Sentencing, Probation, Parole and Pardons

Del. Code tit. 11, ch. 43
in effect

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 4302 Definitions.

As used in this chapter: (1) “Board of Pardons” means that Board as established by the Constitution and laws. (2) “Commissioner” or “Commissioner of the Department” means Commissioner of the Department of Correction. (3) “Community service” means the performance of work or service for a nonprofit or other tax-supported entity by an offender without pay for a specified period of time. Such service is intended as a symbolic form of restitution meant to serve as an appropriate means of punishment and rehabilitation of the offender and as a means of addressing the community’s need to be made whole. (4) “Conditional release” means the release of an offender from incarceration to the community by reason of diminution of the period of confinement through merit and good behavior credits. A person so released shall be known as a releasee. (5) “Court” means Superior Court, Family Court, Court of Common Pleas, or Justices of the Peace Courts. (6) “Criminogenic needs” means the dynamic factors or conditions that, when addressed in an individualized manner with evidence-based interventions, can significantly reduce the likelihood of recidivism. (7) “Department” means the Department of Correction. (8) “Goals of supervision” means deterrence of criminal conduct, protection of the community, protection of victims, and rehabilitation of the individual on probation. (9) “Judge” means any judge of any court as herein defined. (10) “Law” means the laws of this State, including any ordinance of any subdivision or municipality. (11) “Merit and good behavior credits” means that diminution of the period of confinement, as provided by law, by reason of industrious and cooperative conduct. (12) “Offender” means any person who has been brought within the jurisdiction of the Superior Court, Family Court, or Court of Common Pleas or within the scope of duties of the Board of Parole or the Board of Pardons. (13) “Parole” means the release by the Parole Board of an offender from incarceration to the community prior to the expiration of the offender’s term, subject to the supervision and guidance of the Department. A person placed upon parole shall be known as a parolee. (14) “Parole Board” means the duly established Board of Parole as the paroling authority of the State. (15) “Presentence investigation” means the procedure by which the court, subsequent to conviction but prior to sentencing, obtains information concerning the offender sufficient to evaluate the offender’s conduct and to determine the offender’s potentialities for rehabilitation, with appropriate recommendations for judicial disposition. Said presentence investigation shall be embodied in a written report. (16) “Probation” means the sentencing without imprisonment of an offender by judgment of the court following establishment of guilt, subject to the conditions imposed by the court, including the supervision and guidance of the Department’s field services. A person placed upon probation or under suspended sentence under supervision shall be known as a probationer. (17) “Probation and parole officer” means an employee of the Department with the qualifications, and having powers and responsibilities pertaining to investigation, supervision and otherwise, provided by law or determined by the Department within the scope of this chapter.

Del. Code tit. 11, § 4321 Probation and parole officers.

(a) The Department and its probation and parole officers shall conduct such preparole investigations or perform such other duties under this chapter as may be ordered by the court, Parole Board or Department; provided, however, that all presentence investigations and reports for the Superior Court and the Court of Common Pleas shall be prepared as provided in § 4335 of this title. (b) (1) The Department shall furnish to each person released under the supervision of the Department a written statement of the conditions of the person’s probation or parole and shall instruct the person regarding these conditions. (2) The officers, under the supervision of the Department, shall evaluate each person in their charge under Supervision Accountability Level II, III or IV, using an objective risk and needs assessment instrument and shall create a case plan for those persons assessed to be moderate- to high-risk that targets the need factors identified by the assessment. The Department shall make efforts to provide treatment and services responsive to the person’s needs and characteristics. Use of the objective risk assessment instrument and associated case plans shall commence by December 31, 2013. (3) The officers shall keep informed of the conduct and condition of persons in their charge, shall aid them to secure employment, shall exercise supervision over them, shall see that they are in compliance with and fulfill the conditions of their release and shall use all suitable methods to aid and encourage them to bring about improvement in their conduct and conditions and to meet their probation or parole obligations. (4) a. A special condition of supervision may be set by orders of the court, Board of Parole or the probation and parole officer acting under the authority of the court or Board of Parole. b. Special conditions of supervision imposed or suspended by the probation and parole officer shall be in accordance with Department procedures and may be enforced or suspended in the interim period of final review by the court or Board of Parole. c. Unless the offense for which the person is sentenced mandates specific conditions, the probation and parole officer shall use the least restrictive special conditions necessary to achieve the goals of supervision. (c) The officer shall keep detailed records of their work, shall assist in the collection and dispersal of all moneys in accordance with the orders of the court and Department and shall make such reports in writing and perform such other duties which the rules and regulations of the Department require, or which the court, the Board of Parole or the Commissioner may require. (d) Probation and parole officers shall exercise the same powers as constables under the laws of this State and may conduct searches of individuals under probation and parole supervision in accordance with Department procedures while in the performance of the lawful duties of their employment and shall execute lawful orders, warrants and other process as directed to the officer by any court, judge or Board of Parole of this State; however, a probation and parole officer shall only have such power and duties if the officer participates in and/or meets the minimum requirements of such training and education deemed necessary by the Department and Board of Examiners. (e) Probation and parole officers may be tasked to participate in joint operations with federal authorities while in the performance of the lawful duties of their employment. Any contraband, property and/or money seized in the course of such joint operations shall be apportioned in accordance with federal distribution guidelines. Any distribution to probation and parole shall become the property of the Department of Correction, Bureau of Community Corrections. Any proceeds from the disposal of such property shall be used for the purchase of security equipment and technology necessary for the support of the employees of the Bureau. (f) Specialized juvenile probation and parole officers, assigned to the Division of Youth Rehabilitative Services and as designated and sworn by the Secretary of the Department of Services for Children, Youth and Their Families, shall exercise the same powers as constables exercise under the laws of this State, and may conduct searches of individuals under the supervision of the Department of Services for Children, Youth and Their Families’ Division of Youth Rehabilitative Services in accordance with agency procedure, while in the performance of the lawful duties of their employment, and shall execute lawful orders, warrants and other process as directed to such officer by any court or judge; however, a specialized juvenile probation and parole officer shall have such above-enumerated powers and duties only if the officer has met the minimum requirements of training and education deemed necessary by the Department of Services for Children, Youth and Their Families. (g) The Department shall undertake an assessment of the availability of community resources to meet the treatment and rehabilitation needs of the supervised population every 3 years and endeavor to develop and support programs in accordance with identified needs. The first 3-year report shall be completed by December 31, 2013. (h) The Department shall devise and adopt a body-worn camera policy that shall meet or exceed the standards established by the Police Officer Standards and Training Commission by regulation.

Del. Code tit. 11, § 4322 Protection of records.

(a) (1) Except as provided under paragraph (a)(2) of this section, the presentence report, the preparole report, the supervision history, and all other case records obtained in the discharge of official duty by any member or employee of the Department shall be privileged and shall only be disclosed to the courts, the Board of Parole, the Board of Pardons, the Attorney General and the Deputies Attorney General, or others entitled by this chapter to receive this information. The court or Board of Pardons may permit the inspection of the report or other information or parts of the report or other information by the individual who is the subject of the report or other information or the individual’s attorney or other persons who in the judgment of the court or Board of Pardons have a proper interest in the report or other information, whenever the best interest of this State or welfare of the individual who is the subject of the report or other information or other person makes the action desirable or helpful. (2) A presentence report prepared for the Superior Court or the Court of Common Pleas is under the control of the court for which the report is prepared. (b) (1) The Commissioner or the Commissioner’s designees may receive and use, for the purpose of aiding in the treatment of rehabilitation of an individual, the preparole report, the supervision history, and other Department of Correction case records, provided that the information or reports remain privileged for any other purpose. (2) This subsection does not apply to the presentence reports of the Superior Court and the Court of Common Pleas which reports shall remain under the control of such Courts. (c) An individual incarcerated in a correctional facility may not be provided a copy of the Department of Correction Policy and Procedures Manuals, the Bureau of Prisons Policy and Procedures Manuals, the Department of Correction Facilities Operational Procedures, Administrative Regulations, or Post Orders that could jeopardize the safety or security of a correctional facility, corrections staff, individuals incarcerated in a correctional facility, or the public. (d) A Department of Correction policy or procedure which, in the judgement of the Commissioner, contains information that could jeopardize the safety or security of a correctional facility, corrections staff, individuals incarcerated in a correctional facility, or the public shall be confidential and subject to disclosure only upon written authority of the Commissioner. For purposes of this subsection, “Department of Correction policy or procedure” includes any policy, procedure, post order, facility operational procedure, or administrative regulation adopted by a bureau, facility, or division of the Department. (e) The Department of Services for Children, Youth and Their Families may receive and use, for the purposes of investigating child abuse, neglect and dependency, providing services to prevent further child abuse, neglect and dependency or in aiding in reunification of families, information contained in Department records concerning offenders, providing that such information or reports remain privileged for any other purpose. This information may contain, but is not limited to, information concerning program participation in level IV and level V institutions, special conditions of probation or parole, compliance with those conditions and general supervision in the community. (f) Any subpoena issued for any record of the Department of Correction, or for any record of its employees maintained in the course of their duties, shall comply with the following procedure: (1) The subpoena shall be issued at least 30 days in advance of the date on which production of the records is due. (2) A copy of the subpoena shall be served on the State Solicitor. Any subpoena issued without compliance with the requirements of this section shall be deemed void ab initio. Any such subpoena shall be reasonably limited in quantity with regard to the purpose for production and the issuer of the subpoena shall tender payment for the cost of the photocopying as established by the Department. (g) Any subpoena issued for any record of the Department of Correction, or for any record of its employees maintained in the course of their duties, in a civil action between private parties shall comply with the following procedure: (1) Where the information sought may reasonably be expected to be in the possession of 1 of the parties to the litigation, as well as in the possession of the Department, the information shall first be sought from the party to the litigation having possession of the information. (2) Prior to seeking criminal history records from the Department, the party seeking the information shall first attempt to obtain criminal history information through proper procedures at the State Bureau of Identification, pursuant to § 8513 of this title. (3) Any subpoena issued under this subsection shall meet the requirements of subsection (f) of this section above. (h) (1) Any subpoena or summons issued for testimony of any official or employee of the Department of Correction shall be issued at least 30 days in advance of the date on which the testimony is due, and a copy of the subpoena or summons shall be served on the State Solicitor. (2) Any subpoena or summons issued for testimony of any official or employee of the Department of Correction, where the substance of the testimony would involve information contained in the records of the Department, shall comply with the requirements of subsection (f) of this section above, and the subpoena or summons shall be deemed a subpoena for the Department’s records. The Department or its Deputy Attorney General shall notify the issuer when a subpoena or summons for testimony is deemed a subpoena for records and subsection (f) of this section applies. (3) The requirements of this subsection apply to both criminal and civil actions and in all courts. (i) Notwithstanding any language in this section or elsewhere to the contrary, the time requirements in this section regarding the issuance of subpoenas shall not apply to any subpoena issued in: (1) [Repealed.] (2) Any civil or criminal case where the issuing party has less than 45 days’ notice of the trial date; or (3) If the party issuing the subpoena can show that the late subpoena was issued as a result of information provided by the State less than 45 days prior to the trial date. (j) An individual denied access to a document under subsection (c) or (d) of this section may seek relief under § 10005 of Title 29.

Del. Code tit. 11, § 4331 Presentence investigation; victim-impact statement.

