CHAPTER 29

FORMERLY

HOUSE BILL NO. 35

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 43, PART II, TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PROCEDURE; AND PROVIDING FOR A HOUSE ARREST PROGRAM FOR NON-VIOLENT OFFENDERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §4332, Subchapter III, Chapter 43, Title 11 of the Delaware Code by adding thereto a new paragraph, which new paragraph shall read as follows:

The Department may adopt standards governing any program of house arrest for non-violent offenders. The pre-sentence 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 for non-violent offenders, regardless of the official or unofficial name of the program, shall include a reasonable monthly payment by each offender participating in the program; clear and consistent sanctions, when a participant in the program violates any of the conditions; and the ownership or leasing of all equipment by the Department of Correction."

Section 2. Amend §4347, Subchapter IV, Chapter 43, Title 11 of the Delaware Code by adding thereto a new subsection, designated as Subsection (j), which new subsection shall read as follows:

"(j) Each person who is eligible for parole or conditional release under the

provisions of this subchapter is eligible to be a candidate for appointment to the house arrest program for non-violent 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."

Section 3. Amend Chapter 43, Part II, Title 11 of the Delaware Code by adding thereto a new subchapter, designated as Subchapter IX, which new subchapter shall read as follows:

"SUBCHAPTER IX. HOUSE ARREST

§4391. Definitions

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(a) 'Crime of violence' shall mean 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.

(b) 'Good standing' shall mean 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:

(1) No pending warrants or charges;

(2) No major violations during the immediately preceding forty-five days;

(3) Adherence to all conditions of probation, work-release, and case plans.

(c) 'House arrest' or 'house arrest program' shall mean a form of intensive
supervised custody in the community, including surveillance on weekends, administered by intensive supervision officers. The house arrest program shall be limited to non-violent offenders; and shall be an individualized program in which the freedom of the offender is restricted within the stable approved place of residence of the non-violent offender; or within the stable approved place of residence of a parent, sibling or child of the non-violent offender, and specific sanctions are imposed and enforced.

(d) 'Non-violent offender' shall mean a person who is an applicant for the house arrest program, and who has been convicted of an offense which is not a crime of violence.

(e) 'Public service' shall mean that work which is required of an offender participating in the house arrest program; and shall include work which such offender is ordered to perform, without payment, for the benefit of the community, separate and apart from any paid employment which such 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 such offender. The words 'public service' shall include, but are not limited to, any of the following:

(1) work on any property or building owned or leased by the State, by any county or by a municipality, or by any non-profit organization or agency, or work for any program under the control or sponsorship of a charitable enterprise;

(2) work on a state, county, or municipally-owned road or highway;

(3) landscaping, maintenance or service work in any state, county or municipal park or recreation area;

(4) work in a state, county, or municipal hospital; or for any non-profit health or medical center or facility.

§4392. Huss_ Arrest: Identification and Selection of_Particioants

(a) Probation and Parole Officers shall identify any convicted person who has received a short-term sentence for a non-violent crime. Where the probation and parole officer, the Court or the Department has determined, immediately after sentencing, that such convicted person is eligible to be a candidate for the house arrest program, such person may be accepted into the program, with the Court's consent, prior to the transportation of such person to the corrections center.

(b) Any person committed to the corrections center to serve a short-term sentence for a non-violent crime shall be identified by the Classification Officer before or upon arrival at the corrections center, if such person has not already been identified prior to transportation to the corrections center.

(a) The sentencing judge, in sentencing an offender, may impose a house arrest sentence as an alternative to imprisonment.

§4393. Requirements for Participation in House Arrest

No person shall be eligible for the house arrest program unless such person meets the following requirements:

(a) Participation shall be voluntary;

(b) Participation shall be limited to the following types of offenders:

(1) individuals found guilty of non-violent crimes and who, due to the characteristics of the crime and/or the offender's background, would not be placed on regular probation;

(1) probation violators charged with technical or misdemeanor violations;

(1) parole violators charged with technical or misdemeanor violations.

§4394. EteqUirements_for Continued ParticioatiOn

(a) 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 counsellor as directed by the Court or by the Department."

Approved May 18, 1987.