CHAPTER 145

FORMERLY

HOUSE BILL NO. 389

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND §4106, TITLE 11 OF THE DELAWARE CODE ENTITLED, "DEFAULT IN PAYMENT OF FINE; INABILITY TO PAY FINE" BY CHANGING THE METHOD OF WORK PROGRAM PAYMENTS.

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

Section 1. Amend §4106, Chapter 11 of the Delaware Code, by repealing subsection (b) and substituting in lieu thereof the following:

(b) Where a person sentenced to pay a fine, costs or both, on conviction of a crime is unable or fails to pay such fine, costs or both, at the time of imposition of sentence or in accordance with the terms of payment set by the Court, the Court may order the person to report at any time to the Director of the Division of Corrections, Department of Health and Social Services, or a person designated by him, for work for a number and schedule of hours necessary to discharge the fine and costs imposed. In cases involving Justice of the Peace Courts, the Deputy Administrator thereof shall establish guidelines for the number of hours of work which may be assigned and the Courts shall adhere to said guidelines. The Division may approve public work assignments for convicted persons in accordance with subsection (c) of this section, whereupon the Director, or a person designated by him, may assign the convicted person to work under the supervision of any state, county or municipal agency on any project or assignment specifically certified for that purpose. The Division of Corrections shall not compensate any convicted person assigned to work under the supervision of any state, county or municipal agency, but shall credit such person with the number of hours of satisfactory service. When the number of such hours equals the number of hours imposed by the Court, the Division shall certify this fact to the appropriate Court, and the Court shall proceed as if the fines and costs had been paid in cash. Fines and costs successfully worked off in the above manner shall not be considered as receivables of the Court, but the records shall show the hours worked. Failure to comply with an Order of the Court made pursuant to this section shall be punishable as civil contempt, and all Courts shall have the power to punish as a civil contempt any convicted person who fails to comply with such an Order.

Approved July 6, 1973.