TITLE 11

Crimes and Criminal Procedure

Criminal Procedure Generally

CHAPTER 41. Fines, Costs, Penalties and Forfeitures

Subchapter I. General Provisions

§ 4101. Payment of fines, fees, costs, assessments, and restitution on conviction.

(a) On conviction on indictment or information for any crime or offense, a defendant must pay all costs imposed by a court.

(b) (1) When a court sentence includes a fine, fee, cost, assessment, or restitution, the full amount imposed becomes a judgement against the defendant immediately on sentencing.

(2) A judgment under this subsection is executable, enforceable, or transferable by the State in the same manner as other judgments of the court.

(3) If not paid promptly on its imposition or in accordance with the terms of the order of the court, or immediately if so requested by the State, the clerk or Prothonotary may cause the judgment to be entered on the civil judgment docket of the court. If a stay of execution is otherwise permitted by law, the stay may not be granted as a matter of right but only within the discretion of the court.

(4) If the court imposing a sentence to pay a fine, fee, cost, assessment, or restitution does not have a civil docket for the entry of a judgment, then the court may immediately transfer the judgment to the civil judgment docket of an appropriate court, as determined by the court imposing the sentence.

(5) Judgments docketed under this subsection are exempt from the provisions of § 4711 of Title 10, which mandate the expiration of judgments and require the renewal of judgments; however, no such judgment will attach to a parcel of real property for more than 7 years after the convicted person has sold, transferred, or lost ownership interest in that specific parcel of real property.

(c) The provisions of this section are cumulative and shall not impair any judgment given upon any conviction.

(d) In addition to, and at the same time as, any fine, penalty or forfeiture is assessed to any criminal defendant or any child adjudicated delinquent, there shall be levied an additional penalty of $1.00 imposed and collected by the courts for crimes or offenses as defined in § 233 of this title. When a fine, penalty or forfeiture is suspended, in whole or in part, the penalty assessment shall not be suspended.

(1) Upon collection of the penalty assessment, the same shall be paid over to the prothonotary or clerk of courts, as the case may be, who shall collect the same and transmit it to the State Treasury to be deposited in a separate account for the administration of this subsection, which account shall be designated the “Videophone Fund,” which is hereby created. This fund is to be administered by the Criminal Justice Council. Funds shall be utilized to cover line charges, maintenance costs and purchase and upgrade of videophone systems used by state and local agencies in the criminal justice system.

(2) For each fiscal year, if the balance in the Videophone Fund exceeds $250,000, said funds shall be transferred to the General Fund of the State of Delaware on June 30. The Criminal Justice Council shall submit a detailed spending plan for the use of the videophone funds to the Director of the Office of Management and Budget and Controller General no later than September 30 of each fiscal year. No funds shall be expended until the plan is approved by the Director of the Office of Management and Budget and the Controller General.

(3) The courts may expunge the record of any videophone assessment which remains uncollected for a period in excess of 3 years.

(e) (1) If any school teacher or administrator who holds a license or certificate under Title 14 or who is a teacher or administrator in a charter school but is exempt from licensing under § 507(c) of Title 14 or is a teacher or administrator employed by any state agency or under contract to a state agency is convicted of a violation of § 904(c) of Title 4 as a felony offense in this title, any offense in Chapter 47 of Title 16, and/or any offense in the Delaware Code that is a crime against a child, or a similar statute of another state, commonwealth or the District of Columbia, the court shall forward a copy of the conviction data to the employing school district’s superintendent, school person-in-charge or state agency head.

(2) If the arrest and conviction occurs outside the State of Delaware, the teacher or administrator shall notify the superintendent, school person-in-charge or state agency head by providing copies of the conviction documents and sentence.

A teacher or administrator who fails to comply with paragraph (e)(2) of this section shall be guilty of a violation.

(f) In addition to, and at the same time as, any fine, penalty or forfeiture is assessed to any criminal or traffic defendant or any child adjudicated delinquent, there shall be levied an additional penalty of $1.00 imposed and collected by the courts for crimes or offenses as defined in § 233 of this title. When a fine, penalty or forfeiture is suspended, in whole or in part, the penalty assessment shall not be suspended.

(1) Upon collection of the penalty assessment, the same shall be paid over to the prothonotary or clerk of courts, as the case may be, who shall collect the same and transmit it to the State Treasury to be deposited in a separate account for the administration of this subsection, which account shall be designated the “DELJIS Fund”, which is hereby created. The Fund is to be administered by the DELJIS Director. Funds shall be utilized to cover line charges, maintenance costs and upgrading of software and hardware that comprise the system known as the Criminal Justice Information System (CJIS) utilized by state and local law-enforcement agencies in addition to all agencies designated as “Criminal Justice Agencies”.

