(a) Upon conviction of any person for any crime and before sentencing, the court may, before fixing punishment or imposing sentence, direct an Investigative Services officer to thoroughly investigate and report upon the history of the accused and any and all other relevant facts, to the end that the court may be fully advised as to the appropriate and just sentence to be imposed; provided, however, that if the court orders such investigation for an offender convicted of murder in the first or second degree, rape in the first, second or third degree, unlawful sexual intercourse in the first or second degree, the manufacture, delivery or possession with intent to manufacture a narcotic drug, or trafficking under § 4753A of Title 16 [repealed], with respect to a narcotic drug, the offender shall immediately be remanded to the James T. Vaughn Correctional Center during the time such investigation is being conducted. All time spent by the offender in custody prior to completion of the presentence investigation and all other sentencing procedures shall be credited against the amount of time which the offender is sentenced to serve.

(b) Whenever an investigation by the Investigative Services Office is ordered by the court, the Investigative Services Office should inquire promptly into such things as the circumstances of the offense, the motivation of the offender, the criminal record, social history, behavior pattern and present condition of the offender. The presentence investigation should include administration of an objective risk and needs assessment instrument, and should note wherein the judicial alternatives of the court and appropriate conditions of supervision may play a role in the rehabilitation of the offender as a law-abiding citizen. All local and state agencies shall make available to the Investigative Services Office such records as the Investigative Services Office may request. The investigation should include physical and mental examination of the offender, when, in the opinion of the court, it is desirable. As soon as practicable or as ordered by the court, the presentence report shall be forwarded to the sentencing judge of the court in each case.

(c) The Investigative Services Office may conduct any additional investigations or perform any other investigative tasks, with the preparation of appropriate reports, as may be desirable to facilitate the appropriate sentencing of an offender or other court proceedings. In order to facilitate the appropriate sentencing of any offender or for any other court proceedings, the Investigative Services Office may be ordered by the court to administer an objective risk and needs assessment instrument and prepare an appropriate report thereof for the court.

(d) Except for those offenses where no victim can be ascertained, a victim impact statement shall be presented to the court prior to the sentencing of a convicted person, where such person has been convicted of:

(1) A felony;

(2) An offense under subchapter V, Chapter 5 of this title or subpart D, subchapter II, Chapter 5 of this title; or

(3) A misdemeanor which resulted in physical injury or death.

The victim impact statement shall not be required where an immediate sentence is rendered, except in cases of conviction by plea or where the defendant has been convicted under § 4209A of this title [repealed].

(e) A victim impact statement shall:

(1) Identify, to such extent as can be reasonably ascertained, those victims (except persons involved in the commission of the offense) who received physical, psychological or economic injury as a result of the offense;

(2) Describe, to the extent possible, such physical, psychological or economic injury;

(3) Identify any physical injury suffered by the victim, together with a description of the seriousness and permanence of such injury;

(4) Contain a description of any change in the victim’s personal welfare or familial relationships which can reasonably be attributed to the offense;

(5) Identify any request for psychological services or counselling services initiated by any person identified under paragraph (e)(1) of this section, if such request or need for such services can reasonably be determined to have resulted from the offense;

(6) Determine any fees or costs for psychological or counselling services; and

(7) Any other information relating to the impact of the offense upon the victim or other person.

(f) If a victim or other person identified in subsection (e) of this section is deceased; is a child; is under a mental, physical or legal disability; or is otherwise unable to provide the information required under this section, such information may be obtained from the personal representative, guardian, committee, family member, treatment professional, child protection agency, Office of the Child Advocate, or such other involved state agency as the presentence officer may deem necessary.

(g) The provisions of this section relating to victim impact statements shall apply only to those victims who have cooperated with the court and with Investigative Services officers. The provisions of this section relating to victim impact statements shall apply to all courts having original jurisdiction to hear, try and finally determine criminal offenses; provided, however, that such provisions shall not apply to Justices of the Peace Courts.

(h) Notwithstanding any statute, rule or regulation to the contrary, upon conviction of any person for any sexual offense, as defined in § 761 of this title, and upon request of either party, the court shall direct that a presentence report be prepared by a presentence officer.

(i) In any case involving a felony conviction for which a presentence investigation is being conducted, the person conducting the investigation shall (1) provide the convicted felon with a copy of § 1448 of this title and (2) attempt to determine if the convicted felon is in possession of any firearms in violation of § 1448 of this title. This attempt shall include reasonable efforts to contact other persons in the convicted felon’s household and the victim, and shall also include a check of the Superior Court’s list of persons holding concealed weapons permits. If the person conducting the investigation believes that the convicted felon is in possession of any firearms in violation of § 1448 of this title, the Attorney General shall be notified for appropriate enforcement action.

