TITLE 11

Crimes and Criminal Procedure

Criminal Procedure Generally

CHAPTER 43. SENTENCING, PROBATION, PAROLE AND PARDONS

Subchapter IX. House Arrest


The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) "Crime of violence'' shall mean any crime which involves the use or threat of physical force or violence against any individual. For purposes of this subchapter, no motor vehicle offense is a crime of violence where it is not a part of an additional crime.

(2) "Good standing'' shall mean that an offender participating in the house arrest program has, at the time such person entered the program and continuously thereafter, met the following qualifications:

a. No pending warrants or charges;

b. No major violations during the immediately preceding 45 days;

c. Adherence to all conditions of probation, work-release and case plans.

(3) "House arrest'' or "house arrest program'' shall mean a form of intensive supervised custody in the community, including surveillance on weekends, administered by intensive supervision officers. The house arrest program shall be limited to nonviolent offenders and shall be an individual program in which the freedom of the offender is restricted within the stable, approved place of residence of the nonviolent offender or within the stable, approved place of residence of a parent, sibling or child of the nonviolent offender and in which specific sanctions are imposed and enforced.

(4) "Nonviolent offender'' shall mean a person who is an applicant for the house arrest program and who has been convicted of an offense which is not a crime of violence.

(5) "Public service'' shall mean that work which is required of an offender participating in the house arrest program and shall include work which such offender is ordered to perform, without payment, for the benefit of the community, separate and apart from any paid employment which such offender may be permitted to obtain. All public service work shall be performed for designated tax-supported or tax-exempt entities which have entered into an informal agreement with the Department to administer the work performed by such offender. The words "public service'' shall include, but are not limited to, any of the following:

a. Work on any property or building owned or leased by the State, by any county or by a municipality or by any nonprofit organization or agency or work for any program under the control or sponsorship of a charitable enterprise;

b. Work on a state, county or municipally-owned road or highway;

c. Landscaping, maintenance or service work in any state, county or municipal park or recreation areas;

d. Work in a state, county or municipal hospital or for any nonprofit health or medical center or facility.

66 Del. Laws, c. 29, § 3.;

(a) An offender sentenced to supervision Level I, II or III is not eligible for house arrest placement unless specifically ordered by the sentencing judge, or as a result of administrative detention under § 4334(d) of this title.

(b) Any person committed to the corrections center to serve a short-term sentence for a nonviolent crime shall be identified by the classification officer before or upon arrival at the corrections center if such person has not already been identified prior to transportation to the corrections center.

(c) The sentencing judge, in sentencing an offender, may impose a house arrest sentence as an alternative to imprisonment.

66 Del. Laws, c. 29, § 3; 76 Del. Laws, c. 399, § 2; 78 Del. Laws, c. 392, § 13.;

(a) No person shall be eligible for the house arrest program unless such person meets the following requirements:

(1) Participation shall be voluntary;

(2) Participation shall be limited to the following types of offenders:

a. Individuals found guilty of nonviolent crimes and who, due to the characteristics of the crime and/or the offender's background, would not be placed on regular probation;

b. Probation violators charged with technical or misdemeanor violations;

c. Parole violators charged with technical or misdemeanor violations.

(b) The supervision of offenders assigned to home confinement and the use of the electronic monitoring devices shall be restricted to the area within the geographical boundaries of the State unless otherwise determined by the Commissioner of the Department of Correction.

66 Del. Laws, c. 29, § 3; 73 Del. Laws, c. 320, § 3.;

No person shall remain in the house arrest program if such person fails to meet any of the following conditions:

(1) Each participant shall perform whatever community service work is assigned by the court or by the Department;

(2) Each participant shall remain confined to the residence approved by the program, except for approved employment, public service work or other special activities approved by the program;

(3) Each participant shall make such regular restitution payments to each victim or victims of the crime as are determined by the court;

(4) Each participant shall have an approved, stable residence;

(5) Each participant shall have stable employment as defined by Department rules and regulations;

(6) Each participant shall remain in good standing as a condition of continued participation in the program;

(7) Each person in a house arrest program shall participate in all counselling activities and requirements, including such group programs and meetings as are directed by the court or by the Department;

(8) Each participant shall report to a designated officer as directed by the court or by the Department.

66 Del. Laws, c. 29, § 3; 67 Del. Laws, c. 442, § 2.;