(2) For each fiscal year, if the balance in the DELJIS Fund exceeds $250,000, said funds shall be transferred to the General Fund of the State on June 30. The DELJIS Director shall submit a detailed spending plan for the use of the DELJIS funds to the Director of the Office of Management and Budget and Controller General no later than September 30 of each fiscal year. No funds shall be expended until the plan is approved by the Director of the Office of Management and Budget and the Controller General.

(g) (1) In addition to, and at the same time as any fine, penalty or forfeiture is assessed to a criminal defendant, recipient of a civil offense, or any child adjudicated delinquent, there shall be levied an additional surcharge of 50% of the fine for the Transportation Trust Fund imposed and collected for any violations of Title 21.

(2) For fiscal years ending prior to July 1, 2008, no more than $1.5 million of the surcharge collected under this Section shall be deposited into the Transportation Trust Fund. Any amount in excess of $1.5 million collected prior to July 1, 2008, shall be deposited into the General Fund.

(3) If a fine or penalty is waived in whole or in part, the court may, in its discretion, waive up to the same percentage of the assessment.

(h) In addition to, and at the same time as, any fine or other penalty is assessed to any criminal or traffic defendant or any child adjudicated delinquent, there shall be levied an additional penalty of $15 imposed and collected by the courts for each crime and offense as defined in § 233 of this title or for any civil violation or civil penalty under this title, subchapters IV and V of Chapter 47 of Title 16, or Title 21. When a fine or other penalty is suspended in whole or in part, the penalty assessment may not be suspended, except for a violation of § 4129 of Title 21.

(1) Upon collection of the penalty assessment, the assessment must be paid over to the prothonotary or clerk of courts, as the case may be, who shall collect the same and transmit it to the State Treasury to be deposited in a separate account for the administration of this subsection, which account shall be designated the “Fund to Combat Violent Crimes,” which is hereby created.

(2) One-half of the Fund, but no more than $2,125,000 per year, shall be distributed to the Department of Safety and Homeland Security for use in connection with initiatives to combat violent crime. Funds distributed to the Department of Safety and Homeland Security hereunder may be used to cover salaries, overtime and other salary costs, expenses, equipment, and supplies for state troopers and other personnel.

(3) One-half of the Fund, but no more than $2,125,000 per year, shall be distributed to local law-enforcement agencies for use in connection with initiatives to combat violent crime. Funds may be used to cover overtime, expenses, equipment and supplies, and as otherwise set forth in paragraph (h)(6) of this section.

(4) The Fund to Combat Violent Crimes Committee shall administer the moneys distributable to local law-enforcement agencies hereunder. The Committee shall be comprised of 5 members, namely the Secretary of the Department of Safety and Homeland Security, the Superintendent of the Delaware State Police, the Attorney General, the President of the Delaware Police Chiefs Council and the President of the Delaware State Lodge of the Fraternal Order of Police, or the respective designees of such members. The Secretary of the Department of Safety and Homeland Security shall be the chairperson of the Committee.

a. All local law-enforcement agencies seeking funds hereunder shall submit a yearly request for funding to the Committee. Such request shall include, without limitation:

1. A detailed description of how the requested funds will be used by the local law-enforcement agency to combat violent crime;

2. The amount of any and all funds received by said local law-enforcement agency from the Fund during the previous 5 fiscal years; and

3. The name of the local law-enforcement agency requesting said funds and the name of the individual in such agency who shall be responsible for keeping accurate records as to the use of said funds.

b. In addition, prior to receiving any funds hereunder in any fiscal year, all local law-enforcement agencies shall certify in writing to the Committee that:

1. Funds received from the Fund to Combat Violent Crimes will supplement, not supplant, any nonstate funding to local law-enforcement agencies that would otherwise be available for activities funded under this paragraph;

2. The award of any funds hereunder shall not guarantee that funding shall be available to the same extent in future fiscal years;

3. The responsibility for any future decrease in funding shall be borne by the local law-enforcement agency, not the State.

c. The Committee may require such additional information from local law-enforcement agencies, and may otherwise adopt such procedures and forms, as shall be necessary for the effective administration of this paragraph.

(5) If a majority of the Committee determines that all of the funds requested by a local law-enforcement agency will be used for purposes permitted hereunder, the Committee shall authorize payment to each local law-enforcement agency as follows:

a. Each full-time local law-enforcement agency shall receive $15,000 per year and each part-time local law-enforcement agency shall receive $7,500 per year.

b. All funds in excess of the amounts set forth above shall be distributed to local law-enforcement agencies on a pro rata basis, based upon the local law-enforcement agency’s actual strength of full-time sworn officers.

(6) Local law-enforcement agencies shall not be permitted to use moneys hereunder to cover salaries or other salary costs, except overtime, unless the Committee:

a. Determines that sufficient funding is available from the Fund to Combat Violent Crimes to support such expenditures on a long-term basis; and

b. Issues a written opinion to that effect, signed by all of the members of the Committee and provided to the Governor and the chair and co-chair of the Joint Finance Committee, no earlier than June 30, 2012.