(a) Upon conviction of any person for any crime and before sentencing, the court may, before fixing punishment or imposing sentence, direct an Investigative Services officer to thoroughly investigate and report upon the history of the accused and any and all other relevant facts, to the end that the court may be fully advised as to the appropriate and just sentence to be imposed; provided, however, that if the court orders such investigation for an offender convicted of murder in the first or second degree, rape in the first, second or third degree, unlawful sexual intercourse in the first or second degree, the manufacture, delivery or possession with intent to manufacture a narcotic drug, or trafficking under § 4753A of Title 16 [repealed], with respect to a narcotic drug, the offender shall immediately be remanded to the James T. Vaughn Correctional Center during the time such investigation is being conducted. All time spent by the offender in custody prior to completion of the presentence investigation and all other sentencing procedures shall be credited against the amount of time which the offender is sentenced to serve. (b) Whenever an investigation by the Investigative Services Office is ordered by the court, the Investigative Services Office should inquire promptly into such things as the circumstances of the offense, the motivation of the offender, the criminal record, social history, behavior pattern and present condition of the offender. The presentence investigation should include administration of an objective risk and needs assessment instrument, and should note wherein the judicial alternatives of the court and appropriate conditions of supervision may play a role in the rehabilitation of the offender as a law-abiding citizen. All local and state agencies shall make available to the Investigative Services Office such records as the Investigative Services Office may request. The investigation should include physical and mental examination of the offender, when, in the opinion of the court, it is desirable. As soon as practicable or as ordered by the court, the presentence report shall be forwarded to the sentencing judge of the court in each case. (c) The Investigative Services Office may conduct any additional investigations or perform any other investigative tasks, with the preparation of appropriate reports, as may be desirable to facilitate the appropriate sentencing of an offender or other court proceedings. In order to facilitate the appropriate sentencing of any offender or for any other court proceedings, the Investigative Services Office may be ordered by the court to administer an objective risk and needs assessment instrument and prepare an appropriate report thereof for the court. (d) (1) Except for those offenses where no victim can be ascertained, a victim-impact statement must be presented to the court prior to the sentencing of a convicted person, if that person has been convicted of any of the following: a. A felony. b. An offense under subchapter V, Chapter 5 of this title or subpart D, subchapter II, Chapter 5 of this title. c. A misdemeanor which resulted in physical injury or death. (2) Notwithstanding paragraph (d)(1) of this section, the victim-impact statement is not required where an immediate sentence is rendered, except in cases of conviction by plea. (e) A victim-impact statement must include all of the following: (1) Identify, to such extent as can be reasonably ascertained, those victims, except persons involved in the commission of the offense, who received physical, psychological, or economic injury as a result of the offense. (2) Describe, to the extent possible, such physical, psychological, or economic injury. (3) Identify any physical injury suffered by the victim, together with a description of the seriousness and permanence of that injury. (4) Contain a description of any change in the victim’s personal welfare or familial relationships which can reasonably be attributed to the offense. (5) Identify any request for psychological services or counselling services initiated by any person identified under paragraph (e)(1) of this section, if such request or need for such services can reasonably be determined to have resulted from the offense. (6) Determine any fees or costs for psychological or counselling services. (7) Any other information relating to the impact of the offense upon the victim or other person. (f) If a victim or other person identified in subsection (e) of this section is deceased; is a child; is under a mental, physical or legal disability; or is otherwise unable to provide the information required under this section, such information may be obtained from the personal representative, guardian, committee, family member, treatment professional, child protection agency, Office of the Child Advocate, or such other involved state agency as the presentence officer may deem necessary. (g) (1) a. The provisions of this section relating to victim-impact statements apply only to those victims who have cooperated with the court and with Investigative Services officers. b. A victim’s cooperation relating to a victim-impact statement under this section does not affect the victim’s right to make a statement under § 9403(8) of this title. (2) a. The provisions of this section relating to victim-impact statements apply to all courts having original jurisdiction to hear, try, and finally determine criminal offenses. b. Notwithstanding paragraph (g)(2)a. of this section, the provisions of this section relating to victim-impact statements do not apply to Justices of the Peace Courts. (h) Notwithstanding any statute, rule or regulation to the contrary, upon conviction of any person for any sexual offense, as defined in § 761 of this title, and upon request of either party, the court shall direct that a presentence report be prepared by a presentence officer. (i) In any case involving a felony conviction for which a presentence investigation is being conducted, the person conducting the investigation shall (1) provide the convicted felon with a copy of § 1448 of this title and (2) attempt to determine if the convicted felon is in possession of a firearm or projectile weapon in violation of § 1448 of this title. This attempt shall include reasonable efforts to contact other persons in the convicted felon’s household and the victim, and shall also include a check of the Superior Court’s list of persons holding concealed weapons permits. If the person conducting the investigation believes that the convicted felon is in possession of a firearm or projectile weapon in violation of § 1448 of this title, the Attorney General shall be notified for appropriate enforcement action.

Del. Code tit. 11, § 4332 Conditions of probation or suspension of sentence; house arrest.

(a) (1) The Department may adopt standards concerning the conditions of probation or suspension of sentence which the court may use in a given case. (2) The standard conditions apply in the absence of any other specific or inconsistent conditions imposed by the court under this subsection. (3) The presentence report may recommend conditions to be imposed by the court. (4) Nothing in this chapter limits the authority of the court to impose or modify any standard or special conditions of probation or suspension of sentence. (5) 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 must be presented to and considered by the court. (6) The court shall cause a copy of any order to be delivered to the Department and to the individual on probation. (7) Unless the offense for which an individual on probation is sentenced mandates specific conditions, a court, Board of Parole, or probation and parole officer shall presumptively impose the least number of special conditions, and least restrictive special conditions of supervision, necessary to achieve the goals of supervision. a. A special condition imposed may not be more restrictive than reasonably necessary to achieve the goals of supervision or address criminogenic needs. b. Before imposing a special condition, the court, Board of Parole, or probation and parole officer must consider whether the special condition is more restrictive than reasonably necessary to achieve the goals of supervision. c. A special condition must be reasonably related to the criminogenic needs of the individual on probation or goals of supervision. d. For each special condition imposed, the court, Board of Parole, or probation and parole officer must state the reasonable relation to the criminogenic needs of the individual on probation or the goals of supervision. e. Before imposing a special condition, the court, Board of Parole, or probation and parole officer must consider whether fewer special conditions or less restrictive special conditions do not achieve the goals of supervision. (8) Unless the offense for which the person is sentenced mandates specific conditions, the court, Board of Parole, or probation and parole officer may not impose a special condition of supervision with which the individual on probation cannot reasonably comply. Unless the offense for which the person is sentenced mandates specific conditions, before imposing a special condition, the court, Board of Parole, or probation and parole officer must consider if the individual on probation has the necessary resources and ability to comply with the special condition. (9) The Board of Parole or probation and parole officer shall ensure that reporting requirements are as minimally-intrusive as possible in order to address criminogenic needs or achieve the goals of supervision, and may provide an individual on probation with alternative reporting options, including the option of reporting remotely, when appropriate. a. A probation and parole officer must set the required reporting times and locations for an individual on probation at times and locations reasonably designed to accommodate the verifiable work schedule of an individual on probation, as well as considerations related to education, childcare, healthcare, and transportation availability. b. A probation and parole officer may utilize audio and visual communications, or audio-only communication, in lieu of requiring a face-to-face in-person reporting for an individual on probation. c. A probation and parole officer may excuse an in-person probation visit as a graduated incentive for compliance with treatment program requirements. (10) If a program is a requirement of supervision, the Board of Parole or probation and parole officer must facilitate a referral into the program. a. If a required program is not available and a violation of probation is filed, the court must consider the totality of the circumstances when deciding whether to establish the alleged violation. b. If the sentencing court determines on the record that the Board of Parole or probation and parole officer did not reasonably facilitate an individual on probation’s referral into the program, a longer period of probation or suspension of sentence is prohibited. c. The Department is not required to contract for or create a program that is a requirement of supervision. (11) Before pursuing sanctions up to and including revocation for an alleged violation of probation, the probation and parole officer shall make reasonable efforts to inquire into why an individual on probation failed to abide by a condition, including by affirmatively attempting to re-engage an individual on probation who fails to report before deeming the individual on probation to have violated the individual on probation’s conditions of supervision. The probation and parole officer shall make reasonable efforts to connect the individual on probation with needed services and resources before pursuing sanctions against the individual on probation. (b) The Department may adopt standards governing any program of house arrest. 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, regardless of the official or unofficial name of the program, must include all of the following: (1) Clear and consistent incentives for compliance and sanctions for noncompliance with conditions of supervision. (2) That the Department owns or leases all equipment. (c) The Department may use electronic monitoring systems and any new or emerging monitoring technology that will assist in the supervision of an individual placed on house arrest, as reasonably necessary. A probation and parole officer may utilize audio and visual communications, or audio-only communication, in lieu of requiring a face-to-face in-person reporting for an individual placed on house arrest. (d) The Department may supervise an individual placed on house arrest without the use of any specific electronic equipment, if sufficient and reasonable methods for ensuring compliance with the terms of house arrest are employed.

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 4333 Period of probation or suspension of sentence; termination.

(a) The period of probation or suspension of sentence shall be fixed by the court subject to the provisions of this section. Any probation or suspension of sentence may be terminated by the court at any time and upon such termination or upon termination by expiration of the term, an order to this effect shall be entered by the court. (b) The length of any period of probation or suspension of sentence is limited to the following: (1) Two years, for any violent felony in this title as designated in § 4201(c) of this title. (2) Eighteen months, for any offense set forth in Title 16. (3) One year, for any offense not otherwise specified in paragraph (b)(1) or (2) of this section. (c) An individual who is serving more than 1 sentence imposed following convictions in more than 1 case must not serve a consecutive period of probation or suspension of sentence that is in excess of the limitations imposed by subsection (b) of this section. Any sentence of probation or suspension of sentence, or any portion thereof, which, if served consecutively to another such sentence, would result in an aggregate sentence of probation or suspension of sentence in excess of the limitations imposed by subsection (b) of this section, is deemed to be concurrent to the other sentence. This subsection does not apply to a sentence imposed for a conviction involving an offense committed while the individual was serving a period of probation or suspension of sentence. (d) The limitations set forth in subsections (b) and (c) of this section do not apply to any of the following: (1) A sentence imposed for a conviction of any sexual offense, as defined in § 761 of this title, if the sentencing court determines on the record that a longer period of probation or suspension of sentence will substantially reduce the likelihood that the individual will commit a sexual offense or other violent offense in the future. (2) A sentence imposed for any violent felony in this title as designated by § 4201(c) of this title, if the sentencing court determines on the record that public safety will be enhanced by a longer period of probation or suspension of sentence. (3) A sentence imposed for any offense set forth in the Delaware Code, if the sentencing court determines on the record that a longer period of probation or suspension of sentence is necessary to ensure the collection of any restitution ordered. a. Any period of probation ordered under this paragraph (d)(3) that is in excess of the limitations under subsections (b) and (c) of this section must be served at Accountability Level I — Restitution Only under the terms of § 4204(c)(10) of this title. b. An individual sentenced to Accountability Level I - Restitution Only may not have the individual’s probation level increased based on the individual’s reasonable inability to pay the restitution ordered. (e) The limitations set forth in subsections (b) and (c) of this section may be exceeded by up to 90 days by the sentencing court if the sentencing court determines that the individual has not yet completed a substance abuse treatment program ordered by the court, provided, that each extension of sentence ordered under this subsection must be preceded by a hearing, and by a finding on the record of all of the following: (1) The extension of sentence is necessary to facilitate the completion of the substance abuse treatment program. (2) The probation and parole officer made reasonable efforts to refer the individual to the appropriate program. (3) Less-restrictive measures do not facilitate completion of the program. (f) Except as provided by subsection (g) of this section, in no event shall the total period of probation or suspension of sentence exceed the maximum term of commitment provided by law for the offense or 1 year, whichever is greater; provided, that in all cases where no commitment is provided by law the period of probation or suspension of sentence shall not be more than 1 year. (g) (1) Any period of custodial supervision imposed pursuant to § 4204( l ) of this title shall not be subject to the limitations set forth by this section. (2) As used in this section, the phrase “period of probation or suspension of sentence” shall not include any period of a sentence that is designated by the sentencing court to be served at Supervision Accountability Level IV as defined in § 4204(c)(4) of this title. (h) Notwithstanding any provision of this Code or court rule to the contrary, any superior court judge who is presiding over any proceeding at which an offender is sentenced or found to have violated any condition or term of an imposed period of probation or suspension of sentence shall be deemed to have jurisdiction over any sentence to a period of probation or suspension of sentence currently being served by the offender regardless of the court or county in which such sentence was originally imposed, and may modify, revoke or terminate any such period of probation or suspension of sentence. (i) The Department shall have the authority without leave of the court to reclassify any offender sentenced to probation at Accountability Levels I, II or III, provided that the Department shall first evaluate the offender using an objective classification tool designed to assist in the determination of the appropriate level of probation. Offenders shall be reevaluated and reclassified periodically as the Department deems necessary and appropriate. (j) Notwithstanding any other provision to the contrary, the provisions of subsections (b), (c), (d) and (e) of this section shall be applicable to sentences imposed prior to June 1, 2003, only upon an order of the Court entered for good cause shown after its consideration of an application for sentence modification filed by the Department of Correction.

