CHAPTER 154

FORMERLY

SENATE BILL NO. 131

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SENTENCING IN CRIMINAL CASES.

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

Section 1. Amend Section 4204(k) of Title 11 of the Delaware Code by striking said subsection in its entirety, and by substituting in lieu thereof the following:

"(k)(1) Except as provided in this subsection, notwithstanding any statute, rule, regulation or guideline to the contrary, the Court may direct as a condition to a sentence of imprisonment to be served at Level V or otherwise that all or a specified portion of said sentence shalt be served without benefit of any form of early release, good time, furlough, work release, supervised custody, or any other form of reduction or diminution of sentence.

(2) For the purposes of this subsection, statutes which authorize early release, good time, furlough, work release, supervised custody, reduction or diminution of sentence include but arc not limited to 4205(h), 4205(i), 4206(g) and 4206(h), 4217, 4381, 6533, 6533A, 6537, 6538 and 6539 of this Title.

(0) The provisions of this subsection shall be applicable only to sentences of imprisonment at Level V for one year or less, or to sentences of imprisonment at Level V which arc equal to the statutory maximum level V sentence available for the crime or offense."

Approved July 9, 1997