(7) Any funds granted to a local law-enforcement agency pursuant to paragraphs (h)(5) and (6) of this section that are not fully expended within 12 months of receipt thereof must be returned by the agency to the Fund to Combat Violent Crimes within 60 days, unless the agency has requested and has received an authorization in writing for an extension of up to 120 days by the Committee.

(8) Notwithstanding anything to the contrary herein, no more than $4.25 million of the funds collected under this paragraph in each fiscal year shall be deposited into the Fund to Combat Violent Crimes. Any amount in excess of $4.25 million in each fiscal year shall be deposited into the General Fund.

(9) For purposes of this subsection:

a. “Full-time local law-enforcement agency” shall mean any local law-enforcement agency providing continuous, 24-hour coverage to a county or municipality.

b. “Fund” shall mean the Fund to Combat Violent Crimes.

c. “Initiative to combat violent crime” means any initiative, plan, proposal, operation, or strategy designed to reduce the prevalence of 1 or more offenses classified as “violent felonies” under § 4201(c) of this title.

d. “Local law-enforcement agency” means any county or municipal police department within this State, but does not include any county sheriff’s office.

e. “Part-time local law-enforcement agency” shall mean any local law-enforcement agency providing less than continuous, 24-hour coverage to a county or municipality.

(i) Prior to any fine, penalty or forfeiture being assessed a criminal defendant or any child adjudicated delinquent, the Attorney General or other prosecuting agency shall notify the court if the victim was 62 years of age or older. In addition to, and at the same time as, any fine, penalty or forfeiture is assessed to any criminal defendant or any child adjudicated delinquent, there shall be levied an additional penalty of $100 imposed and collected by the courts for crimes or offenses in Chapter 5 of Title 11 where the victim was 62 years of age or older. When a fine, penalty or forfeiture is suspended, in whole or in part, the penalty assessment under this subsection shall not be suspended.

(1) Upon collection of the penalty assessment, the same shall be paid over to the prothonotary or clerk of courts, as the case may be, who shall collect the same and transmit it to the State Treasury to be deposited in a separate account for the administration of this subsection, which account shall be designated the “Senior Trust Fund”, which is hereby created. The Fund is to be administered by the Director of the Division of Services for Aging and Adults with Physical Disabilities. The Fund shall be utilized in providing assistance for new or expanded programs on or after October 1, 2012, for the senior population. The Senior Trust Fund must be used to support the direct provision of aging services by community based service organizations.

(2) [Repealed.]

(j) In addition to, and at the same time as any fine, penalty, or forfeiture assessed to a criminal defendant or recipient of a civil offense, there shall be levied an additional penalty of $10 imposed and collected for any violations of Title 21. When a fine, penalty, or forfeiture is suspended, in whole or in part, this penalty assessment may not be suspended, except for a violation of § 4129 of Title 21.

(1) This penalty assessment shall, for collection purposes, have first priority over all other penalty assessments created by this section and shall:

a. Have first priority after payments to the Victim Compensation Fund and restitution, consistent with § 4106(c) of this title, and the Court Security Fund, created by § 8505 of Title 10; and

b. Have priority over all other penalty assessments, costs, or fees established by an act of the General Assembly.

(2) Upon collection of this penalty assessment, the assessment must be paid over to the State Treasury to be deposited in a separate account for the administration of this subsection, which account shall be designated as the “Volunteer Ambulance Company Fund” (Fund), which is hereby created.

(3) The Fund shall be administered by the State Fire Prevention Commission. The Commission shall pay the moneys from the Fund directly to each volunteer ambulance company in this State in proportion to the number of ambulance runs by a volunteer ambulance company out of the total number of ambulance runs by all volunteer ambulance companies in this State.

(4) For the purposes of this subsection:

a. “Ambulance runs” means volunteer ambulance company responses to dispatched calls for service.

b. “Basic life support (BLS)” shall have the same meaning as set forth in § 9702 of Title 16.

c. “Volunteer ambulance company” means a nonprofit ambulance company that is certified by the State Fire Prevention Commission and is providing basic life support (BLS) services.

Code 1852, §§  2939-2941;  Code 1915, §  4816;  Code 1935, §  5304;  11 Del. C. 1953, §  4101;  57 Del. Laws, c. 508, §§  1, 263 Del. Laws, c. 140, §  163 Del. Laws, c. 141, §  670 Del. Laws, c. 461, §  171 Del. Laws, c. 43, §  271 Del. Laws, c. 387, §  174 Del. Laws, c. 27, §§  7, 874 Del. Laws, c. 68, §  7075 Del. Laws, c. 88, §  21(6)75 Del. Laws, c. 424, §  176 Del. Laws, c. 77, §  176 Del. Laws, c. 133, §  178 Del. Laws, c. 160, §  178 Del. Laws, c. 239, §  179 Del. Laws, c. 436, §  180 Del. Laws, c. 74, §  180 Del. Laws, c. 276, §§ 1, 281 Del. Laws, c. 34, § 183 Del. Laws, c. 54, § 18083 Del. Laws, c. 283, § 1383 Del. Laws, c. 441, § 583 Del. Laws, c. 497, § 1A

§ 4102. Payment of costs upon acquittal.