Del. Code tit. 11, § 4334 Arrest for violation of conditions; subsequent disposition [Effective until Feb. 1, 2027].

(a) The court may issue a warrant for the arrest of a probationer for violation of any of the conditions of probation or suspension of sentence, or a notice to appear to answer to a charge of violation. Such notice shall be personally served upon the probationer. The warrant shall authorize officers to return the probationer to the custody of the court or to the Department. (b) The Commissioner, or any probation officer, when in the Commissioner’s or probation officer’s judgment there has been a violation of any condition of probation or suspension of sentence, may arrest such probationer without a warrant, or may deputize any other officer with power of arrest to do so by giving that officer a written statement setting forth that the probationer has, in the judgment of the Commissioner or probation officer, violated the conditions of probation or suspended sentence. The written statement delivered with the probationer by the arresting officer to the official in charge of the place of detention shall be sufficient warrant for the detention of the probationer. When an arrest is made by a probation officer, the Department shall present to the detaining authority a written statement of the circumstances of violation. Provisions regarding release on bail of persons charged with crime shall be applicable to the probationers arrested under these provisions. (c) Upon such arrest and detention, the Department shall immediately notify the court and shall submit in writing a report showing in what manner the probationer has violated the conditions of probation or suspension of sentence. Thereupon, or upon arrest by warrant as provided in subsection (b) of this section, the court shall cause the probationer to be brought before it without unnecessary delay, for a hearing on the violation charge. The hearing may be informal or summary. If the violation is established, the court may continue or revoke the probation or suspension of sentence, and may require the probation violator to serve the sentence imposed, or any lesser sentence, and, if imposition of sentence was suspended, may impose any sentence which might originally have been imposed. (d) Notwithstanding any provision of subsection (c) of this section or any other law, rule or regulation to the contrary, the Department is authorized to administratively resolve technical and minor violations of the conditions of probation or supervision at Accountability Levels I, II, III or IV when a sanction less restrictive than Level V is being sought by the Department as a result of the violation, and is further authorized to administratively resolve technical and minor violations of conditions of probation at Accountability Levels I, II, III, or IV by placing the probationer at Accountability Level IV for a period of not more than 5 days consecutively, and not more than 10 days in any 1 calendar year, or on home confinement for a period of not more than 10 days consecutively, and not more than 20 days per calendar year. The Department shall adopt written procedures providing for administrative review for all cases in which an offender is placed at Level IV or home confinement pursuant to this subsection. All administrative dispositions imposed pursuant to this subsection shall be documented in the offender’s record and shall be made available to the court in the event of a subsequent violation which is considered by the court. For the purposes of this subsection, the term “technical and minor violations of the conditions of probation or supervision” shall not include arrests or convictions for new criminal offenses. Under this section, the purpose of home confinement is to reduce the number of persons held at Level V and Level IV facilities by substituting home confinement when appropriate. The Department shall develop guidelines for probation officers to assist them in providing consistent and appropriate responses to compliance and violations of the conditions of probation or supervision. (e) A probationer for whose return a warrant cannot be served, shall be deemed a fugitive from justice or to have fled from justice. If it shall appear that probationer has violated probation or suspended sentence, the court shall determine whether the time from issuing of the warrant to the date of the probationer’s arrest, or any part of it, shall be counted as time served on probation or suspended sentence. (f) The Justice of the Peace Court shall have jurisdiction over violations of probation where such probation or suspension of sentence was pursuant to an order of the Justice of the Peace Court.

Del. Code tit. 11, § 4335 Presentence investigations; Superior Court; Court of Common Pleas; Investigative Services Officers.

(a) (1) Chief Investigative Services Officer. — The Superior Court and the Court of Common Pleas may appoint a suitable person in each of the counties of the State to conduct such presentence investigations and to perform such other duties, within or without the county of the person’s residence, as the Court may direct. Each person so appointed shall be a resident of this State and shall hold office at the pleasure of the Court. Each of such persons shall be the Chief Investigative Services Officer and shall be an officer of the Court. (2) Investigative Services Officer. — The Superior Court and the Court of Common Pleas may also appoint an appropriate number of Investigative Services Officers in each county who shall have powers and responsibilities to conduct presentence investigations, as well as other types of investigations and investigative tasks, as directed by the Court and under the supervision of the Chief Investigative Services Officer. (3) Support staff. — The Court may also appoint appropriate support staff in each county to ensure the proper functioning of each Investigative Services Office. (b) Badges and identification. — Each Chief Investigative Services Officer and Investigative Services Officer shall be provided by the Court with an appropriate badge and identification. (c) Presentence investigations for Superior Court. — Each Investigative Services Officer shall conduct such presentence investigations for the Superior Court as it shall direct, including an inquiry into such things as the circumstances of the offense, the motivation of the offender, and the criminal record, social history, behavior pattern and present condition of the offender. The report thereof shall be in such form and over such subjects as the Superior Court shall direct. (d) Presentence investigations for the Court of Common Pleas. — Each Investigative Services Officer for the Court of Common Pleas shall conduct such presentence investigations for the Court of Common Pleas as it shall direct, including inquiring into such things as the circumstances of the offense, the motivations of the offender, and the criminal record, social history, behavior pattern and the present condition of the offender. The report thereof shall be in such form and cover such subjects as the Court of Common Pleas shall direct. In any county where a Court of Common Pleas Investigative Services Office does not exist, each Superior Court Investigative Services Officer shall, with the approval of the Superior Court, conduct such presentence investigations for the Court of Common Pleas as said Court shall order. The report thereof shall be in such form and cover such subjects as the Court of Common Pleas shall direct. (e) “Investigative Services Officer” definition. — An “Investigative Services Officer” is a person selected by the Court through such person’s training and experience to produce reports as identified above to assist the Court in determining restitution, costs and recommendations for sentences for a person convicted of an offense under the Delaware Code.

Del. Code tit. 11, § 4336 Community notice of offenders on probation, parole, conditional release, or release from confinement.

(a) Notwithstanding any other provision of law to the contrary, the Department of Correction or the Department of Services to Children, Youth and Their Families (DSCYF) as the case may be, shall provide written notice to the Attorney General, to the chief law-enforcement officer of the jurisdiction which made the original arrest, to the chief law-enforcement officer where the prisoner intends to reside and to the Superintendent of State Police, of the release from incarceration of any person who has been convicted of: (1) a. Any of the offenses specified in §§ 764 through 777 of this title; b. Any of the offenses specified in §§ 1108 through 1111 of this title; or c. Attempt to commit any of the foregoing offenses, or of the release of any juvenile adjudicated delinquent on the basis of an offense which, if committed by an adult, would constitute: (2) a. Any of the offenses specified in §§ 764 through 777 of this title; b. Any of the offenses specified in §§ 1108 through 1111 of this title; or c. Attempt to commit any of the foregoing offenses. (b) Notwithstanding any other provision of law to the contrary, the official in charge of any other institution where an inmate is confined because of the commission or attempt to commit any of the offenses specified subsection (a) of this section, or the official in charge of a state hospital to which a person is committed as a result of having been convicted or adjudged guilty but mentally ill or adjudged not guilty by reason of insanity of 1 of the offenses specified in subsection (a) of this section, shall provide written notice to the Attorney General, to the chief law-enforcement officer of the jurisdiction which made the original arrest, to the chief law-enforcement officer where the prisoner intends to reside and to the Superintendent of State Police of the release from such institution or state hospital of any such inmate or person. (c) Any notice required pursuant to subsection (a) or subsection (b) of this section shall be given no more than 90 days, and no less than 45 days, prior to such person’s release. The notice shall include, without limitation, the legal name, any alias or nicknames, age, sex, race, fingerprints, all known identifying factors, offense history, anticipated future residence and a photo of the released person supplied by the Department of Correction or the DSCYF, as the case may be, and taken not more than 90 days prior to release. No person shall be released from incarceration or confinement unless and until the person cooperates with the appropriate authorities pursuant to this section. (d) Notwithstanding any other provision of law to the contrary, the court, where a person convicted of any of the offenses specified in subsection (a) of this section is released by a state court on probation or discharged by a state court upon payment of a fine, shall provide written notice to the Attorney General, to the chief law-enforcement officer of the jurisdiction which made the original arrest, to the chief law-enforcement officer where the convicted person intends to reside and to the Superintendent of State Police of the release from such court. (e) Any notice pursuant to subsection (d) of this section shall be given no more than 5 working days after the person’s release. The notice shall include, without limitation, the following information as it is available to the court or notation as to the repository for said information: the legal name, any alias or nicknames, age, sex, race, fingerprints, all known identifying factors, offense history, anticipated future residence and a photo taken not more than 90 days prior to release. (f) The Attorney General shall use any reasonable means to notify the victim of the anticipated release unless the victim has requested not to be notified. (g) The Attorney General shall, within 10 days after receiving notification of a pending release pursuant to subsection (a) or subsection (b) of this section, or notification of release pursuant to subsection (d) of this section, assess the offender in accordance with the Registrant Risk Assessment Scale, the form of which and a manual for which are attached hereto as Exhibit A. The Attorney General shall notify the Delaware State Police and the chief law-enforcement officer of the jurisdiction where the offender intends to reside as to the resulting score on the Registrant Risk Assessment Scale, and shall forward a copy of the completed Registrant Risk Assessment Scale to the Superintendent of the Delaware State Police and to the chief law-enforcement officer of the jurisdiction where the registrant offender intends to reside. (h) The chief law-enforcement officer of the jurisdiction where the inmate intends to reside, or the Superintendent of State Police if no local agency exists, shall provide notification of the convicted sex offender’s release in accordance with the following guidelines: (1) Those persons receiving a “Low Risk” score on the Registrant Risk Assessment Scale shall be considered a Tier One offender. The release of Tier One offenders will require notification to all law-enforcement agencies with jurisdiction over the area where the offender intends to reside. (2) Those persons receiving a “Moderate Risk” score on the Registrant Risk Assessment Scale shall be considered a Tier Two offender. In addition to law-enforcement notification, the release of a Tier Two offender shall require a Community Organization Alert pursuant to this paragraph. Such Community Organization Alert may include a photograph of the offender if deemed appropriate by the notifying agency. In order to be a community organization entitled to Tier Two notification, such organizations must register with the local law-enforcement agency, or where the community has no local law-enforcement agency, with the Superintendent of State Police. Organizations may only be included on the notification list if they operate an establishment where children gather under their care or where women are cared for. The State Board of Education shall provide all law-enforcement agencies within the State a list of all educational institutions within the Board’s administration. Every law-enforcement agency shall automatically register each institution on the Board’s list located within its jurisdiction. Notification will go to those organizations which, at any specific time, are likely to encounter the released offender. “Likely to encounter” for the purposes of this section means that the location of any organization is such that they are in close geographic proximity to a location where the released offender resides or visits or can be presumed to visit on a regular basis. (3) Those persons receiving a “High Risk” score on the Registrant Risk Assessment Scale shall be considered a Tier Three offender. In addition to law-enforcement notification and a Community Organization Alert, the release of a Tier Three offender shall require community notification pursuant to this paragraph. Community notification shall be conducted by door-to-door appearances or by mail or by other methods devised specifically to notify members of the public likely to encounter the offender. Community notification should be targeted to a defined community. Such community notification may include a photograph of the offender if deemed appropriate by the notifying agency. (i) A complete register of all persons convicted after June 27, 1994, of any of the offenses specified in subsection (a) of this section, or of attempt to commit any of such offenses shall be created, maintained and routinely updated by the Delaware State Police for immediate accessibility by the Delaware Justice Information System (DelJIS) computer to all law-enforcement agencies. Such register shall be accessible by the name of each offender or by county of residence of each offender. The register required by this subsection shall be established by the Delaware State Police no later than 6 months after June 21, 1996. (j) All elected public officials, public employees and public agencies are immune from civil liability for any discretionary decision to release relevant information unless it is shown that the official, employee or agency acted with gross negligence or in bad faith. The immunity provided under this section applies to the release of relevant information to other employees or officials or to the general public. (k) There shall be no civil legal remedies available as a cause of action against any public official, public employee or public agency for failing to release information as authorized in this section. (l) In addition to those circumstances enumerated in this section, law-enforcement agencies shall notify any member of the public of the release of a person described in subsection (a), subsection (b) or subsection (d) of this section where such released person may pose a particular threat or danger to a member of the public. (m) The Court in which any person described in subsection (a) of this section is sentenced shall designate for the Department of Correction or the DSCYF, as the case may be, at the time of sentencing that notice in accordance with this section shall be required. (n) The Court in which any person described in subsection (b) of this section is sentenced shall designate for the official in charge of the institution of confinement or state hospital at the time of sentencing that notice in accordance with this section shall be required. (o) The Court in which any person described in subsection (d) of this section is sentenced shall determine, at the time of sentencing, that notice in accordance with this section shall be required. (p) The Department of Technology and Information shall provide public notification of the name of every person designated by the Attorney General as a Tier Three sex offender pursuant to paragraph (h)(3) of this section (including any known alias), the last verified address of the offender, the title of any sex offense for which the offender has been convicted and the date of conviction. Such information shall be searchable by the name of the sex offender and by geographic criteria, and shall be made available to the public by the Internet, and by printed copy that shall be available on request at any state or local police agency and all public libraries within the State. Such information shall be updated as often as practicable, but not less than every 3 months, and shall be maintained by the Superintendent of the Delaware State Police, as set forth in § 4120 of this title, and elsewhere in this section. (q) This section shall apply with respect to persons convicted after June 21, 1996, but before March 1, 1999.

