CHAPTER 134

FORMERLY

SENATE BILL NO. 71

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 42, TITLE 11, OF THE DELAWARE CODE RELATING TO THE AUTHORIZED DISPOSITIONS OF CONVICTED OFFENDERS.

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

Section 1. Amend §4204(c) of Chapter 42, Title 11 of the Delaware Code by striking said Subsection (c) in its entirety and substituting in lieu thereof a new Subsection (c) to read as follows:

"(c) When a person is convicted of any offense other than a Class A felony the court may take the following action:

(1) Impose a sentence involving an Accountability Level I sanction. Such sanctions include imposition of a fine as provided by law for the offense or placement of the offender upon unsupervised probation with or without special conditions, or with or without the imposition of a fine as provided by law for the offense;

(2) Impose a sentence involving an Accountability Level II sanction. Such a sanction includes a placement of the offender upon supervised probation amounting to field supervision rather than intensive supervision, with or without special conditions, or with or without the imposition of a fine as provided by law for the offense;

(3) Impose a sentence involving an Accountability Level III sanction. Such sanctions include placement of the offender upon intensive supervision or placement of the offender upon community service, with or without special conditions, or with or without the imposition of a fine as provided by law for the offense. Such intensive supervision shall entail at least the equivalent of 1 hour of supervision per day and no more than 56 hours of supervision per week;

(4) Impose a sentence involving an Accountability Level IV sanction. Such sanctions include placement of the offender upon partial confinement under house arrest under the supervision of the Department of Correction or commitment of the offender to the Department of Correction under partial confinement to a half-way house or restitution center or placement of the offender in a residential treatment facility, all with or without special conditions, and all with or without the imposition of a fine as provided by law for the offense;

(1) Impose a sentence involving an Accountability Level V sanction. Such a sentence consists of the commitment of the offender to the Department of Correction for a period of incarceration, with or without the imposition of a fine provided by law for the offense;

(1) Impose a period of incarceration, with or without the imposition of a fine provided by law for the offense, and placement of the offender in a less restrictive sanction, with or without special conditions, to commence when he is released from incarceration;

(1) Suspend the imposition or execution of sentence, or suspend a portion thereof;

(2) Impose any sentence as authorized in this subsection to include any
special condition such as the payment of restitution to the victim or victims of the crime for which the offender is being sentenced and/or participation in a drug/alcohol outpatient treatment program, job training program, mental health treatment program, education program, community service program or other like programs. With regard to any such programs, the offender may be ordered to pay a fee covering, in whole or in part, the costs of such program and such fees shall be based upon the offender's ability to pay therefore;

(1) Whenever a victim of crime suffers a monetary loss as a result of the defendant's criminal conduct, the sentencing court shall impose as a special condition of the sentence that the defendant make payment of restitution to the victim in such amount as to make the victim whole, in so far as possible, for the loss sustained."

Section 2. Amend Section 4204, Chapter 42, Title 11, Delaware Code by striking the words "Department of Health and Social Services" wherever found in said Section 4204 and substituting in lieu thereof the words "Department of Correction."

Section 3. This Act shall become effective 90 days after its enactment into law.

Approved July 10, 1987.