(a) If, upon indictment or information, the defendant is acquitted, the costs shall be paid by the county.

(b) In cases of surety of the peace (which are herein deemed to be cases of a criminal nature) the court may order that the costs shall be paid by the defendant or by the prosecutor or by the county, as it deems just.

Code 1852, §§  2942, 2943;  20 Del. Laws, c. 596;  Code 1915, §  4817;  Code 1935, §  5305;  11 Del. C. 1953, §  4102;  63 Del. Laws, c. 140, §  1

§ 4103. Refund of fines upon reversal of conviction.

(a) The State Treasurer shall remit to each person, or to the attorney of such person, who has paid a fine upon a conviction which was later set aside by a court of higher jurisdiction upon a certiorari or appeal from the lower court.

(b) The State Treasurer shall pay the refund upon proper voucher drawn by the person, or by the attorney of such person, upon whom the fine was originally imposed when the voucher is accompanied by a certificate of the Prothonotary of any of the several counties showing that the conviction of the lower court upon which the fine was imposed has been set aside by a higher court.

(c) The State Treasurer shall remit the amount of any fine or costs to each person, or the attorney of such person, who has paid a fine upon conviction before a justice of the peace, which conviction was later set aside by the same Justice of the Peace Court. The State Treasurer shall pay such refund upon proper voucher drawn by such person, or by the attorney of such person, upon whom the fine was originally imposed when the voucher is accompanied by a certified copy of the docket entries of the case in the Justice of the Peace Court showing the setting aside of the conviction, together with the certificate of the Clerk of the Justice of the Peace Court, verifying the final disposition of the case, and stating that the remittance of the fine or costs to such person is proper.

(d) The State Treasurer shall remit the amount of any fine or costs to each person, or the attorney of such person, who has paid a fine upon conviction in the Court of Common Pleas, which conviction was later set aside by the Court of Common Pleas. The State Treasurer shall pay such refund upon proper voucher drawn by such person, or by the attorney of such person, upon whom the fine was originally imposed when the voucher is accompanied by a certified copy of the docket entries of the case in the Court of Common Pleas showing the setting aside of the conviction together with the certificate of the Clerk of the Court of Common Pleas verifying the final disposition of the case and stating that the remittance of the fine or costs to such person is proper.

48 Del. Laws, c. 278, §§  1, 2;  11 Del. C. 1953, §  4104;  56 Del. Laws, c. 39458 Del. Laws, c. 21063 Del. Laws, c. 140, §  178 Del. Laws, c. 243, §  1

§ 4104. Fines, fees, costs, assessments, or restitution; how collected; suspending driver’s license for nonpayment prohibited. [Effective until Apr. 23, 2023].

(a) When a court imposes a fine, costs or restitution upon a defendant, the court or justice of the peace may direct as follows:

(1) That the defendant pay the entire amount at the time sentence is imposed;

(2) That the defendant pay a specified portion of the fine, costs or restitution at designated periodic intervals, and in such case may direct that the fine, costs or restitution be remitted to a probation officer who shall report to the court, at such periods as the court may direct, any failure to comply with the orders; or

(3) Where the defendant is sentenced to a period of probation as well as fine, costs or restitution that payment of the fines, costs or restitution shall be a condition of the probation.

(b) Any court, including a justice of the peace, may, in its discretion, permit any person sentenced to pay a fine upon conviction of crime, in lieu of the payment of the fine ordered, to execute a bond acknowledging the amount of the fine imposed upon the person as a debt due and owing to this State and binding the person unto this State in an amount equal to 10 times the fine imposed. The bond shall be so conditioned that, should the amount of the fine imposed be paid to this State on or before the tenth day next following the day on which the fine is imposed, then in that event the bond shall be null and void. The bond shall contain a warrant of attorney authorizing the Prothonotary or any attorney of record in this State or elsewhere to appear in any court, including a justice of the peace, and confess judgment against the person so bound. Upon execution of the bond the convicted person shall be required to list on the reverse thereof all motor vehicles and real property owned by the person or in which the person has any title or interest with a description and the location thereof.

(c) Any court may, in its discretion, direct any person sentenced to pay a fine or restitution upon conviction of a crime, who is employed within this State or by a Delaware resident or employer, to execute an assignment of a specified periodic sum not to exceed 1/3 of the person’s total earnings, which assignment shall direct the person’s employer to withhold and remit that amount to this State up to the total of the fine, costs and restitution imposed.