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 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 Department of State. (b) The Board shall adopt an official seal of which the courts shall take judicial notice.

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 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) If good cause for release on the grounds of serious medical illness or infirmity would exist under § 4217 of this title, the Department shall recommend, or the person seeking release may request, that the person’s case be considered by the Board of Parole at a regular or special meeting. When the case is so considered, the Board of Parole, if satisfied that good cause exists and that the release of the person does not constitute a substantial risk under § 4217(b)(1)c. of this title, may order the release of the person on parole without regard to the time already served by the person. The Board of Parole may impose any conditions of parole on the person and may revoke the person’s parole without hearing at any time and for any cause and order the return of the person to the Department.

Del. Code tit. 11, § 4347 Parole authority and procedure.

(a) A person committed to the custody of the Department who will be eligible for parole within 180 days may apply for a parole hearing on forms promulgated by the Board. Upon receipt of such application, the Board shall notify the Bureau Chief of Prisons of said application and request verification of parole eligibility and the information required in subsection (d) of this section which shall be provided the Board within 30 days. Upon receipt of the foregoing information, the Board shall determine within 30 days if a parole hearing will be scheduled. If the hearing is denied or if the hearing is held and the parole denied the applicant and the Department shall be advised in writing by the Board of the earliest date, not sooner than 6 months for an applicant with a good-time release date of 3 years or less and not sooner than 1 year for an applicant with a good-time release date of more than 3 years, upon which the applicant shall be eligible to again apply for a parole hearing in accordance within this section. (b) If any person eligible for parole fails to make an application as specified in subsection (a) of this section, the Department shall have no duty to such person to provide the Board with the information otherwise required by this chapter and the Board shall have no duty to such person to consider such person for parole. Notwithstanding the failure of a person to apply for parole, the Department is permitted to provide the Board with the information otherwise required by this chapter and the Board may, in turn, consider such person for parole. (c) A parole may be granted when in the opinion of the Board there is reasonable probability that the person can be released without detriment to the community or to person, and where, in the Board’s opinion, parole supervision would be in the best interest of society and an aid to rehabilitation of the offender as a law-abiding citizen. A parole shall be ordered only in the best interest of society, not as an award of clemency, and shall not be considered as a reduction of sentence or a pardon. A person shall be placed on parole only when the Board believes that the person is able and willing to fulfill the obligations of a law-abiding citizen. Among the factors the Board shall consider when determining if a defendant shall be placed on parole are as follows: job skills, progress towards or achievement of a general equivalency diploma, substance abuse treatment and anger management and conflict resolution. (d) Within 1 month prior to the time an offender is scheduled for a parole hearing, the Department shall submit a progress report with parole recommendations to the Parole Board, and the Department shall submit a carefully evaluated parole plan with recommendations. At the same time a copy of the progress report and the parole plan and recommendations shall also be submitted to the Delaware State Police and to the arresting public police organization, along with the date and location of the scheduled parole hearing. Moreover, whenever possible and feasible, the Department shall notify the aggrieved party of the crime or crimes for which the offender was sentenced and the date and location of the scheduled parole hearing. (e) The Board shall have no obligation to allow a person eligible for parole to appear before it, and the Board may deny a parole application without having interviewed the applicant. In no case, however, shall the Board grant a parole without having first had the applicant personally appear before the Board and be interviewed by it. (f) All paroles shall issue upon order of the Board duly adopted by a majority of those present and voting; provided, however, no person who has been convicted of and imprisoned for murder in the first or second degree, rape in the first, second or third degree, unlawful sexual intercourse in the first or second degree, kidnapping or any offense relating to the sale, attempt to sell, delivery or possession with intent to sell or deliver a narcotic drug shall be granted a parole except by order of the Board duly adopted by at least 4 of the 5 members of the Board. A quorum shall be a minimum of 3 members. No parole shall be issued to any prisoner who has been convicted in a court of law and sentenced for committing or attempting to commit the offense of “escape after conviction” as set forth in § 1253 of this title until such time as that prisoner has served the amount of time equivalent to and commensurate with that imposed in the sentence set forth by the court for said escape or attempt to escape. No parole shall be issued to any prisoner who has been convicted and sentenced in a court of law for the offense of “conspiracy in the second degree” as defined in § 512 of this title with respect to directly and actively aiding or abetting an escape as defined in § 1253 of this title until such time as an equivalent amount of time commensurate with that which has been imposed under the sentence set forth by the court for said conspiracy has been served. (g) Every person while on parole shall remain in the legal custody of the Department but shall be subject to the orders of the Board of Parole. (h) Where civil rights would otherwise be forfeited, they shall be forfeited only during any period of incarceration. (i) The period served on parole or conditional release shall be deemed service of the term of imprisonment, and subject to the provisions contained in § 4352 of this title, relating to a person who is a fugitive from or has fled from justice, the total time served may not exceed the maximum term or sentence. When a person on parole or conditional release has performed the obligations of that person’s release for such time as shall satisfy the Board that the person’s final release is not incompatible with the best interest of society and the welfare of the individual, the Board may make a final order of discharge and issue a certificate of discharge to the person; but no such order of discharge shall be made within 1 year after the date of release except where the sentence expires earlier thereto. Such discharge, and the discharge of a person who has served person’s term of imprisonment, shall have the effect of restoring all civil rights lost by operation of law upon commitment. Except when discharged herein a person on parole or conditional release shall be on parole until the expiration of the maximum term for which the person is sentenced. (j) Each person who is eligible for parole or conditional release under this subchapter is eligible to be a candidate for appointment to the house arrest program for nonviolent offenders. A person shall be eligible for consideration to participate in the house arrest program if such person meets all of the requirements of subsection (c) of this section and in addition: (1) Makes regular payments, per month, toward the costs incurred by the State in maintaining the program; (2) Performs such stipulated number of hours of public service work as are directed by the court or by the Department; (3) Makes restitution to any victim or victims in such amounts as the court shall determine. Full or partial restitution, in such manner as the court determines, is a requirement for participation, or continued participation, in the program. (k) Notification of parole eligibility. — (1) a. At least 30 days before a scheduled parole hearing for an inmate convicted of a felony offense, the Board shall notify the victim or member of the victim’s family of the date, time, and place of the scheduled hearing. A copy of any rules developed under § 4350(a) of this title must be included with the notice. b. Notwithstanding paragraph (k)(1)a. of this section, the victim or member of the victim’s family can request not to receive notification under § 9414(a)(3) of this title. (2) At least 30 days prior to a scheduled parole hearing for an inmate convicted of a felony offense, the Board shall send a notice of the date, time and place of the scheduled hearing to the attorney general. (3) At least 30 days prior to a scheduled parole hearing for an inmate convicted of a felony offense, the Board shall cause notice of the date, time and place of the scheduled hearing to be published in a newspaper with an average daily statewide circulation of at least 15,000 copies, of which at least 5,000 copies shall be in the county in which the offense occurred. ( l ) Notification of parole decision. — (1) At the same time as the Board sends notice of its decision to the inmate, the Board shall send notice of its decision to individuals notified under paragraphs (k)(1) or (k)(2) of this section. (2) No later than 10 days after a parole hearing resulting in parole of an applicant, the Board shall cause notice of its decision to be published in the same newspaper in which the notice of the hearing was published. (m) Before a parole hearing, a party to whom the Board failed to notify as required in paragraphs (k)(1) or (2) of this section may request that the Board postpone the scheduled hearing in order to provide a reasonable opportunity for the party to attend the hearing or submit a written statement, or do both. However, in no event may the hearing be postponed more than 45 days from the original scheduled date. (n) A notice under this section must be provided to the victim or to a member of the victim’s family under § 9414(a) of this title.

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 4352 Return of violator of parole; procedure and action on violation.

