. Laws, c. 172, §  3;  62 Del. Laws, c. 68, §  138;  62 Del. Laws, c. 86, §  40;  65 Del. Laws, c. 348, §  89;  69 Del. Laws, c. 459, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 329, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 43. SENTENCING, PROBATION, PAROLE AND PARDONS › Subchapter IV. Parole › § 4345. Information on applications for parole and review to be provided by Chairperson.

§ 4345. Information on applications for parole and review to be provided by Chairperson.
At least 14 days before any meeting of the Board, the Chairperson shall provide all the members of the Board with copies of all pertinent information and materials at the Chairperson's disposal concerning all applications for parole coming before the Board at that meeting, or concerning any reviews which shall be undertaken at that meeting.
11 Del. C. 1953, §  4345;  57 Del. Laws, c. 597, §  5;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 43. SENTENCING, PROBATION, PAROLE AND PARDONS › Subchapter IV. Parole › § 4346. Eligibility for parole.

§ 4346. Eligibility for parole.
(a) A person confined to any correctional facility administered by the Department may be released on parole by the Board if the person has served 1/3 of the term imposed by the court, such term to be reduced by such merit and good behavior credits as have been earned, or 120 days, whichever is greater. For the purpose of this subchapter, “court” shall include any court committing an offender to the Department.
(b) Consistent with law, the Board, upon written recommendation of the court which imposed the sentence, or the Department, may reduce the minimum term of eligibility when the Board is satisfied that the best interest of the public and the welfare of the person will be served by such reduction. Such reduction in the minimum term of eligibility for parole shall be by order of the Board stating the specific date when said person shall become eligible for parole; but such reduction of the minimum term of eligibility for parole shall have no effect on the maximum limits of the sentence. The order of reduction by the Board shall be made in open hearing.
(c) The Board shall have authority to act where the maximum term has been commuted by the Governor. For all purposes of this section, a person sentenced to imprisonment for life shall be considered as having been sentenced to a fixed term of 45 years.
(d) Consistent with law, the Board may adopt such other rules as it deems proper or necessary with respect to the eligibility of persons for parole, the conduct of parole hearings or conditions to be imposed upon parolees.
(e) Whenever the physical or mental condition of any person confined in any institution demands treatment which the Department cannot furnish, the Department may, if such action seems necessary for the well-being of such person, recommend the case be considered by the Board of Parole at a regular or special meeting. When such case is so considered, the Board of Parole, if satisfied that removal from the institution is necessary for the well-being of such person, may order the release of such person on parole without regard to the time already served by such person. The Board of Parole shall parole in such case only when arrangements have been made for the treatment of the person in some institution. The Board of Parole may impose any conditions of parole in such case, may revoke such parole without hearing at any time and for any cause, and order the return of the person to the Department.
11 Del. C. 1953, §  4346;  54 Del. Laws, c. 349, §  7;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 43. SENTENCING, PROBATION, PAROLE AND PARDONS › Subchapter IV. Parole › § 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 terms for which the person is sentenced. A person may waive the right to conditional release, in which case the person shall serve the remainder of the term or terms in prison. Such waiver shall be in writing.
11 Del. C. 1953, §  4348;  54 Del. Laws, c. 349, §  7;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 392, §  7;  79 Del. Laws, c. 187, §  3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 43. SENTENCING, PROBATION, PAROLE AND PARDONS › Subchapter IV. Parole › § 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 concerning the conduct and character of any person in the custody of the Department, the institutional plan of treatment for such person or any other facts deemed by the Board pertinent in determining whether the person shall be paroled. The Department shall furnish to the Board such reports as the Board shall require concerning casework performed in the community with relatives or others connected with the person, investigations of parole plans or other reports or facts deemed by the Board pertinent in determining whether or not the person shall be paroled. All police agencies of this State, upon request, shall furnish the Board with any information at their disposal in regard to any person to be considered for parole.
11 Del. C. 1953, §  4349;  54 Del. Laws, c. 349, §  7;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 43. SENTENCING, PROBATION, PAROLE AND PARDONS › Subchapter IV. Parole › § 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;
(2) Restrict the number of individuals allowed to attend parole hearings in accordance with physical limitations or security requirements of the hearing facilities; and
(3) Deny admission or continued attendance to individuals who threaten or present a danger to the attendees or participants or who disrupt the hearing.
The Board shall also accept written statements.
(b) The Board may take formal action to close their proceedings upon a majority vote of members present for the following reasons:
(1) To protect ongoing law-enforcement investigations, upon written request of the attorney general or law-enforcement agency;
(2) To deliberate upon oral or written arguments received;
(3) To provide opportunity for applicants to challenge confidential information which they believe is detrimental to their applications; or
(4) At the request of the victim or, in the case of first-degree murder, the immediate family of the victim.
(c) The Department of Correction may appear personally before the Board to advise and be heard by the Board with respect to any application for parole being considered.
(d) When the Board is hearing an application for parole made by an offender, the victim or immediate family of the victim of such crime or their duly appointed representatives may make oral statements or arguments before the Board with respect to the application for parole being considered. Victims or their representatives shall have priority in making statements before the Board.
(e) As used in this section, the phrase “immediate family” shall mean widow, widower, parents, children, brothers and sisters of the victim.
11 Del. C. 1953, §  4350;  54 Del. Laws, c. 349, §  7;  60 Del. Laws, c. 64, §  1;  70 Del. Laws, c. 168, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 43. SENTENCING, PROBATION, PAROLE AND PARDONS › Subchapter IV. Parole › § 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 be served by Department employees or by any person authorized to serve subpoenas by the Rules of Civil Procedure of the Superior Court and shall be served and returned as provided by said Rules. The fees of witnesses shall be the same as allowed in the Superior Court and shall be paid by the State Treasurer from any moneys in the Treasury of the State not otherwise appropriated, upon a warrant signed by a member of the Board and its Secretary. Any person who testifies falsely or fails to appear when subpoenaed, or refuses to produce such material pursuant to the subpoena, shall be subject to the same orders and penalties to which a person before said Court is subject. The Superior Court, upon application of the Board, may in its discretion compel the attendance of witnesses, the production of such material and the giving of testimony before the Board, by an attachment for contempt or otherwise in the same manner as production of evidence may be compelled before such Superior Court.
11 Del. C. 1953, §  4351;  54 Del. Laws, c. 349, §  7;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 43. SENTENCING, PROBATION, PAROLE AND PARDONS › Subchapter IV. Parole › § 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 health evaluation of such person. The Parole Board, in its discretion, may request mental health evaluations on persons convicted and imprisoned for any offense not enumerated above.
(b) The Department of Correction shall ensure that mental health evaluations required by subsection (a) of this section are available to the Parole Board at the time of the hearing in those cases wherein a favorable recommendation is made by the Department to the Board.
In cases wherein a favorable recommendation is not made by the Department but the Parole Board has determined that the person is otherwise suitable for release on parole, the Parole Board must request a mental health evaluation, pursuant to this section.
(c) The Parole Board may consider any mental health evaluation conducted within 12 months prior to the person's parole hearing in lieu of requesting a new mental health evaluation. However, for persons convicted and imprisoned for any of the offenses listed in subsection (a) of this section, the Parole Board may determine that it requires additional information. In such case as additional information is required, no person shall be released from incarceration until such additional information has been considered by the Parole Board.
(d) Mental health evaluations conducted pursuant to this section will be administered by a person with professional education and training. The mental health evaluation to the Parole Board shall consist of:
(1) Background information or historical information about the person's mental health;
(2) Information about the person's functioning in the prison or institutional setting;
(3) A description of the person's current mental health; and
(4) A summary with a prognosis of expected behavior if the person were paroled, including any specific recommendations for mental health care.
(e) Any mental health evaluations prepared pursuant to this section will be provided to each member of the Parole Board for their consideration in determining whether the person should be released from prison.
(f) Nothing in this section shall preclude the parole of a person for treatment to another institution because of a physical or mental condition, as provided in § 4346 of this title.
11 Del. C. 1953, §  4353;  57 Del. Laws, c. 596, §  1;  66 Del. Laws, c. 269, §  9;  67 Del. Laws, c. 315, §  1;  68 Del. Laws, c. 372, §  1;  69 Del. Laws, c. 336, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 43. SENTENCING, PROBATION, PAROLE AND PARDONS › Subchapter IV. Parole › § 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;  80 Del. Laws, c. 120, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 43. SENTENCING, PROBATION, PAROLE AND PARDONS › Subchapter V. Interstate Compact For The Supervision Of Adult Offenders › § 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 Del. C. 1953, §  4359;  54 Del. Laws, c. 349, §  7;  74 Del. Laws, c. 91, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 43. SENTENCING, PROBATION, PAROLE AND PARDONS › Subchapter V. Interstate Compact For The Supervision Of Adult Offenders › § 4359A. State Council for Interstate Adult Offender Supervision.