An assignment of earnings executed in accordance with this subsection shall be binding upon an employer in the same manner as an attachment of wages pursuant to Title 10, except that an assignment need be filed only once with the employer who shall make the withholding and remittances until the full amount is paid. An amount of total earnings consistent with federal law may be assigned. An employer shall take no action against an employee who has executed an assignment, and the penalty imposed upon an employee solely because of an assignment under this subsection shall be in accordance with the manner set forth for attachments.

(d) For purposes of ensuring the payment of fines, restitution and the enforcement of any orders imposed under this section, the court shall retain jurisdiction over the convicted person until any fine or restitution imposed shall have been paid in full. The court may write off the fines, costs and restitution of any convicted person when the court receives evidence that such person is deceased.

(e) The Division of Motor Vehicles of the Department of Transportation or a court may not suspend a defendant’s driver’s license as a penalty for nonpayment of a fine, fee, cost, assessment, or restitution.

(1) Except as provided under § 2732(g)(1) of Title 21, a defendant whose driver’s license was suspended before October 3, 2022 only as a penalty for nonpayment of a fine, fee, cost, assessment, or restitution is eligible for restoration of the defendant’s driving privileges.

(2) The Division of Motor Vehicles of the Department of Transportation shall develop policies and procedures to implement the restoration of driving privileges under paragraph (e)(1) of this section by April 4, 2023. The policies and procedures must address the process for restoration of driving privileges for defendants convicted of a motor vehicle offense that originated in the voluntary assessment center under § 709 of Title 21 before, on, or after October 3, 2022.

(3) A defendant who seeks to restore the defendant’s driving privileges under paragraph (e)(1) of this section is not required to pay a fee to do so.

(f) Any person whose operator’s license has been deposited with a court, pursuant to subsection (e) of this section above, shall be issued a receipt by the court taking said license upon a form substantially as set forth in this subsection, and thereafter said person shall be permitted to operate a motor vehicle upon the highways of the State during the pendency of the case in which the license was taken, unless the person’s license or privilege to operate a motor vehicle is otherwise revoked, suspended or cancelled.

FORM OF RECEIPT

The operator’s license of ________, license number ________ is held by the ________________ Court, State of Delaware, as security for the payment of a fine, costs, restitution or Victims Compensation Fund assessment in Case No. ________ Please accept this receipt as a substitute for that license as provided by Title 11, § 4104(e), Delaware Code, as amended. Payment is due by ________ This receipt is not valid after said date. Failure to appear will result in license suspension. An attempt to secure, or the securing of, a duplicate operator’s license during the period in which this court holds an operator’s license shall be considered as a contempt of court under 11 Del. C., § 1271(3).

________________

________________ Judge

________________

(g) The clerk of the court in which the sentence was imposed and for which a person’s license was taken as security, pursuant to subsection (e) of this section, shall immediately forward to the Division of Motor Vehicles of the State the license if the person fails to pay by the date indicated in the receipt as prescribed by subsection (f) of this section above. The Director of the Division of Motor Vehicles shall, upon receipt of a license so forwarded by the clerk, suspend the operator’s license and driving privileges of the defaulting driver until notified by the court that payment of the fine, costs, restitution or Victims Compensation Fund assessment has been made. If the person be from another state or territory or the District of Columbia of the United States, the Director of the Division of Motor Vehicles shall further advise the motor vehicle administrator of the state, territory or the District of Columbia of this State’s suspension and request that said person’s license to drive be suspended until the fine, costs, restitution or Victims Compensation Fund assessment have been paid.

(h) The clerk of the court in which the sentence was imposed and for which a person’s operator’s license was taken as security, pursuant to subsection (e) of this section, shall immediately return the person’s operator’s license upon payment of the fine, costs, restitution or Victims Compensation Fund assessment within the period as prescribed by the sentencing judge and as reflected in the form set forth in subsection (f) of this section.

11 Del. C. 1953, §  4105;  57 Del. Laws, c. 198, §  257 Del. Laws, c. 513, §§  2, 359 Del. Laws, c. 194, §  159 Del. Laws, c. 269, §  163 Del. Laws, c. 140, §  163 Del. Laws, c. 141, §§  7, 863 Del. Laws, c. 223, §§  1-470 Del. Laws, c. 186, §  174 Del. Laws, c. 110, §  583 Del. Laws, c. 441, § 6

§ 4104. Fines, fees, costs, assessments, or restitution; how collected; suspending driver’s license for nonpayment prohibited. [Effective Apr. 23, 2023].

(a) (1) When a court imposes a fine, fee, cost, assessment, or restitution on a defendant, the court may order any of the following:

a. That the defendant pay the entire amount at the time sentence is imposed.

b. That the defendant pay a specified portion of the fine, fee, cost, assessment, or restitution at designated periodic intervals.

(2) If the defendant is sentenced to a period of probation as well as to pay a fine, payment of the fine, fee, cost, or assessment a condition of the probation.