(a) At any time during release on parole the Board or any member thereof may issue a warrant for the arrest of a released person for violation of any of the conditions of release, or a notice to appear to answer to a charge of violation. Such notice shall be served personally upon the person. The warrant shall authorize any officer authorized to serve process in this State to return the person to the actual custody of the correctional facility from which the person was released, or to any other suitable detention facility designated by the Board or Department. When, in the judgment of the Commissioner or of any probation and parole officer, there has been a violation of the conditions of release, the Commissioner or the probation and parole officer may arrest such parolee without a warrant, or the Commissioner or the probation and parole officer may deputize any other officer with power of arrest to do so by giving officer a written statement setting forth that the parolee has, in the judgment of the Commissioner or probation and parole officer, violated the conditions of parolee’s release. The written statement delivered with the person by the arresting officers to the official in charge of the facility to which the person is brought for detention shall be sufficient warrant for detaining the parolee. (b) After making an arrest the Department shall present to the detaining authorities a statement of the circumstances of violation. Pending hearing, as hereinafter provided, upon any charge of violation, the person shall remain incarcerated in the institution. (c) Upon such arrest and detention, the Department shall immediately notify the Board and shall submit a report showing in what manner the person had violated the conditions of release. The Board shall cause the person to be brought promptly before it for a hearing on the violation charge, under such rules and regulations as the Board may adopt. (d) If the violation is established by the hearing, the Board may continue or revoke the parole, or enter such other order as it may see fit. (e) A person for whose return a warrant has been issued by the Board shall, if it is found that the warrant cannot be served, be deemed to be a fugitive from justice or to have fled from justice. (f) If it shall appear that the person has violated the provisions of the person’s release, the Board shall determine whether the time from the issuing of the warrant to the date of the person’s arrest, or any part of it, shall be counted as time under the sentence. (g) Any person who commits a crime while at large on parole and is convicted and sentenced therefor shall serve the unexpired portion of the term under which the person was released consecutively after any new sentence for the new offense.

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 4358 Terms of the compact between the states.

The Governor shall execute a compact on behalf of the State with any of the United States legally joining therein in the form substantially as follows: INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS PREAMBLE * WHEREAS, the interstate compact for the supervision of Parolees and Probationers was established in 1937, it is the earliest corrections “compact” established among the states and has not been amended since its adoption over 62 years ago; and * WHEREAS, this compact is the only vehicle for the controlled movement of adult parolees and probationers across state lines, and it currently has jurisdiction over more than a quarter of a million offenders; and * WHEREAS, the complexities of the compact have become more difficult to administer, and many jurisdictions have expanded supervision expectations to include currently unregulated practices such as victim input, victim notification requirements and sex offender registration; and * WHEREAS, after hearings, national surveys, and a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming recommendation has been to amend the document to bring about an effective management capacity that addresses public safety concerns and offender accountability; and * WHEREAS, upon the adoption of this Interstate Compact for Adult Offender Supervision, it is the intention of the legislature to repeal the previous Interstate Compact for the Supervision of Parolees and Probationers on the effective date of this Compact. ARTICLE I PURPOSE The compacting states to this Interstate Compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the Bylaws and Rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. § 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. It is the purpose of this compact and the Interstate Commission created hereunder, through means of joint and cooperative action among the compacting states: to provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community; to provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states; and to equitably distribute the costs, benefits and obligations of the compact among the compacting states. In addition, this compact will: create an Interstate Commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies which will promulgate rules to achieve the purpose of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of Compact activities to heads of state councils, state executive, judicial, and legislative branches and criminal justice administrators; monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct non-compliance; and coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity. The compacting states recognize that there is no “right” of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated hereunder. It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and are therefore public business. ARTICLE II DEFINITIONS As used in this compact, unless the context clearly requires a different construction: * “Adult” means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law; * “By-laws” mean those by-laws established by the Interstate Commission for its governance, or for directing or controlling the Interstate Commission’s actions or conduct; * “Compact Administrator” means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state’s supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact; * “Compacting State” means any state, which has enacted the enabling legislation for this compact; * “Commissioner” means the voting representative of each compacting state appointed pursuant to Article III of this compact; * “Interstate Commission” means the Interstate Commission for Adult Offender Supervision established by this compact; * “Member” means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner; * “Non-Compacting State” means any state, which has not enacted the enabling legislation for this compact; * “Offender” means an adult placed under, or subject, to supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies; * “Person” means any individual, corporation, business enterprise, or other legal entity, either public or private; * “Rules” means acts of the Interstate Commission, duly promulgated pursuant to Article VIII of this compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the compacting states; * “State” means a state of the United States, the District of Columbia and any other territorial possessions of the United States; and * “State Council” means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under Article III of this compact. ARTICLE III THE COMPACT COMMISSION The compacting states hereby create the “Interstate Commission for Adult Offender Supervision”. The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact. The Interstate Commission shall consist of Commissioners selected and appointed by resident members of a State Council for Interstate Adult Offender Supervision for each state. In addition to the Commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations; such non-commissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All non-commissioner members of the Interstate Commission shall be ex-officio (non-voting) members. The Interstate Commission may provide in its by-laws for such additional, ex-officio, non-voting members, as it deems necessary. Each compacting state represented at any meeting of the Interstate Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the by-laws of the Interstate Commission. The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of 27 or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public. The Interstate Commission shall establish an Executive Committee which shall include commission officers, members and others as shall be determined by the By-laws. The Executive Committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the Compact. The Executive Committee oversees the day-to-day activities managed by the Executive Director and Interstate Commission staff; administers enforcement and compliance with the provisions of the compact, its by-laws and as directed by the Interstate Commission and performs other duties as directed by Commission or set forth in the By-laws. ARTICLE IV THE STATE COUNCIL Each member state shall create a State Council for Interstate Adult Offender Supervision which shall be responsible for the appointment of the commissioner who shall serve on the Interstate Commission from that state. Each state council shall appoint as its commissioner the Compact Administrator from that state to serve on the Interstate Commission in such capacity under or pursuant to applicable law of the member state. While each member state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims groups and compact administrators. Each compacting state retains the right to determine the qualifications of the Compact Administrator who shall be appointed by the state council or by the Governor in consultation with the Legislature and the Judiciary. In addition to appointment of its commissioner to the National Interstate Commission, each state council shall exercise oversight and advocacy concerning its participation in Interstate Commission activities and other duties as may be determined by each member state including but not limited to, development of policy concerning operations and procedures of the compact within that state. ARTICLE V POWERS AND DUTIES OF THE INTERSTATE COMMISSION The Interstate Commission shall have the following powers: * To adopt a seal and suitable by-laws governing the management and operation of the Interstate Commission; * To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact; * To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact and any by-laws adopted and rules promulgated by the compact commission; * To enforce compliance with compact provisions, Interstate Commission rules, and by-laws, using all necessary and proper means, including but not limited to, the use of judicial process; * To establish and maintain offices; * To purchase and maintain insurance and bonds; * To borrow, accept, or contract for services of personnel, including, but not limited to, members and their staffs; * To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder; * To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission’s personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel; * To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same; * To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed; * To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed; * To establish a budget and make expenditures and levy dues as provided in Article X of this compact; * To sue and be sued; * To provide for dispute resolution among Compacting States; * To perform such functions as may be necessary or appropriate to achieve the purposes of this compact; * To report annually to the legislatures, governors, judiciaries, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission; * To co-ordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in such activity; and * To establish uniform standards for the reporting, collecting, and exchanging of data. ARTICLE VI ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION A. By-laws. The Interstate Commission shall, by a majority of the Members, within twelve months of the first Interstate Commission meeting, adopt By-laws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact, including, but not limited to: Establishing the fiscal year of the Interstate Commission; Establishing an executive committee and such other committees as may be necessary; Providing reasonable standards and procedures: (i) For the establishment of committees; and (ii) Governing any general or specific delegation of any authority or function of the Interstate Commission; Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting; Establishing the titles and responsibilities of the officers of the Interstate Commission; Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission. Notwithstanding any civil service or other similar laws of any Compacting State, the By-laws shall exclusively govern the personnel policies and programs of the Interstate Commission; and Providing a mechanism for winding up the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the Compact after the payment and/or reserving of all of its debts and obligations; Providing transition rules for “start-up” administration of the compact; Establishing standards and procedures for compliance and technical assistance in carrying out the compact. B. Officers and Staff. The Interstate Commission shall, by a majority of the Members, elect from among its Members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the By-laws. The chairperson or, in his or her absence or disability, the vice-chairperson, shall preside at all meetings of the Interstate Commission. The Officers so elected shall serve without compensation or remuneration from the Interstate Commission; PROVIDED THAT, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission. The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, and hire and supervise such other staff as may be authorized by the Interstate Commission, but shall not be a member. C. Corporate Records of the Interstate Commission. The Interstate Commission shall maintain its corporate books and records in accordance with the By-laws; D. Qualified Immunity, Defense and Indemnification. The Members, officers, executive director and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities; PROVIDED, that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or wilful and wanton misconduct of any such person. The Interstate Commission shall defend the Commissioner of a Compacting State, or his or her representatives or employees, or the Interstate Commission’s representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; PROVIDED, that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person. The Interstate Commission shall indemnify and hold the Commissioner of a Compacting State, the appointed designee or employees, or the Interstate Commission’s representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided, that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of such person. ARTICLE VII ACTIVITIES OF THE INTERSTATE COMMISSION The Interstate Commission shall meet and take such actions as are consistent with the provisions of this Compact. Except as otherwise provided in this Compact and unless a greater percentage is required by the By-laws, in order to constitute an act of the Interstate Commission, such act shall have been taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a majority of the members present. Each Member of the Interstate Commission shall have the right and power to cast a vote to which that Compacting State is entitled and to participate in the business and affairs of the Interstate Commission. A Member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a State Council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The By-laws may provide for Members’ participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person. The Interstate Commission shall meet at least once during each calendar year. The chairperson of the Interstate Commission may call additional meetings at any time and, upon the request of a majority of the Members, shall call additional meetings. The Interstate Commission’s By-laws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official record to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such Rules, the Interstate Commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions. Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the Rules or as otherwise provided in the Compact. The Interstate Commission shall promulgate Rules consistent with the principles contained in the “Government in Sunshine Act”, 5 U.S.C. § 552(b), as may be amended. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to: * Relate solely to the Interstate Commission’s internal personnel practices and procedures; * Disclose matters specifically exempted from disclosure by statute; * Disclosure trade secrets or commercial or financial information which is privileged or confidential; * Involve accusing any person of a crime, or formally censuring any person; * Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; * Disclose investigatory records compiled for law enforcement purposes; * Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated entity for the purpose of regulation or supervision of such entity; * Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity; * Specifically relate to the Interstate Commission’s issuance of a subpoena, or its participation in a civil action or proceeding. For every meeting closed pursuant to this provision, the Interstate Commission’s chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll-call vote (reflected in the vote of each Member on the question). All documents considered in connection with any action shall be identified in such minutes. The Interstate Commission shall collect standardized data concerning the interstate movement of offenders as directed through its By-laws and Rules which shall specify the data to be collected, the means of collection and data exchange and report requirements. ARTICLE VIII RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION The Interstate Commission shall promulgate Rules in order to effectively and efficiently achieve the purposes of the Compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states; Rulemaking shall occur pursuant to the criteria set forth in this Article and the By-laws and Rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the Federal Administrative Procedure Act, 5 U.S.C. § 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C. app. 2, § 1 et seq., as may be amended (hereinafter “APA”). All Rules and amendments shall become binding as of the date specified in each Rule or amendment. If a majority of the legislatures of the Compacting States rejects a Rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such Rule shall have no further force and effect in any Compacting State. When promulgating a Rule, the Interstate Commission shall: * Publish the proposed Rule stating with particularity the text of the Rule which is proposed and the reason for the proposed Rule; * Allow persons to submit written data, facts, opinions and arguments, which information shall be publicly available; * Provide an opportunity for an informal hearing; and * Promulgate a final Rule and its effective date, if appropriate, based on the rulemaking record. Not later than 60 days after a Rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the Interstate Commission’s principal office is located for judicial review of such Rule. If the court finds that the Interstate Commission’s action is not supported by substantial evidence, (as defined in the APA), in the rulemaking record, the court shall hold the Rule unlawful and set it aside. Subjects to be addressed within 12 months after the first meeting must at a minimum include: * Notice to victims and opportunity to be heard; * Offender registration and compliance; * Violations/returns; * Transfer procedures and forms; * Eligibility for transfer; * Collection of restitution and fees from offenders; * Data collection and reporting; * The level of supervision to be provided by the receiving state; * Transition rules governing the operation of the Compact and the Interstate Commission during all or part of the period between the effective date of the Compact and the date on which the last eligible state adopts the Compact; * Mediation, arbitration and dispute resolution. The existing rules governing the operation of the previous Compact superseded by this Act shall be null and void 12 months after the first meeting of the Interstate Commission created hereunder. Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. ARTICLE IX OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION A. Oversight. The Interstate Commission shall oversee the interstate movement of adult offenders in the Compacting States and shall monitor such activities being administered in Non-Compacting States which may significantly affect Compacting States. The courts and executive agencies in each Compacting State shall enforce this Compact and shall take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. In any judicial or administrative proceeding in a Compacting State pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. B. Dispute Resolution. The Compacting States shall report to the Interstate Commission on issues or activities of concern to them, and cooperate with and support the Interstate Commission in the discharge of its duties and responsibilities. The Interstate Commission shall attempt to resolve any disputes or other issues which are subject to the Compact and which may arise among Compacting States and Non-Compacting States. The Interstate Commission shall enact a By-law or promulgate a Rule providing for both mediation and binding dispute resolution for disputes among the Compacting States. C. Enforcement. The Interstate Commission, in the reasonable exercise of its’ discretion, shall enforce the provisions of this Compact using any or all means set forth in Article XII, Section B, of this Compact. ARTICLE X FINANCE The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities. The Interstate Commission shall levy on and collect an annual assessment from each Compacting State to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each Compacting State and shall promulgate a Rule binding upon all Compacting States which governs said assessment. The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the Compacting States, except by and with the authority of the Compacting State. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its By-laws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission. ARTICLE XI COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT Any state, as defined in Article II of this compact, is eligible to become a Compacting State. The Compact shall become effective and binding upon legislative enactment of the Compact into law by no less than 35 of the States. The initial effective date shall be the later of July 1, 2001, or upon enactment into law of the Compact into law by that State. The governors of Non-Member states or their designees will be invited to participate in Interstate Commission activities on a non-voting basis prior to adoption of the compact by all states and territories of the United States. Amendments to the Compact may be proposed by the Interstate Commission for enactment by the Compacting States. No amendment shall become effective and binding upon the Interstate Commission and the Compacting States unless and until it is enacted into law by unanimous consent of the Compacting States. ARTICLE XII WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT A. Withdrawal. Once effective, the Compact shall continue in force and remain binding upon each and every Compacting State; PROVIDED, that a Compacting State may withdraw from the Compact (“Withdrawing State”) by enacting a statute specifically repealing the statute which enacted the Compact into law. The effective date of withdrawal is the effective date of the repeal. The Withdrawing State shall immediately notify the Chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this Compact in the Withdrawing State. The Interstate Commission shall notify the other Compacting States of the Withdrawing State’s intent to withdraw within sixty days of its receipt thereof. The Withdrawing State is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal. Reinstatement following withdrawal of any Compacting State shall occur upon the Withdrawing State re-enacting the Compact or upon such later date as determined by the Interstate Commission. B. Default. If the Interstate Commission determines that any Compacting State has at any time defaulted (“Defaulting State”) in the performance of any of its obligations or responsibilities under this Compact, the By-laws or any duly promulgated Rules the Interstate Commission may impose any or all of the following penalties: * Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission; * Remedial training and technical assistance as directed by the Interstate Commission; * Suspension and termination of membership in the compact; * Suspension shall be imposed only after all other reasonable means of securing compliance under the By-laws and Rules have been exhausted. Immediate notice of suspension shall be given by the Interstate Commission to the Governor, the Chief Justice or Chief Judicial Officer of the state; the majority and minority leaders of the defaulting state’s legislature, and the State Council. The grounds for default include, but are not limited to, failure of a Compacting State to perform such obligations or responsibilities imposed upon it by this Compact, Interstate Commission By-laws, or duly promulgated Rules. The Interstate Commission shall immediately notify the Defaulting State in writing of the penalty imposed by the Interstate Commission on the Defaulting State pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the Defaulting State must cure its default. If the Defaulting State fails to cure the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed herein, the Defaulting State may be terminated from the Compact upon an affirmative vote of a majority of the Compacting States and all rights, privileges and benefits conferred by this Compact shall be terminated from the effective date of suspension. Within 60 days of the effective date of termination of a Defaulting State, the Interstate Commission shall notify the Governor, the Chief Justice or Chief Judicial Officer and the Majority and Minority Leaders of the Defaulting State’s legislature and the state council of such termination. The Defaulting State is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination. The Interstate Commission shall not bear any costs relating to the Defaulting State unless otherwise mutually agreed upon between the Interstate Commission and the Defaulting State. Reinstatement following termination of any Compacting State requires both a re-enactment of the Compact by the Defaulting State and the approval of the Interstate Commission pursuant to the Rules. C. Judicial Enforcement. The Interstate Commission may, by majority vote of the Members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the Federal District where the Interstate Commission has its offices to enforce compliance with the provisions of the Compact, its duly promulgated Rules and By-laws, against any Compacting State in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys’ fees. D. Dissolution of Compact. The Compact dissolves effective upon the date of the withdrawal or default of the Compacting State which reduces membership in the Compact to one Compacting State. Upon the dissolution of this Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be wound up and any surplus funds shall be distributed in accordance with the By-laws. ARTICLE XIII SEVERABILITY AND CONSTRUCTION The provisions of this Compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable. The provisions of this Compact shall be liberally constructed to effectuate its purposes. ARTICLE XIV BINDING EFFECT OF COMPACT AND OTHER LAWS A. Other Laws. Nothing herein prevents the enforcement of any other law of a Compacting State that is not inconsistent with this Compact. All Compacting States’ laws conflicting with this Compact are superseded to the extent of the conflict. B. Binding Effect of the Compact. All lawful actions of the Interstate Commission, including all Rules and By-laws promulgated by the Interstate Commission, are binding upon the Compacting States. All agreements between the Interstate Commission and the Compacting States are binding in accordance with their terms. Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the Compacting States, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any Compacting State, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the Compacting State and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this Compact becomes effective.