11 Del. C. 1953, §  4331;  54 Del. Laws, c. 349, §  7;  59 Del. Laws, c. 94, §  1;  59 Del. Laws, c. 316, §  1;  60 Del. Laws, c. 114, §  1;  63 Del. Laws, c. 358, §  1;  64 Del. Laws, c. 352, §§  1, 2;  66 Del. Laws, c. 269, §  8;  71 Del. Laws, c. 176, §  20;  71 Del. Laws, c. 285, §§  17, 18;  73 Del. Laws, c. 60, §§  2, 3, 4, 5;  73 Del. Laws, c. 151, §  1;  76 Del. Laws, c. 232, §  2;  78 Del. Laws, c. 392, §§  4, 18;  84 Del. Laws, c. 250, § 1; 

(a) Upon conviction of any person for any crime and before sentencing, the court may, before fixing punishment or imposing sentence, direct an Investigative Services officer to thoroughly investigate and report upon the history of the accused and any and all other relevant facts, to the end that the court may be fully advised as to the appropriate and just sentence to be imposed; provided, however, that if the court orders such investigation for an offender convicted of murder in the first or second degree, rape in the first, second or third degree, unlawful sexual intercourse in the first or second degree, the manufacture, delivery or possession with intent to manufacture a narcotic drug, or trafficking under § 4753A of Title 16 [repealed], with respect to a narcotic drug, the offender shall immediately be remanded to the James T. Vaughn Correctional Center during the time such investigation is being conducted. All time spent by the offender in custody prior to completion of the presentence investigation and all other sentencing procedures shall be credited against the amount of time which the offender is sentenced to serve.

(b) Whenever an investigation by the Investigative Services Office is ordered by the court, the Investigative Services Office should inquire promptly into such things as the circumstances of the offense, the motivation of the offender, the criminal record, social history, behavior pattern and present condition of the offender. The presentence investigation should include administration of an objective risk and needs assessment instrument, and should note wherein the judicial alternatives of the court and appropriate conditions of supervision may play a role in the rehabilitation of the offender as a law-abiding citizen. All local and state agencies shall make available to the Investigative Services Office such records as the Investigative Services Office may request. The investigation should include physical and mental examination of the offender, when, in the opinion of the court, it is desirable. As soon as practicable or as ordered by the court, the presentence report shall be forwarded to the sentencing judge of the court in each case.

(c) The Investigative Services Office may conduct any additional investigations or perform any other investigative tasks, with the preparation of appropriate reports, as may be desirable to facilitate the appropriate sentencing of an offender or other court proceedings. In order to facilitate the appropriate sentencing of any offender or for any other court proceedings, the Investigative Services Office may be ordered by the court to administer an objective risk and needs assessment instrument and prepare an appropriate report thereof for the court.

(d) Except for those offenses where no victim can be ascertained, a victim impact statement shall be presented to the court prior to the sentencing of a convicted person, where such person has been convicted of:

(1) A felony;

(2) An offense under subchapter V, Chapter 5 of this title or subpart D, subchapter II, Chapter 5 of this title; or

(3) A misdemeanor which resulted in physical injury or death.

The victim impact statement shall not be required where an immediate sentence is rendered, except in cases of conviction by plea or where the defendant has been convicted under § 4209A of this title [repealed].

(e) A victim impact statement shall:

(1) Identify, to such extent as can be reasonably ascertained, those victims (except persons involved in the commission of the offense) who received physical, psychological or economic injury as a result of the offense;

(2) Describe, to the extent possible, such physical, psychological or economic injury;

(3) Identify any physical injury suffered by the victim, together with a description of the seriousness and permanence of such injury;

(4) Contain a description of any change in the victim’s personal welfare or familial relationships which can reasonably be attributed to the offense;

(5) Identify any request for psychological services or counselling services initiated by any person identified under paragraph (e)(1) of this section, if such request or need for such services can reasonably be determined to have resulted from the offense;

(6) Determine any fees or costs for psychological or counselling services; and

(7) Any other information relating to the impact of the offense upon the victim or other person.

(f) If a victim or other person identified in subsection (e) of this section is deceased; is a child; is under a mental, physical or legal disability; or is otherwise unable to provide the information required under this section, such information may be obtained from the personal representative, guardian, committee, family member, treatment professional, child protection agency, Office of the Child Advocate, or such other involved state agency as the presentence officer may deem necessary.

(g) The provisions of this section relating to victim impact statements shall apply only to those victims who have cooperated with the court and with Investigative Services officers. The provisions of this section relating to victim impact statements shall apply to all courts having original jurisdiction to hear, try and finally determine criminal offenses; provided, however, that such provisions shall not apply to Justices of the Peace Courts.

