§ 3901 Fixing term of imprisonment; credits.
(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
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.;
§ 3902 Solitary confinement.
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.
§ 3903 Delivery of copy of sentence to warden.
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.;
§ 3904 [Reserved.]
§ 3905 Instructions on separate issues of guilt and insanity; instructions on verdicts.
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.
§ 3906 Domestic violence offenses.
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.