CHAPTER 244

RELATING TO TIME OF SENTENCE IN CRIMINAL CASES

AN ACT AMENDING CHAPTER 39, TITLE 11, DELAWARE CODE OF 1953, TO PROVIDE FOR INCLUDING IN THE SENTENCE THE PERIOD OF IMPRISONMENT WHILE AWAITING SENTENCE.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 3902, Title 11, Delaware Code of 1953, is amended by placing "(a)" before the first paragraph and adding the following new subsection:

(b) All sentences for criminal offenses of persons who at the time sentence is imposed are held in custody in default of bail, or otherwise, shall begin to run and be computed from the date of incarceration for the offense for which said sentence shall be imposed, unless the person sentenced shall then be undergoing imprisonment under a sentence imposed for any other offense or offenses, in which case the said sentence shall begin to run and be computed, either from the date of imposition thereof or from the expiration of such other sentence or sentences, as the court shall, in its discretion, direct.

Any period of actual incarceration of a person awaiting trial, who thereafter before trial or sentence succeeds in securing provisional liberty on bail, shall be credited to him in determining the termination date of sentence.

Where a prisoner is hospitalized, the time spent in an institution under involuntary restraint is to be credited to him when calculating his sentence under the provisions of this subsection.

Approved July 1, 1953.