(h) Notwithstanding any statute, rule or regulation to the contrary, upon conviction of any person for any sexual offense, as defined in § 761 of this title, and upon request of either party, the court shall direct that a presentence report be prepared by a presentence officer.

(i) In any case involving a felony conviction for which a presentence investigation is being conducted, the person conducting the investigation shall (1) provide the convicted felon with a copy of § 1448 of this title and (2) attempt to determine if the convicted felon is in possession of a firearm or projectile weapon in violation of § 1448 of this title. This attempt shall include reasonable efforts to contact other persons in the convicted felon’s household and the victim, and shall also include a check of the Superior Court’s list of persons holding concealed weapons permits. If the person conducting the investigation believes that the convicted felon is in possession of a firearm or projectile weapon in violation of § 1448 of this title, the Attorney General shall be notified for appropriate enforcement action.

11 Del. C. 1953, §  4331;  54 Del. Laws, c. 349, §  7;  59 Del. Laws, c. 94, §  1;  59 Del. Laws, c. 316, §  1;  60 Del. Laws, c. 114, §  1;  63 Del. Laws, c. 358, §  1;  64 Del. Laws, c. 352, §§  1, 2;  66 Del. Laws, c. 269, §  8;  71 Del. Laws, c. 176, §  20;  71 Del. Laws, c. 285, §§  17, 18;  73 Del. Laws, c. 60, §§  2, 3, 4, 5;  73 Del. Laws, c. 151, §  1;  76 Del. Laws, c. 232, §  2;  78 Del. Laws, c. 392, §§  4, 18;  84 Del. Laws, c. 250, § 1;  84 Del. Laws, c. 525, § 26; 

(a) The Department may adopt standards concerning the conditions of probation or suspension of sentence which the court may use in a given case. The standard conditions shall apply in the absence of any other specific or inconsistent conditions imposed by the court. The presentence report may recommend conditions to be imposed by the court. Nothing in this chapter shall limit the authority of the court to impose or modify any general or specific conditions of probation or suspension of sentence. The Department may recommend and, by order, the court may impose and may at any time order modification of any conditions of probation or suspension of sentence. Before any conditions are modified, a report by the Department shall be presented to and considered by the court. The court shall cause a copy of any order to be delivered to the Department and to the probationer.

(b) The Department may adopt standards governing any program of house arrest for offenders. The presentence report may recommend conditions to be imposed by the court. In addition to any conditions imposed by the Department or by the court, each program involving house arrest for offenders, regardless of the official or unofficial name of the program, shall include a reasonable monthly payment by each offender participating in the program, clear and consistent sanctions when a participant in the program violates any of the conditions, and the ownership or leasing of all equipment by the Department of Correction.

(c) The Department is authorized to use offender electronic monitoring systems and any new or emerging offender monitoring technology that will assist in the supervision of offenders placed on house arrest.

(d) The Department is authorized to supervise offenders on house arrest without the use of any specific electronic equipment, so long as sufficient and reasonable methods for ensuring compliance with the terms of house arrest are employed.

11 Del. C. 1953, §  4333;  54 Del. Laws, c. 349, §  7;  66 Del. Laws, c. 29, §  1;  76 Del. Laws, c. 399, §  1;  83 Del. Laws, c. 35, § 1; 

(a) A court may impose a period of community service, as defined in this chapter, either as a condition of probation or as the sole sanction imposed at sentencing.

(b) The specified number of hours of community service shall be fixed by the court, but in no case shall the total number of hours imposed exceed the maximum term of incarceration provided by law for the instant offense. In cases where no incarceration is provided by law, the number of hours of community service fixed by the court shall not exceed 100.

(c) In the event that community service is imposed by the court as a condition of probation, noncompliance with the community service order shall constitute a violation of the conditions of probation.

(d) In the event that community service is imposed as the sole sanction by the court, noncompliance with the community service order shall constitute criminal contempt.

(e) The Department shall, by the promulgation of regulations or other appropriate standards, administer and enforce the terms of all court orders involving the imposition of community service.

67 Del. Laws, c. 316, §  2; 

(a) The period of probation or suspension of sentence shall be fixed by the court subject to the provisions of this section. Any probation or suspension of sentence may be terminated by the court at any time and upon such termination or upon termination by expiration of the term, an order to this effect shall be entered by the court.

(b) The length of any period of probation or suspension of sentence shall be limited to:

(1) Two years, for any violent felony in this title as designated in § 4201(c) of this title;

(2) Eighteen months, for any offense set forth in Title 16; or

(3) One year, for any offense not otherwise specified in paragraph (b)(1) or (2) of this section.