§ 4359A. State Council for Interstate Adult Offender Supervision.
(a) The State Council for Interstate Adult Offender Supervision is hereby established and shall consist of 7 members as follows:
(1) The Commissioner of Correction, or the Commissioner's designee.
(2) The Director of Probation and Parole, or the Director's designee.
(3) A member of the Delaware Senate appointed by the President Pro Tempore of the Senate to serve at the pleasure of the President Pro Tempore.
(4) A member of the Delaware House of Representatives appointed by the Speaker of the House to serve at the pleasure of the Speaker of the House.
(5) A member of the state judiciary appointed by the Chief Justice of the Delaware Supreme Court to serve at the pleasure of the Chief Justice.
(6) Two members appointed by the Governor who shall serve at the pleasure of the Governor. At least 1 of these appointments must be a representative of a victims' assistance or advocacy organization.
(b) By majority vote of the members, the State Council for Interstate Adult Offender Supervision shall select a chairperson who shall serve as the Compact Commissioner and Administrator to the Interstate Commission for Adult Offender Supervision.
(c) The State Council shall exercise oversight and advocacy concerning the State's participation in Interstate Commission activities and other duties including, but not limited to, the development of policy concerning operations and procedures of the Compact within the State.
(d) The State Council shall meet at least twice each year.
77 Del. Laws, c. 178, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 43. SENTENCING, PROBATION, PAROLE AND PARDONS › Subchapter VI. Clemency › § 4363. Request for advice from Board of Parole.

§ 4363. Request for advice from Board of Parole.
Whenever the Board of Pardons receives an application for recommendation of pardon or commutation of sentence from a person who is in legal custody of the Department of Correction, the Board shall request from the Board of Parole a report summarizing the complete record of such person, which shall include an opinion as to the state of rehabilitation of such person. The report shall be furnished by the Parole Board as provided in § 4343(8) of this title.
11 Del. C. 1953, §  4363;  57 Del. Laws, c. 595, §  1;  80 Del. Laws, c. 51, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 43. SENTENCING, PROBATION, PAROLE AND PARDONS › Subchapter VI. Clemency › § 4364. Effect of pardon; restoration of civil rights.

§ 4364. Effect of pardon; restoration of civil rights.
Except as otherwise provided by the Delaware Constitution, or expressly by any provision of the Delaware Code or any court rule, the granting of an unconditional pardon by the Governor shall have the effect of fully restoring all civil rights to the person pardoned. Such civil rights include, but are not limited to, the right to vote, the right to serve on a jury if selected, the right to purchase or possess deadly weapons and the right to seek and hold public office provided however, that this section shall not limit or affect the Governor's authority to place lawful conditions upon the granting of a pardon. Notwithstanding the granting of a pardon or any provision of this section, no person who shall be convicted of embezzlement of the public money, bribery, perjury or other infamous crime, shall be eligible to a seat in either House of the General Assembly, or capable of holding any office of trust, honor or profit under this State.
74 Del. Laws, c. 156, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 43. SENTENCING, PROBATION, PAROLE AND PARDONS › Subchapter VII. Expungement of Criminal Records › § 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, c. 317, §  2;  82 Del. Laws, c. 83, § 1;
2023 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;
2023 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;
2023 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;
2023 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 felony 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 has been found guilty of a Class-I disciplinary violation may, under the rules and procedures of the Department, forfeit all or part of that person's accrued good time. 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;  83 Del. Laws, c. 467, § 1;
2023 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;
2023 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;
2023 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;
2023 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;