CHAPTER 353

WILMINGTON

AN ACT TO AMEND CHAPTER 67 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATIVE TO "THE CITY OF WILMINGTON," BY PROVIDING FOR THE SUSPENSION OF SENTENCES AND THE USE OF PROBATION IN CRIMINAL CASES "IN THE MUNICIPAL COURT FOR THE CITY OF WILMINGTON," AND MAKING THE VIOLATION OF THE TERMS OF PROBATION A MISDEMEANOR AND PROVIDING A PENALTY FOR SUCH VIOLATIONS.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all Members elected to each House concurring therein):

Section 1. That 2414, Sec. 6, Chapter 67 of the Revised Code of Delaware, 1935, be and the same is hereby amended by adding thereto the following subsections:

2414 (a) Sec. 6. (a) MEANING OF TERMS:--The word "probation" shall mean the placing of a defendant under the supervision of a probation officer by order of and under conditions imposed by the Municipal Court. The term "probation officer" shall include any duly appointed probation officer "Of the Municipal Court for the City of Wilmington."

2414 (b) Sec. 6. (b) PROBATION AND SUSPENSION OF SENTENCE:--In any case where a person has been found guilty of a crime, the Court may (1) place the defendant on probation, or (2) impose a fine applicable to the offense and also place the defendant on probation, or (3) suspend the imposition or the execution of sentence, provided that the court shall not suspend the execution of a sentence of imprisonment after the defendant has been imprisoned thereunder. With the consent of a defendant charged with crime the court may continue the case and place such defendant on probation before he has been found guilty.

2414 (c) Sec. 6. (c) INVESTIGATION:--When a probation officer is available to the court, no defendant shall be placed on probation until a written report of investigation by a probation officer shall have been presented to and considered by the court. The probation officer shall inquire into the circumstances of the offense, criminal record, social history and present condition of the defendant. Whenever practicable such investigation shall include a physical and mental examination of the defendant. If a defendant is committed to any institution the probation officer shall send a report of such investigation to the institution at the time of commitment.

2414 (d) Sec. 6. (d) CONDITIONS OF PROBATION AND SUSPENSION OF SENTENCE:--By order duly entered the court may impose and may at any time modify any conditions of probation or suspension of sentence in such manner as shall not be inconsistent with the welfare of the defendant or the community. The court shall cause a copy of any such order to be delivered to the probation officer.

2414 (e) Sec. 6. (e) TERMINATION OF PROBATION OR SUSPENSION OF SENTENCE, ARREST, SUBSEQUENT DISPOSITION: --The period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated by the court. Such period or periods with any extensions thereof shall not exceed one year.

At any time during the probation or suspension of sentence the court may issue a warrant and cause the defendant to be arrested for violating any of the conditions of probation or suspension of sentence. Any probation officer may arrest a probationer without a warrant or may deputize any other officer with power to arrest to do so by a written statement setting forth that the probationer has, in the judgment of said probation officer, violated the condition of probation. Such a written statement by the probation officer or the written statement deputizing any other officer to make the arrest, delivered to the authorities in charge of a New Castle County Workhouse or other appropriate place of detention, shall be sufficient warrant for the detention of said defendant. Such probation officer shall forthwith report such arrest and detention to the court and submit in writing a report showing in what manner the probationer has violated the conditions of probation. Thereupon, or upon an arrest by warrant as herein provided, the court shall cause the defendant to be brought before it and may revoke the probation or suspension of sentence and proceed to deal with the case as if there had been no probation or suspension of sentence, or in the event the defendant is adjudged guilty of violating the terms of his probation, he shall be deemed guilty of a misdemeanor and shall be fined a sum not to exceed $500.00 or, in the discretion of the court, be imprisoned for a term not exceeding three months, or fined and imprisoned.

Section 2. The powers and authority conferred upon the Municipal Court for the City of Wilmington under the provisions of this Act shall be in addition to the powers given to the said court by Article 1, Chapter 116 of the Revised Code of Delaware, 1935, relating to probation. No provision of the last mentioned article of Chapter 116 shall be construed as limiting the powers conferred upon the Municipal Court for the City of Wilmington as set forth in this Act.