CHAPTER 316

FORMERLY

HOUSE BILL NO. 592

AN ACT TO AMEND CHAPTER 43, TITLE 11 OF THE DELAWARE CODE RELATING TO THE IMPOSITION BY A COURT OF A SENTENCE INVOLVING COMMUNITY SERVICE.

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

Section 1. Amend §4302, Subchapter I, Chapter 43, Title 11 of the Delaware Code by

adding a new paragraph (4) which shall read as follows:

"(4) 'Community service' means the performance of work or service for a non-profit or other tax-supported entity by an offender without pay for a specified period of time. Such service is intended as a symbolic form of restitution meant to serve as an appropriate means of punishment and rehabilitation of the offender and as a means of addressing the community's need to be made whole."

and by redesignating the numbered paragraphs contained in said section accordingly.

Section 2. Amend Subchapter III, Chapter 43, Title 11 of the Delaware Code by adding thereto a new section to be designated as "§4332A" which shall read as follows:

"§4332A. Imposition of Community Service.

(a) A court may impose a period of Community Service, as defined in this Chapter. either as a condition of probation or as the sole sanction imposed at sentencing.

(b) The specified number of hours of Community Service shall be fixed by the court, but in no case shall the total number of hours imposed exceed the maximum term of incarceration provided by law for the instant offense. In cases where no incarceration is provided by law, the number of hours of Community Service fixed by the court shall not exceed 100.

(c) In the event that Community Service is imposed by the court as a condition of probation, non-compliance with the Community Service Order shall constitute a violation of the conditions of probation.

(d) In the event that Community Service is imposed as the sole sanction by the court, non-compliance with the Community Service Order shall constitute criminal contempt.

(e) The Department shall, by the promulgation of regulations or other appropriate standards, administer and enforce the terms of all court orders involving the imposition of Community Service."

Approved July 10, 1990.