CHAPTER 319

RELATING TO NON-PAYMENT OF FINES AND COSTS

AN ACT TO AMEND CHAPTER 41, TITLE 11, DELAWARE CODE, RELATING TO NON-PAYMENT OF FINES AND COSTS; IMPRISONMENT AND DISCHARGE.

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

Section 1. § 4103, Title 11, Delaware Code, is hereby repealed and a new § 4103 enacted in lieu thereof to read as follows:

§ 4103. Non-payment of fines and costs; imprisonment and discharge

(a) Upon sentencing any person convicted of crime to pay a fine or costs, or to pay restitution money, the Superior Court, any Court of Common Pleas, the Family Court for New Castle County, the Juvenile Court of Kent and Sussex Counties, or the Municipal Court of the City of Wilmington, may, if no term of imprisonment for non-payment of such fine, or costs, or restitution money, shall be otherwise fixed by law, make an order that in default of the payment of such fine, or costs, or restitution money, such person shall be imprisoned for a term not exceeding one year and then discharged.

(b) Upon sentencing any person convicted of crime to pay a fine or costs, or to pay restitution money, a justice of the peace, any municipal or alderman's court other than the Municipal Court of the City of Wilmington or any other statutorily-created court having jurisdiction in criminal cases, may, if no term of imprisonment for non-payment of such fine, or costs, or restitution money, shall be otherwise fixed by law, make an order that in default of the payment of such fine, or costs, or restitution money, the person so sentenced shall be imprisoned, if the fine shall not exceed $100, for a term not exceeding thirty days, or, if the fine shall exceed $100, for a term not less than thirty days or more than ninety days, and then discharged.

(c) If no such order of imprisonment for non-payment of any such fine, or costs, or restitution money shall have been made by the court, justice of the peace, or alderman imposing the sentence, such court, justice of the peace or alderman, as the case may be, may make an order discharging the prisoner from custody upon petition of the prisoner and proof of his inability to pay the fine, restitution money, and costs.

Approved February 6, 1958.