(3) a. A court may not impose an additional fee for any of the following:

1. The payment of a fine, fee, cost, assessment, or restitution that is made at designated periodic intervals.

2. A late payment of a fine, fee, cost, assessment, or restitution.

3. Supervision by probation of the payment of a fine, fee, cost, assessment, or restitution.

b. A court may not charge interest for a payment of a fine, fee, cost, assessment, or restitution that is made late or at designated periodic intervals.

c. A court may not charge a convenience fee for a payment made at a court-designated payment kiosk or through an Internet-based court payment system.

(4) A court may not charge a convenience fee for a payment made at a court designated payment kiosk or through an Internet-based court payment system.

(b) (1) A defendant’s ability or inability to pay a fine, fee, cost, or assessment may not influence a court’s decision whether to impose a custodial or probationary sentence.

(2) A court shall advise a defendant on the record or in writing of the financial obligations and the possible sanctions for noncompliance.

(c) (1) A court may direct a defendant sentenced to pay a fine, fee, cost, assessment, or restitution on conviction of a crime, who is employed within this State or by a Delaware resident or employer, to execute an assignment of a specified periodic sum not to exceed ¼ of the defendant’s total earnings. The assignment must direct the defendant’s employer to withhold and remit that amount to this State up to the total of the fine, fee, cost, assessment, or restitution imposed.

(2) An assignment of earnings executed under this subsection is binding on an employer in the same manner as an attachment of wages under Title 10, except that an assignment must be filed only once with the defendant’s employer. The defendant’s employer shall make the withholding and remittances until the full amount is paid. An amount of total earnings consistent with federal law may be assigned. A defendant’s employer may not take an action against an employee who has executed an assignment, and the penalty imposed on a defendant solely because of an assignment under this subsection must be in accordance with the manner set forth for attachments.

(d) For purposes of ensuring the payment of a fine, fee, cost, assessment, or restitution and the enforcement of any orders imposed under this section, the court shall retain jurisdiction over a denfendant until the fine, fee, cost, assessment, or restitution is paid in full. The court may write off the fine, fee, cost, assessment, or restitution of a defendant when the court receives evidence that the defendant is deceased.

(e) The Division of Motor Vehicles of the Department of Transportation or a court may not suspend a defendant’s driver’s license as a penalty for nonpayment of a fine, fee, cost, assessment, or restitution.

(1) Except as provided under § 2732(g)(1) of Title 21, a defendant whose driver’s license was suspended before October 3, 2022 only as a penalty for nonpayment of a fine, fee, cost, assessment, or restitution is eligible for restoration of the defendant’s driving privileges.

(2) The Division of Motor Vehicles of the Department of Transportation shall develop policies and procedures to implement the restoration of driving privileges under paragraph (e)(1) of this section by April 4, 2023. The policies and procedures must address the process for restoration of driving privileges for defendants convicted of a motor vehicle offense that originated in the voluntary assessment center under § 709 of Title 21 before, on, or after October 3, 2022.

(3) A defendant who seeks to restore the defendant’s driving privileges under paragraph (e)(1) of this section is not required to pay a fee to do so.

(f)-(h) [Repealed.]

11 Del. C. 1953, §  4105;  57 Del. Laws, c. 198, §  257 Del. Laws, c. 513, §§  2, 359 Del. Laws, c. 194, §  159 Del. Laws, c. 269, §  163 Del. Laws, c. 140, §  163 Del. Laws, c. 141, §§  7, 863 Del. Laws, c. 223, §§  1-470 Del. Laws, c. 186, §  174 Del. Laws, c. 110, §  583 Del. Laws, c. 441, § 6

§ 4105. Default in payment of fine; inability to pay.

(a) No person sentenced to pay a fine, costs or restitution upon conviction of a crime shall be ordered to be imprisoned in default of the payment of such fine, costs or restitution.

(b) (1) Where a person sentenced to pay a fine, costs, restitution or all 3, on conviction of a crime is unable or fails to pay such fine, costs, restitution or all 3, at the time of imposition of sentence or in accordance with the terms of payment set by the court, the court may order the person to report at any time to the Commissioner of the Department of Correction, or a person designated by the Commissioner, for work for a number and schedule of hours necessary to discharge the fine, costs or restitution imposed.

(2) For purposes of this section, the hourly rate shall be established in accordance with the then prevailing federal minimum wage, and shall be used in computing the amount credited to any person discharging fines, costs and restitution.

(3) In cases involving Justices of the Peace Courts, the Chief Magistrate thereof shall establish guidelines for the number of hours of work which may be assigned and the Courts shall adhere to said guidelines.

(4) The Department may approve public work assignments for convicted persons in accordance with subsection (c) of this section, whereupon the Commissioner, or a person designated by the Commissioner, may assign the convicted person to work under the supervision of any state, county or municipal agency on any project or assignment specifically certified for that purpose.

(5) The Department of Correction shall not compensate any convicted person assigned to work under the supervision of any state, county or municipal agency but shall credit such person with the number of hours of satisfactory service.

