TITLE 11
Crimes and Criminal Procedure
Criminal Procedure Generally
CHAPTER 39. Sentence, Judgment, Execution and Mandatory Testing
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 |
| 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 |
| 783A | Kidnapping in the first degree |
| 1254 | Assault in a detention facility |
| 1447A | Possession of a firearm during the commission of a felony if the firearm was used, displayed, or discharged during the commission of a Title 11 or Title 31 violent felony as set forth in § 4201(c) of this title. |
Notwithstanding the foregoing, where there are multiple victims, any sentence for each victim shall be consecutive to one another for the following crimes:
| Title 11, Section | Crime |
| 632 | Manslaughter |
(e) [Repealed.]
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; 82 Del. Laws, c. 66, § 1;(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 |
| 783A | Kidnapping in the first degree |
| 1254 | Assault in a detention facility |
| 1447A | Possession of a firearm or projectile weapon during the commission of a felony if the firearm or projectile weapon was used, displayed, or discharged during the commission of a Title 11 or Title 31 violent felony as set forth in § 4201(c) of this title. |
Notwithstanding the foregoing, where there are multiple victims, any sentence for each victim shall be consecutive to one another for the following crimes:
| Title 11, Section | Crime |
| 632 | Manslaughter |
(e) [Repealed.]
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; 82 Del. Laws, c. 66, § 1; 84 Del. Laws, c. 525, § 25;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;