Del. Code tit. 11, § 4359 Short title.

This subchapter may be cited as the “Interstate Compact for Adult Offender Supervision.”

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 4361 Board of Pardons; attendance of victims and witnesses.

(a) The Board of Pardons as constituted by article VII of the Constitution of this State shall have power to 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. (b) 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. (c) 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 the Superior Court is subject. (d) (1) Upon the application for a pardon, the Board shall notify the Superior Court and the Department of Justice of the application. (2) The Department of Justice, in cooperation with the Superior Court, shall send notice of the application for a pardon to each person who was a victim or witness of the offense that is the basis for the application for the pardon. For purposes of this section: a. “Offense” means a “crime” as defined in § 9401 of this title. b. “Representative of the victim” and “victim” mean as defined in § 9401 of this title. c. “Witness” means an individual who testified for the prosecution at the trial which is the basis for the application for the pardon. “Witness” does not include a law enforcement officer, an individual who testified merely as an expert witness, or any person who was merely a custodian of the evidence, with no knowledge of the circumstances of the offense. (3) The notice under paragraph (d)(2) of this section must contain the time, date, and place where the matter will be heard by the Board. a. If a victim or witness is known to be deceased, a child, or an individual who is unable to meaningfully understand or participate in the proceeding because of a physical, psychological, or mental impairment, a good faith effort must be made to send the notice required under paragraph (d)(2) of this section as follows: 1. To the representative of the victim. 2. To the parent, guardian, or custodian of the witness. b. Notice required under this section must be provided under § 9414(a) of this title. (4) Each victim or witness under paragraph (d)(2) of this section must be permitted to testify at the pardons hearing. A victim or witness may, in lieu of appearing before the Board, submit a written statement to the Board at any time before the hearing. (e) 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 the Superior Court. (f) Upon the request of the Board of Pardons, the Department, to the extent authorized by the Commissioner, shall make investigations and recommendations and report thereon with respect to any application before the Board of Pardons.

Del. Code tit. 11, § 4362 Mental health examinations.

(a) When the Board of Pardons considers for recommendation to the Governor, for pardon or commutation of sentence, any person who has been convicted of an act causing death (subpart B of subchapter II of Chapter 5 of this title); sexual offenses (subpart D of subchapter II of Chapter 5 of this title); kidnapping and related offenses (subpart E of subchapter II of Chapter 5 of this title); arson and related offenses (subpart A of subchapter III of Chapter 5 of this title); home invasion; burglary in the first degree; burglary in the second degree; robbery (subpart C of subchapter III of Chapter 5 of this title); offenses relating to children and vulnerable adults (subchapter V of Chapter 5 of this title); cruelty to animals; abusing a corpse; unlawful use of an incendiary device, bomb or other explosive device; abuse of children (Chapter 9 of Title 16); and distribution of a controlled substance to a person under age 18 (former § 4761 of Title 16 (repealed)); or for an attempt as provided by statute to commit any of these crimes, there shall be furnished to each member of the Board of Pardons and to the Governor, in case recommendation for a pardon or commutation of sentence be made, a copy of the report of the mental health examiner who has examined such person, as provided in subsection (b) of this section. (b) Prior to consideration by the Board of Pardons of any application for a pardon or a commutation of sentence made by any person who has been incarcerated for any of the crimes stated in subsection (a) of this section, such person shall be examined by a mental health examiner within a 12-month period immediately preceding consideration of such person’s case by the Board of Pardons. The Commissioner of the Department of Correction or the Commissioner’s designee may request the Director of the Delaware Psychiatric Center to cause examination and studies to be made. (c) Any mental health examiner who, pursuant to subsection (b) of this section, examines any applicant for a pardon or a commutation of sentence shall furnish to each member of the Board of Pardons a report containing their respective findings, opinions as to the mental and emotional health of the applicant, and opinions as to the probability of the applicant again committing any crime if released. If the Board of Pardons recommends a pardon or a commutation of sentence, a copy of any report submitted to the Board by any mental health examiner shall be provided to the Governor. (d) If examination and clinical studies as provided in this section cannot be made at the correctional institution, the prisoner may be transferred, under adequate security safeguards, to the Delaware Psychiatric Center for such examination and studies. (e) For the purposes of this section, a “mental health examiner” may be a psychiatrist, psychologist, licensed clinical social worker, psychiatric/mental health nurse practitioner, or licensed professional counselor of mental health.

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 4372 Applicability; definitions; effect of expungement.