(6) When the number of such hours equals the number of hours imposed by the court, the Department shall certify this fact to the appropriate court, and the court shall proceed as if the fines, costs and restitution had been paid in cash. Fines, costs and restitution successfully worked off under this subsection shall not be considered as receivables of the court, but the records shall show the hours worked.

(7) Failure to comply with an order of the court made pursuant to this section shall be punishable as civil contempt and all courts shall have the power to punish as a civil contempt any convicted person who fails to comply with such an order.

(8) In the event a person serves all or part of a sentence of incarceration for contempt of court in accordance with this subsection, the length of the sentence being in the court’s discretion and based upon the amount of the outstanding fines and costs, the court shall cancel all or part of the fines and costs. The amount of fines and costs cancelled shall be commensurate with the amount of the time served.

(9) For any offense in which the penalty is civil, a court may order a person to report to the Commissioner of the Department of Correction, or a person designated by the Commissioner, for work under this subsection and consistent with the procedures of this subsection until the civil penalties and costs are discharged. Notwithstanding paragraph (b)(7) of this section, a person’s failure to participate in work ordered under this paragraph is not punishable as contempt of court. A person’s failure to participate in work ordered under this paragraph may result in the transfer of the judgment to the Office of State Court Collections Enforcement to be collected according to § 4104 of this title.

(c) Any agency of the State, county or any municipality or any nonprofit organization approved by the court may submit public work projects or proposed assignments to the Department of Correction for certification as approved public work projects under this section. Upon certification the agency will be notified and the Commissioner of the Department of Correction will be authorized to begin to assign convicted persons to the certified project or assignment.

(d) Notwithstanding subsection (a) of this section, where a defendant sentenced to be imprisoned is ordered to pay a fine, costs, restitution or all 3, the court may order an additional sentence of imprisonment in lieu of requiring the payment of the fine, costs, restitution or all 3; provided, however, that this additional sentence of imprisonment may not exceed 30 days, to be served concurrently or consecutively with the sentence originally imposed, as the court may order.

(e) A court having probationary powers may, in its discretion, treat any failure to comply with a court order in respect to fines, costs, restitution or all 3 either as a civil contempt or as if the defendant had been placed on probation and the probation violated; provided, however, that any sentence for violation of probation may not exceed 30 days.

11 Del. C. 1953, §  4106;  57 Del. Laws, c. 198, §  357 Del. Laws, c. 50957 Del. Laws, c. 513, §  459 Del. Laws, c. 145, §  159 Del. Laws, c. 270, §  160 Del. Laws, c. 465, §  162 Del. Laws, c. 220, §  163 Del. Laws, c. 140, §  163 Del. Laws, c. 141, §  970 Del. Laws, c. 186, §  174 Del. Laws, c. 19, §  180 Del. Laws, c. 254, § 1

§ 4106. Restitution for property damage or loss [Effective until Apr. 3, 2023].

(a) Any person convicted of stealing, taking, receiving, converting, defacing or destroying property, shall be liable to each victim of the offense for the value of the property or property rights lost to the victim and for the value of any property which has diminished in worth as a result of the actions of such convicted offender and shall be ordered by the court to make restitution. If the court does not require that restitution be paid to a victim, the court shall state its reason on the record. The convicted offender shall also be liable for direct out-of-pocket losses, loss of earnings and other expenses and inconveniences incurred by victim as a direct result of the crime. For each criminal offense resulting in arrest in which property is alleged to have been unlawfully taken, damaged or otherwise diminished in value, a loss statement shall be prepared, by the police or by the victim when there is no police involvement, documenting for the court the value of the property lost or diminished as a direct result of the crime.

(b) In accordance with the evidence presented to the court, the court shall determine the nature and amount of restitution, if any, to be made to each victim of the crime of each convicted offender. The offender shall be ordered to pay a fixed sum of restitution or shall be ordered to work a fixed number of hours under the work referral program administered by the Department of Correction, or both.

(c) In the event a convicted offender is ordered by the court to pay fines, costs or other financial obligations along with restitution, payments shall first be applied to Victim Compensation Fund, next to pay restitution and then to the other payments ordered to be made.

(d) Each court shall establish procedures for the collection and disbursement of funds ordered under this section, including notification of the victim that restitution has been ordered. Such procedures shall at minimum include the following:

(1) All restitution payments shall be disbursed to victims within 90 days of receipt or whenever the accumulated amount of the restitution payments received is $50 or more, whichever event first occurs.

(2) Where there are multiple victims, disbursements shall be in proportion to the amounts owed to each victim, with individuals to receive disbursements in full before insurance companies receive any disbursements.

(3) Any and all interest earned on deposited restitution payments shall be set aside and deposited on at least a quarterly basis to the Victim Compensation Fund.

Any and all principal amounts received as restitution payments which are unclaimed after 5 years from date of receipt shall be deposited in the Victim Compensation Fund.

