Crimes and Criminal Procedure

Criminal Procedure Generally


Subchapter I. Sentence, Judgment and Execution

(a) When imprisonment is a part of the sentence, the term shall be fixed, and the time of its commencement and ending specified. An act to be done at the expiration of a term of imprisonment shall be done on the last day thereof, unless it be Sunday, and in that case, the day previous. Months shall be reckoned as calendar months.

(b) All sentences for criminal offenses of persons who at the time sentence is imposed are held in custody in default of bail, or otherwise, shall begin to run and be computed from the date of incarceration for the offense for which said sentence shall be imposed, unless the person sentenced shall then be undergoing imprisonment under a sentence imposed for any other offense or offenses, in which case the said sentence shall begin to run and be computed, either from the date of imposition thereof or from the expiration of such other sentence or sentences, as the court shall, in its discretion, direct.

(c) Any period of actual incarceration of a person awaiting trial, who thereafter before trial or sentence succeeds in securing provisional liberty on bail, shall be credited to the person in determining the termination date of sentence. Where a prisoner is hospitalized, the time spent in an institution under involuntary restraint is to be credited to the person when calculating the sentence under this subsection.

(d) The court shall direct whether the sentence of confinement of any criminal defendant by any court of this State shall be made to run concurrently or consecutively with any other sentence of confinement imposed on such criminal defendant. Notwithstanding the foregoing, no sentence of confinement of any criminal defendant by any court of this State shall be made to run concurrently with any other sentence of confinement imposed on such criminal defendant for any conviction of the following crimes:

Title 11, Section               Crime

606               Abuse of a pregnant female in the first degree

613               Assault in the first degree

632               Manslaughter

635               Murder in the second degree

636               Murder in the first degree

772               Rape in the second degree

773               Rape in the first degree

777A               Sex offender unlawful sexual conduct against a child

778(1), (2) or (3)               Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree

783               Kidnapping in the second degree

783A               Kidnapping in the first degree

803               Arson in the first degree

825               Burglary in the second degree

826               Burglary in the first degree

826A               Home invasion

832               Robbery in the first degree

836               Carjacking in the first degree

1254               Assault in a detention facility

1447A               Possession of a firearm during the commission of a felony

or for any sentence for possession of a firearm by a person prohibited where the criminal defendant was previously convicted of a Title 11 violent felony.

(e) For purposes of this section, "Title 11 violent felony" means any Title 11 offense identified in § 4201(c) of this title, or any offense set forth under the laws of the United States, any other state or any territory of the United States which is the same as or equivalent to any of the offenses designated as a Title 11 offense identified in § 4201(c) of this title.

Code 1852, §§ 2931, 2932; Code 1915, § 4813; Code 1935, § 5301; 11 Del. C. 1953, § 3902; 49 Del. Laws, c. 244; 60 Del. Laws, c. 308, §§ 1, 2; 61 Del. Laws, c. 158, § 1; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 297, § 1.;

In every case of sentence to imprisonment for a term exceeding 3 months, the court may by the sentence direct that a certain portion of the term of imprisonment, not exceeding 3 months, shall be in solitary confinement; and any person so sentenced shall not be allowed to work during that portion of the term of imprisonment.

Code 1852, §§ 2927, 2929; 21 Del. Laws, c. 247, § 4; 27 Del. Laws, c. 271; Code 1915, §§ 4810, 4811; Code 1935, § 5299; 11 Del. C. 1953, § 3203.;

The Prothonotary shall deliver to the warden of the workhouse or jail in which the convicted person is to be confined a duly certified copy of the sentence in every criminal case.

Code 1852, § 2930; Code 1915, § 4812; 40 Del. Laws, c. 226, § 5; Code 1935, § 5300; 11 Del. C. 1953, § 3904.;

At the conclusion of a trial under this title, where warranted by the evidence, the charge to the jury shall contain instructions that shall consider separately the issues of guilt and the presence or absence of insanity, and shall also contain instructions as to the verdicts of "guilty;" "guilty, but mentally ill;" "not guilty by reason of insanity;" and "not guilty" with regard to the offense or offenses charged and, as required by law, any lesser included offenses.

63 Del. Laws, c. 328, § 3.;

The sentence for a second conviction for any crime or attempt to commit any crime hereinafter specifically named when such crime is committed by a member of the victim's family as defined by § 901(12) of Title 10, regardless of the state of residence of the parties; by a former spouse of the victim; by a person who cohabited with the victim at the time of the offense; or by a person with a child in common with the victim shall include completion of a psychocial assessment. Such crimes shall be:

(1) Any offense set forth in subchapter II of Chapter 5 of this title;

(2) Any offense set forth in subparts A and B of subchapter III of Chapter 5 of this title;

(3) Any offense set forth in subpart A of subchapter V of Chapter 5 of this title;

(4) Any offense set forth in § 1301, § 1311, § 1312 or § 1312A [transferred to § 1312] of this title, administered by any agency or batterer's intervention treatment provider certified by the Domestic Violence Coordinating Council, and adherence to all recommendations made in the completed assessment. The court shall impose any other appropriate legal sanction, including fines or incarceration, along with the required completion of the assessment.

Nothing in this section shall be construed to preclude a court from mandating this treatment in any first offense situation.

72 Del. Laws, c. 62, § 1.;