(a) This subchapter applies to all criminal cases brought and convictions entered in a court in this State. (b) For the purposes of this subchapter, a case is “terminated in favor of the accused” only if 1 or more of the following occurs: (1) The accused is acquitted of all charges related to the case. (2) A nolle prosequi is entered on all charges related to the case. (3) The accused is placed on probation before judgment, fulfills the terms and conditions of probation, and the court enters an order discharging the person from probation. (4) All charges related to the case are otherwise dismissed. (5) The accused is acquitted of 1 or more charges related to the case, and the other charges are dismissed by the entry of a nolle prosequi or otherwise. (6) The accused is arrested for the commission of 1 or more crimes and no charges related to the matter for which the person was arrested are filed in any court within 1 year of the arrest. (7) Where a case is 7 or more years old and contains a charge or charges without a disposition or the disposition is listed as unknown, unobtainable, or pending. This paragraph (b)(7) does not apply if there is an active warrant in the case, if there is documented case activity within the last 12 months, or if there are charges in the case that were not terminated in favor of the accused. (c) For the purposes of this subchapter: (1) “Case” means a charge or set of charges related to a complaint or incident that are or could be properly joined for prosecution. (2) a. “Conviction” means as defined under § 222 of this title. b. “Conviction” does not include a case in which a person is adjudicated delinquent under § 1002 of Title 10. (3) “Criminal justice agencies” means as defined under § 8502 of this title. (4) “Expungement” means that all law-enforcement agency records and court records relating to a case in which an expungement is granted, including any electronic records, are destroyed, segregated, or placed in the custody of the State Bureau of Identification, and are not released in conjunction with any inquiry beyond those specifically authorized under this subchapter. (d) Except as otherwise provided under § 4376(a) of this title, a person is not required to disclose, nor should the person be asked to disclose, to anyone for any purpose that the person was arrested for, charged with, or convicted of an offense for which records have been expunged under this subchapter or any other provision of this Code. (e) (1) If a court issues an order expunging records, all the criminal records relating to a case specified in the order must, within 60 days of the order, be removed from the court’s files and placed in the control of the Supervisor of the State Bureau of Identification or otherwise segregated and kept in a manner that ensures that they are not open to public inspection or disclosure. The court may retain a nonpublic record of expungement orders. The court shall send a copy of its order of expungement to the Bureau, and shall consult with the Bureau to develop a standard form of order for expungements. Except as otherwise provided under § 4376 of this title, the Supervisor of the Bureau shall retain control over all expunged records and shall ensure that the records or information contained in the records are not released for any reason. (2) If the State Bureau of Identification determines that expungement is mandated under this subchapter, or receives an expungement order from a court, it shall promptly notify all courts and law-enforcement agencies where records pertaining to the case are located or maintained, and any court where the case was terminated, disposed of, or concluded. A court or law-enforcement agency which receives a notice of expungement from the Bureau shall provide the Bureau with written confirmation of the completion of the expungement. Where an expungement of a conviction is granted, all arrest records associated with any charge in that case must also be expunged. (3) If a court orders expungement, the State Bureau of Identification shall provide the court that entered the order with written confirmation of the execution of the order. The Bureau shall promptly notify the court if it is unable to comply with any order issued under this subchapter and state the reasons why it is unable to comply. (4) In response to a request from a non-law-enforcement officer for information or records on the person who received an expungement, all law-enforcement officers, law-enforcement agencies, and courts shall reply, with respect to the proceedings which are the subject of the order, that there is no record. (f) Exclusions. — Except as otherwise provided under § 4375 of this title, the following exclusions apply: (1) Except as otherwise provided under paragraph (b)(6) of this section, a person is not eligible for an expungement while the person has pending criminal charges. For purposes of this paragraph (f)(1), “pending criminal charges” does not include an alleged violation of any of the following: a. Section 904(e) or (f) of Title 4. b. Section 4764(c) of Title 16. c. A Title 21 offense. (2) Except as otherwise provided under § 4374(i) of this title, offenses under Title 21, or their equivalent, are not eligible for expungement. (3) A conviction for any of the following may not be expunged: a. Vehicular assault in the second degree under § 628A of this title. b. Incest under § 766 of this title. c. Unlawful sexual contact in the third degree under § 767 of this title. d. Coercion under § 791 of this title. e. Unlawfully dealing with a child under § 1106 of this title. (4) a. A person is not eligible for an expungement of a felony conviction if the person is convicted of the felony after the date an expungement of a prior felony conviction was granted. b. For an expungement of a conviction other than in the circumstances under paragraph (f)(4)a. of this section, a person is not eligible if the person has been granted an expungement of a prior conviction in the previous 10 years. This paragraph (f)(4)b. applies to a person who is granted an expungement after December 27, 2019. c. This paragraph (f)(4) does not apply to a person seeking an expungement under § 4373(a)(1) or (a)(2) of this title. (5) A person is not eligible for expungement if that person is currently serving a term of incarceration, parole, or probation. (g) A prior or subsequent conviction does not operate as a bar to eligibility for discretionary or mandatory expungement under this subchapter if the conviction is under any of the following: (1) Underage possession or consumption of alcohol under § 904(e) or (f) of Title 4. (2) Possession of a personal use quantity of marijuana under § 4764 of Title 16. (3) Possession of drug paraphernalia under § 4771 of Title 16. (h) A prior or subsequent conviction of a Title 21 offense does not operate as a bar to eligibility for discretionary or mandatory expungement under this subchapter. (i) Nothing in this subchapter is intended to operate to expand or limit the availability of expungement under any other part of the Code. (j) The grant of an expungement under this subchapter does not nullify any provision of an active protection from abuse order. (k) The grant of an expungement under this subchapter does not result in the automatic removal of an individual from the Child Protection Registry, established under subchapter II of Chapter 9 of Title 16, or the Adult Abuse Registry, established under § 8564 of this title. The fact an expungement has been granted may be considered with other relevant evidence as part of a petition for removal from the Child Protection Registry under § 929 of Title 16 or the Adult Abuse Registry under regulations adopted under § 8564(f) of this title. ( l ) For a conviction to be eligible for an expungement under this subchapter, all fines, fees, and restitution associated with the conviction must be paid. However, if an outstanding fine or fee is not yet satisfied due to reasons other than wilful noncompliance, but the person is otherwise eligible for an expungement, the court may grant the expungement and waive the fines or fees or convert outstanding financial obligations to a civil judgement.

Del. Code tit. 11, § 4373 Mandatory expungement; application through SBI.

(a) Eligibility. — (1) On an appropriate request to the State Bureau of Identification under this section, the Bureau shall expunge all charges relating to a case, even if a person has prior or subsequent convictions that are ineligible for expungement, if all other charges in the case are eligible for expungement under this subchapter, and 1 or more of the following apply: a. The person was arrested or charged with the commission of 1 or more crimes and the case is terminated in favor of the accused. b. The person was convicted of 1 or more violations relating to the same case and 3 years have passed since the date of conviction. c. The person was convicted of possession of marijuana under § 4764 of Title 16 or possession of drug paraphernalia under § 4771 of Title 16, or both in the same case. d. The person was convicted of underage possession or consumption of alcohol under § 904(e) or (f) of Title 4. (2) On an appropriate request to the State Bureau of Identification under this section, the Bureau shall expunge all charges relating to a case if the person has no prior or subsequent convictions that bar eligibility for expungement under this subchapter, all charges in the case are eligible for expungement under this subchapter, and 1 of the following applies: a. The person was convicted of 1 or more misdemeanors, or a combination of 1 or more misdemeanors and 1 or more violations, relating to the same case, 5 years have passed since the date of conviction. b. The person was convicted of drug possession under § 4756 of Title 16 and 5 years have passed since the date of conviction. c. The person was convicted of any of the following felonies and 10 years have passed since the date of conviction or the date of release from incarceration, whichever is later: 1. Miscellaneous drug crimes under § 4757 of Title 16. 2. Unlawful dealing in a counterfeit or purported controlled substance under § 4758 of Title 16. 3. Maintaining a drug property under § 4760 of Title 16. 4. Possession of burglar’s tools or instruments facilitating theft under § 828 of this title. 5. Forgery in the second degree under § 861(b)(2) of this title. 6. Unlawful use of payment card under § 903 of this title. (3) For purposes of determining eligibility for expungement under this subsection, any charge that is 7 or more years old and for which there is no disposition indicated or the disposition is listed as unknown, unobtainable, or pending shall be considered dismissed and shall not negatively affect expungement eligibility. This subsection does not apply if there is an active warrant in the case or if there is documented case activity within the last 12 months. (b) Exclusions. — In addition to the exclusions under § 4372(f) of this title, a conviction for any of the following is not eligible for mandatory expungement under this section: (1) A crime of domestic violence. For purposes of this section, a “crime of domestic violence”, means an offense that meets both of the following: a. Was committed by any of the following: 1. A member of the victim’s family, as “family” is defined under § 901 of Title 10, regardless, however, of the state of residence of the parties. 2. A former spouse of the victim. 3. A person who cohabited with the victim at the time of or within 3 years before the offense. 4. A person with a child in common with the victim. 5. A person with whom the victim had a substantive dating relationship, as defined under § 1041 of Title 10, at the time of or within 3 years before the offense. b. Is an offense under any of the following sections: § 601, § 602, § 603, § 611, § 614, § 621, § 625, § 628A, § 781, § 785, § 791, § 804, § 811, § 821, § 822, § 823, § 1271(3), § 1271A, § 1311, or § 2113 of this title. (2) Offenses where the victim is a child. (3) Offenses where the victim is a “vulnerable adult”, as defined under § 1105 of this title. (4) Any misdemeanor set forth in subparts A, B, C, or F of subchapter VI of Chapter 5 of this title. (5) Any of the following misdemeanors: a. Unlawfully administering drugs, under § 625 of this title, when the charged in conjunction with a sexual offense, as defined in § 761(f) of this title. b. Sexual harassment, under § 763 of this title. c. Indecent exposure in the second degree, under § 764 of this title. d. Indecent exposure in the first degree, under § 765 of this title. e. Trespassing with intent to peer or peep into a window or door of another, under § 820 of this title. f. Organized retail crime, under § 841B of this title. g. Home improvement fraud, under § 916 of this title. h. New home construction fraud, under § 917 of this title. i. Official misconduct under § 1211 of this title. j. Offenses against law-enforcement animals, under § 1250 of this title. k. Promoting prison contraband, under § 1256 of this title. l. Resisting arrest, under § 1257 of this title. m. Use of an animal to avoid capture, under § 1257A of this title. n. Hate crime, under § 1304 of this title. o. Malicious interference with emergency communication, under § 1313 of this title. p. Abusing a corpse, under § 1332 of this title. q. Violation of privacy, under § 1335 of this title. r. Lewdness, under § 1341 of this title. s. Patronizing a prostitute, under § 1343 of this title. t. Permitting prostitution, under § 1355 of this title. u. Carrying a concealed dangerous instrument, under § 1443 of this title. v. Unlawfully dealing with a dangerous weapon, under § 1445 of this title. w. Unlawfully permitting a minor access to a firearm, under § 1456 of this title. x. Possession of a weapon in a Safe School and Recreation Zone, under § 1457 of this title. (6) A felony conviction under paragraph (a)(2)c. of this section where the victim is an individual included under paragraphs (b)(1) through (b)(3) of this section. (c) If more than 1 case or arrest is eligible for expungement under this section, it may be combined into a single application for expungement. (d) The State Bureau of Identification shall promulgate procedures and forms relating to the implementation of this section. (e) The State Bureau of Identification may promulgate reasonable regulations and a reasonable fee schedule to accomplish the purposes of this section. (f) [Repealed.]

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 4374 Discretionary expungement; application to court.