If, at any time in the future, the victim owed restitution requests the transferred funds, and makes application to the Victim Compensation Fund Board, said moneys will be refunded, following verification by the transferring Court.

(e) An order of restitution may not preclude the victim from proceeding in a civil action to recover damages from the offender. A civil verdict shall be reduced by the amount of restitution paid under the criminal restitution order.

63 Del. Laws, c. 141, §  166 Del. Laws, c. 174, §  167 Del. Laws, c. 260, §  170 Del. Laws, c. 186, §  170 Del. Laws, c. 220, §  1

§ 4106. Restitution for property damage or loss [Effective Apr. 3, 2023].

(a) Any person convicted of stealing, taking, receiving, converting, defacing or destroying property, shall be liable to each victim of the offense for the value of the property or property rights lost to the victim and for the value of any property which has diminished in worth as a result of the actions of such convicted offender and shall be ordered by the court to make restitution. If the court does not require that restitution be paid to a victim, the court shall state its reason on the record. The convicted offender shall also be liable for direct out-of-pocket losses, loss of earnings and other expenses and inconveniences incurred by victim as a direct result of the crime. For each criminal offense resulting in arrest in which property is alleged to have been unlawfully taken, damaged or otherwise diminished in value, a loss statement shall be prepared, by the police or by the victim when there is no police involvement, documenting for the court the value of the property lost or diminished as a direct result of the crime.

(b) In accordance with the evidence presented to the court, the court shall determine the nature and amount of restitution, if any, to be made to each victim of the crime of each convicted offender. The offender shall be ordered to pay a fixed sum of restitution or shall be ordered to work a fixed number of hours under the work referral program administered by the Department of Correction, or both.

(c) In the event a convicted offender is ordered by the court to pay fines, costs or other financial obligations along with restitution, payments shall first be applied to Victim Compensation Fund, next to pay restitution and then to the other payments ordered to be made.

(d) Each court shall establish procedures for the collection and disbursement of funds ordered under this section, including notification of the victim that restitution has been ordered. Such procedures shall at minimum include the following:

(1) All restitution payments shall be disbursed to victims within 90 days of receipt or whenever the accumulated amount of the restitution payments received is $50 or more, whichever event first occurs.

(2) Where there are multiple victims, disbursements shall be in proportion to the amounts owed to each victim, with individuals to receive disbursements in full before insurance companies receive any disbursements.

(3) Any and all interest earned on deposited restitution payments shall be set aside and deposited on at least a quarterly basis to the Victim Compensation Fund.

Any and all principal amounts received as restitution payments which are unclaimed after 5 years from date of receipt shall be deposited in the Victim Compensation Fund.

If, at any time in the future, the victim owed restitution requests the transferred funds, and makes application to the Victim Compensation Fund Board, said moneys will be refunded, following verification by the transferring Court.

(e) An order of restitution may not preclude the victim from proceeding in a civil action to recover damages from the offender. A civil verdict shall be reduced by the amount of restitution paid under the criminal restitution order.

(f) Except as provided under § 9014(c) of this title, restitution may not be ordered to an insurance provider on behalf of a victim to recover the provider’s losses due to a crime. An insurance provider may seek a civil judgement to recover losses.

63 Del. Laws, c. 141, §  166 Del. Laws, c. 174, §  167 Del. Laws, c. 260, §  170 Del. Laws, c. 186, §  170 Del. Laws, c. 220, §  183 Del. Laws, c. 441, § 7

§ 4107. Annual report [Effective Apr. 3, 2023].

(a) The Administrative Office of the Courts shall prepare an annual report by February 15 on behalf of the Superior Court, the Family Court, the Court of Common Pleas, the Justice of the Peace Court, and the Office of State Courts Collection Enforcement.

(b) The report under subsection (a) of this section must include information on the following:

(1) Amount of each of the following collected by the Judiciary:

a. Fines.

b. Fees and costs.

c. Assessments.

d. Restitution.

(2) Amount of fines, fees, costs, or assessments retained by the Judiciary and as a percentage of the Judiciary’s budget.

(3) Amount of fines, fees, costs, assessments, or restitution distributed to the State, a municipality, or a statutorily-created fund.

(c) The report under subsection (a) of this section must be publicly available on the Administrative Office of the Courts’ website or published as part of the Judiciary’s annual report.

(d) The Delaware Criminal Justice Information System shall prepare an annual report by February 15 detailing the amount of fines, fees, costs, and assessments collected by entities other than the Judiciary. The report must be publicly available on the Delaware Criminal Justice Information System’s website.

(e) The reports by the Administrative Office of the Courts and the Delaware Criminal Justice Information System must be submitted to the President Pro Tempore of the Senate and the Speaker of the House of Representatives, with copies to all members of the General Assembly, the Governor, the Chief Justice, the Attorney General, the Chief Defender, the Director and the Librarian of the Division of Research of Legislative Council, and the Delaware Public Archives.

83 Del. Laws, c. 441, § 8