Crimes and Criminal Procedure

Criminal Procedure Generally


Subchapter I. Purposes, Construction and Definitions

This chapter shall be construed to the end that the treatment of persons convicted of crime shall take into consideration their individual characteristics, circumstances, needs and potentialities as revealed by a case study, and that whenever it appears desirable in the light of the needs of public safety and their own welfare, such person shall be dealt with, at restricted liberty in the community, by a uniformly organized system of constructive rehabilitation, under probation or parole supervision instead of in a correctional institution.

11 Del. C. 1953, § 4301; 54 Del. Laws, c. 349, § 7.;

As used in this chapter:

(1) "Board of Pardons'' means that Board as established by the Constitution and laws.

(2) "Commissioner'' or "Commissioner of the Department'' means Commissioner of the Department of Correction.

(3) "Community service'' means the performance of work or service for a nonprofit 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.

(4) "Conditional release'' means the release of an offender from incarceration to the community by reason of diminution of the period of confinement through merit and good behavior credits. A person so released shall be known as a releasee.

(5) "Court'' means Superior Court, Family Court, Court of Common Pleas, or Justices of the Peace Courts.

(6) "Department'' means the Department of Correction.

(7) "Judge'' means any judge of any court as herein defined.

(8) "Law'' means the laws of this State, including any ordinance of any subdivision or municipality.

(9) "Merit and good behavior credits'' means that diminution of the period of confinement, as provided by law, by reason of industrious and cooperative conduct.

(10) "Offender'' means any person who has been brought within the jurisdiction of the Superior Court, Family Court, or Court of Common Pleas or within the scope of duties of the Board of Parole or the Board of Pardons.

(11) "Parole'' means the release by the Parole Board of an offender from incarceration to the community prior to the expiration of the offender's term, subject to the supervision and guidance of the Department. A person placed upon parole shall be known as a parolee.

(12) "Parole Board'' means the duly established Board of Parole as the paroling authority of the State.

(13) "Presentence investigation'' means the procedure by which the court, subsequent to conviction but prior to sentencing, obtains information concerning the offender sufficient to evaluate the offender's conduct and to determine the offender's potentialities for rehabilitation, with appropriate recommendations for judicial disposition. Said presentence investigation shall be embodied in a written report.

(14) "Probation'' means the sentencing without imprisonment of an offender by judgment of the court following establishment of guilt, subject to the conditions imposed by the court, including the supervision and guidance of the Department's field services. A person placed upon probation or under suspended sentence under supervision shall be known as a probationer.

(15) "Probation and parole officer'' means an employee of the Department with the qualifications, and having powers and responsibilities pertaining to investigation, supervision and otherwise, provided by law or determined by the Department within the scope of this chapter.

11 Del. C. 1953, § 4302; 54 Del. Laws, c. 349, § 7; 57 Del. Laws, c. 591, §§ 44-46; 59 Del. Laws, c. 370, § 1; 60 Del. Laws, c. 251, §§ 7-9; 66 Del. Laws, c. 233, § 2; 67 Del. Laws, c. 316, § 1; 67 Del. Laws, c. 442, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 176, §§ 18, 19; 78 Del. Laws, c. 305, § 1.;