(a) Eligibility. — Upon petition to the appropriate court designated in subsection (c) of this section, an expungement may be granted if the applicant meets 1 of the following: (1) Was convicted of 1 or more misdemeanors other than those listed in § 4373(b) of this title relating to the same case and at least 3 years have passed since the date of conviction or the date of release from incarceration, whichever is later, and the person has no prior or subsequent convictions. (2) Was convicted of 1 or more misdemeanors listed in § 4373(b) of this title relating to the same case and at least 7 years have passed since the date of conviction or the date of release from incarceration, whichever is later, and the person has no prior or subsequent convictions. (3) Subject to subsection (b) of this section, was convicted of a felony and at least 7 years have passed since the date of conviction or the date of release from incarceration, whichever is later, and the person has no prior or subsequent convictions. (4) Was convicted of 1 or more violations or misdemeanors other than those listed in § 4373(b) of this title in more than 1 case and at least 5 years have passed since the date of the most recent conviction or the date of release from incarceration, whichever is later, and the person has no other prior or subsequent convictions that would not be eligible for a mandatory expungement under § 4373 of this title standing alone. For eligibility under this paragraph, the entire case in which each conviction appears must be eligible for expungement. (b) Exclusions. — In addition to the exclusions under § 4372(f) of this title, a person is not eligible for discretionary expungement under this section if the person was convicted of any of the following crimes: (1) A Title 11 felony listed in § 4201(c) of this title. (2) Section 1136 of Title 16. (3) Section 3913 of Title 31. (4) A “felony conviction involving physical or sexual assault crimes” as defined in § 309 of Title 31 (regarding the Beau Biden Child Protection Act). (c) Venue. — If all of the charges and convictions sought to be expunged were disposed of in Family Court, a petition under this section must be filed in the Family Court for the county where the most recent case was terminated. If any of the charges or convictions were not disposed of in Family Court, a petition under this section must be filed in the Superior Court for the county where the most recent case was terminated. (d) Jurisdiction and authority. — (1) Where an expungement petition properly before the Family or Superior Court is granted, the expungement order applies to any record, including arrest records, relating to any charge in that case held by any court or law-enforcement agency in this State. (2) A person may file a petition for discretionary expungement under this section and include in the petition a case that is eligible for mandatory expungement under § 4373 of this title. The Family Court or Superior Court may address both the mandatory and discretionary expungement requests when a mandatory expungement is filed with a discretionary expungement petition. (e) After the petition requesting expungement is filed with the Superior or Family Court, the petitioner shall cause a copy of the petition to be served upon the Attorney General, who may file an objection or answer to the petition within 120 days after it is served on the Attorney General. The petitioner shall attach a copy of that petitioner’s criminal history as maintained by the State Bureau of Identification to any petition requesting expungement filed under this section. The Court shall summarily reject any petition for expungement that does not include the petitioner’s criminal history. Upon receipt of any petition, the Attorney General shall contact a victim of the crime under § 9414(a) of Title 11 to ascertain the victim’s position on the petition. The Attorney General shall provide the victim’s position, if known, in the Attorney General’s answer to the petition. The Attorney General shall promptly orally inform the victim of the court’s decision. The Attorney General may not provide the victim with a copy of the expungement order. For purposes of this subsection, “victim” means as defined in § 9401 of this title. (f) Unless the Court believes a hearing is necessary, petitions are to be disposed of without a hearing. If the Court finds that the continued existence and possible dissemination of information relating to the arrest or conviction of the petitioner causes, or may cause, circumstances which constitute a manifest injustice to the petitioner, it shall enter an order requiring the expungement of the law-enforcement and court records relating to the charge or case. Otherwise, it shall deny the petition. The burden is on the petitioner to allege specific facts in support of that petitioner’s allegation of manifest injustice, and the burden is on the petitioner to prove such manifest injustice by a preponderance of the evidence. A petition filed by the Attorney General or the Attorney General’s designee under subsection (h) of this section must be granted by the Court. (g) The State is made party defendant to the proceeding. Any party aggrieved by the decision of the Court may appeal, as provided by law in civil cases. (h) Notwithstanding any provision of this subchapter or any other statute or rule to the contrary, the Attorney General or the Attorney General’s designee responsible for prosecuting a criminal action may petition the Court to expunge the instant arrest record of a defendant if at the time of a state motion to dismiss or entry a nolle prosequi in the case, the prosecutor has determined that the continued existence and possible dissemination of information relating to the arrest of the defendant for the matter dismissed or for which a nolle prosequi was entered may cause circumstances which constitute a manifest injustice to the defendant. (i) (1) Notwithstanding any provision of this subchapter or any other law to the contrary, the law-enforcement agency records and the court records relating to any charge under Title 21, or in any county or municipal code, ordinance, or regulation which is the same as, or equivalent to, any Title 21 offense, may not be expunged under this subchapter unless the charge is one of those specifically enumerated in paragraph (i)(2) of this section. (2) Discretionary expungement under this section is applicable when otherwise appropriate for the following Title 21 offenses, or any county or municipal code, ordinance, or regulation which is the same as, or equivalent to, any of the following Title 21 offenses: a. Driving after judgment prohibited, under § 2810 of Title 21. b. Reckless driving, under § 4175 of Title 21. c. Operation of a motor vehicle causing death, under § 4176A of Title 21. d., e. [Repealed.] (j) The Superior Court and Family Court shall establish a reasonable fee schedule for the filing of a petition of expungement under this section. (k) For purposes of determining eligibility for expungement under this section, any charge that is 7 or more years old and for which there is no disposition indicated or the disposition is listed as unknown, unobtainable, or pending shall be considered dismissed and shall not negatively affect expungement eligibility in any case. This subsection does not apply if there is an active warrant in the case or if there is documented case activity within the last 12 months.

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 4376 Disclosure of expunged records.

(a) (1) Except for disclosure to law-enforcement officers acting in the lawful performance of their duties in investigating criminal activity or for the purpose of an employment application as an employee of a law-enforcement agency, it is unlawful for any person having or acquiring access to an expunged court or law-enforcement agency record to open or review it or to disclose to another person any information from it without an order from the court which ordered the record expunged. (2) In addition to such other lawful purposes as may be prescribed by law or otherwise, criminal justice agencies shall have access to the following: a. Records of expunged probations before judgment and past participation in the First Offenders Controlled Substance Diversion Program, First Offenders Domestic Violence Diversion Program, or a court-supervised drug diversion program for the purpose of determining whether a person is eligible for a probation before judgment, under § 4218 of this title; participation in the First Offenders Controlled Substance Diversion Program, under § 4767 of Title 16; participation in the First Offenders Domestic Violence Diversion Program, under § 1024 of Title 10; or participation in a court-supervised drug diversion program. b. For criminal justice agencies involved in the licensing of individuals to carry a concealed deadly weapon under § 1441 of this title, records of expunged cases for the purpose of determining whether an individual meets the requirements to be granted a license to carry a concealed deadly weapon. (b) Where disclosure to law-enforcement officers in the lawful performance of their duties in investigating criminal activity is permitted by subsection (a) of this section, such disclosure applies for the purpose of investigating particular criminal activity in which the person, whose records have been expunged, is considered a suspect or pursuant to an investigation of an employment application as an employee of a law-enforcement agency. (c) Nothing contained in this subchapter requires the destruction of photographs or fingerprints taken in connection with any felony arrest, or DNA taken under § 4713 of Title 29, and which are utilized solely by law-enforcement officers in the lawful performance of their duties in investigating criminal activity. (d) Nothing contained in this subchapter requires the destruction of court records or records of the Department of Justice. However, all such records, including docket books, relating to a charge or conviction which has been the subject of a destruction order must be so handled to ensure that they are not open to public inspection or disclosure. (e) An offense for which records have been expunged under this subchapter does not have to be disclosed by the person for any reason. (f) Any person who violates subsection (a) of this section is guilty of a class B misdemeanor, and must be punished accordingly. (g) The State Bureau of Identification shall make available to criminal justice agencies such electronic records as will enable criminal justice agencies to determine whether a person who seeks to participate in the First Offenders Controlled Substance Diversion Program, participate in the First Offenders Domestic Violence Diversion Program, obtain a probation before judgment disposition, or participate in a court-supervised drug diversion program has done so before and had the record expunged. (h) Notwithstanding subsection (a) of this section, if a defendant is convicted of an offense after an expungement is granted under this subchapter, the Supervisor of the State Bureau of Identification shall, upon request, provide all of the following with expunged records for the following purposes: (1) A court, the Attorney General, and the defendant, for use or consideration during the defendant’s sentencing. (2) The Governor or the Board of Pardons, for use or consideration if the defendant applies for a pardon for the subsequent offense.

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 4378 Expungement of offenses resolved by probation before judgment and the first offenders controlled substances diversion program [Repealed].

Repealed by 77 Del. Laws, c. 348, § 7, effective Oct. 10, 2010.

Del. Code tit. 11, § 4381 Earned good time.

(a) Subject to the limitations set forth in subsection (b) of this section, all sentences, other than a life sentence, imposed for any offense pursuant to any provision of this title, Title 16 and/or Title 21 may be reduced by good time credit under the provisions of this subchapter and rules and regulations adopted by the Commissioner of Corrections. This provision will apply regardless of any previously imposed statutory limitations set forth in this title, Title 16 or Title 21. (b) The awarding of good time credit set forth in subsection (a) of this section above will not apply to sentences imposed pursuant to § 4214 or § 4204(k) of this title or sentences imposed prior to the enactment of this statute. (c) “Good time” may be earned for good behavior while in the custody of the Department of Correction when the person has not been guilty of any violation of discipline, rules of the Department or any criminal activity and has labored with diligence toward rehabilitation according to the following conditions: (1) During the first year of any sentence, good time may be awarded at the rate of 2 days per month beginning on the first day of confinement. (2) After completing 365 days of any sentence, good time may be awarded at the rate of 3 days per month. (3) No person shall be awarded more than 36 days of good time under this subsection for good behavior in any 1 year consisting of 365 calendar days actually served. (d) “Good time” may be earned by participation in education, rehabilitation, work, or other programs as designated by the Commissioner. Good time may be awarded for satisfactory participation in approved programs at a rate of up to 10 days per calendar month. For offenders sentenced on or after August 8, 2012, up to 60 days of additional good time may be awarded for successful completion of an approved program designed to reduce recidivism. (e) No more than a total of 180 days of “good time” may be earned in any 1 year consisting of 365 days actually served. Good time credits shall be applied such that the resulting release date is not prior to the effective completion date of the offender’s approved program. For offenders serving multiple sentences, good time shall be credited to the consolidated time being served, rather than individually to each sentence. (f) Each person serving a sentence in the custody of the Department shall be provided a copy of all rules, policies, and procedures relating to the accrual and forfeiture of good time, notwithstanding § 4322 of this title, at the person’s initial classification and upon transfer to a different facility. The rules, policies, and procedures shall also be made available upon request of a person in custody. (g) The Department shall provide each person in its custody with a quarterly accounting of that inmate’s good time, including the good time accrued each month, total good time accrued, and any good time forfeited, together with the reason therefor. If the inmate believes the accounting is incorrect, the Department shall provide the inmate with an in-person meeting with a correctional counselor or designee to discuss and resolve any alleged discrepancy.

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 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. (b) (1) Persons under supervision may earn up to 30 days of credit for 30 days of compliance with conditions of supervision. (2) Earned compliance credit is forfeited on conviction of a new crime and may be forfeited on revocation of probation. (c) For any individual released on or after August 8, 2012, a period of conditional release must be served concurrently with the probationary period. (d) Earned compliance credit does not apply to any period of probation imposed for any of the following: (1) A sexual offense as defined in § 761 of this title. (2) A violent felony in this title as designated by § 4201(c) of this title. (3) An 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. (4) Such other categories of offenses as set forth in the rules and regulations adopted by the Department. (e) If an individual on probation is eligible to receive earned compliance credits, the Department shall notify the individual in writing that the individual is eligible to receive earned compliance credits. The Department shall notify an individual on probation of the individual’s earned compliance credit eligibility date when the Department calculates the date.

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 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.

Del. Code tit. 11, § 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.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title11/c043/sc01/index.htmlFetched: 10/4/2026

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