(c) Any offender who is serving more than 1 sentence imposed following convictions in more than 1 case shall not serve a consecutive period of probation or suspension of sentence that is in excess of the limitations imposed by subsection (b) of this section. Any sentence of probation or suspension of sentence (or any portion thereof) which, if served consecutively to another such sentence, would result in an aggregate sentence of probation or suspension of sentence in excess of the limitations imposed by subsection (b) of this section shall be deemed to be concurrent to such other sentence. The provisions of this subsection shall not apply to a sentence imposed for a conviction involving an offense committed while the offender was serving a period of probation or suspension of sentence.

(d) The limitations set forth in subsections (b) and (c) of this section shall not apply:

(1) To any sentence imposed for a conviction of any sex offense as defined in § 761 of this title if the sentencing court determines on the record that a longer period of probation or suspension of sentence will reduce the likelihood that the offender will commit a sex offense or other violent offense in the future;

(2) To any sentence imposed for any violent felony in this title as designated by § 4201(c) of this title if the sentencing court determines on the record that public safety will be enhanced by a longer period of probation or suspension of sentence; or

(3) To any sentence imposed for any offense set forth in the Delaware Code if the sentencing court determines on the record that a longer period of probation or suspension of sentence is necessary to ensure the collection of any restitution ordered, except that any period of probation ordered pursuant to this paragraph that is in excess of the limitations set forth in subsections (b) and (c) of this section shall be served at Accountability Level I — Restitution Only pursuant to the terms of § 4204(c)(10) of this title.

(e) The limitations set forth in subsection (b) and (c) of this section may be exceeded by up to 90 days by the sentencing court if it determines that the defendant has not yet completed a substance abuse treatment program ordered by the court, provided, that each extension of sentence ordered pursuant to this subsection shall be preceded by a hearing, and by a finding on the record, that such extension of sentence is necessary to facilitate the completion of the substance abuse treatment program.

(f) Except as provided by subsection (g) of this section, in no event shall the total period of probation or suspension of sentence exceed the maximum term of commitment provided by law for the offense or 1 year, whichever is greater; provided, that in all cases where no commitment is provided by law the period of probation or suspension of sentence shall not be more than 1 year.

(g) (1) Any period of custodial supervision imposed pursuant to § 4204(l) of this title shall not be subject to the limitations set forth by this section.

(2) As used in this section, the phrase “period of probation or suspension of sentence” shall not include any period of a sentence that is designated by the sentencing court to be served at Supervision Accountability Level IV as defined in § 4204(c)(4) of this title.

(h) Notwithstanding any provision of this Code or court rule to the contrary, any superior court judge who is presiding over any proceeding at which an offender is sentenced or found to have violated any condition or term of an imposed period of probation or suspension of sentence shall be deemed to have jurisdiction over any sentence to a period of probation or suspension of sentence currently being served by the offender regardless of the court or county in which such sentence was originally imposed, and may modify, revoke or terminate any such period of probation or suspension of sentence.

(i) The Department shall have the authority without leave of the court to reclassify any offender sentenced to probation at Accountability Levels I, II or III, provided that the Department shall first evaluate the offender using an objective classification tool designed to assist in the determination of the appropriate level of probation. Offenders shall be reevaluated and reclassified periodically as the Department deems necessary and appropriate.

(j) Notwithstanding any other provision to the contrary, the provisions of subsections (b), (c), (d) and (e) of this section shall be applicable to sentences imposed prior to June 1, 2003, only upon an order of the Court entered for good cause shown after its consideration of an application for sentence modification filed by the Department of Correction.

11 Del. C. 1953, §  4334;  54 Del. Laws, c. 349, §  7;  74 Del. Laws, c. 27, §  4;  74 Del. Laws, c. 88, §§  1-4;  74 Del. Laws, c. 345, §  1;  78 Del. Laws, c. 392, §  5; 

(a) The court may issue a warrant for the arrest of a probationer for violation of any of the conditions of probation or suspension of sentence, or a notice to appear to answer to a charge of violation. Such notice shall be personally served upon the probationer. The warrant shall authorize officers to return the probationer to the custody of the court or to the Department.

(b) The Commissioner, or any probation officer, when in the Commissioner’s or probation officer’s judgment there has been a violation of any condition of probation or suspension of sentence, may arrest such probationer without a warrant, or may deputize any other officer with power of arrest to do so by giving that officer a written statement setting forth that the probationer has, in the judgment of the Commissioner or probation officer, violated the conditions of probation or suspended sentence. The written statement delivered with the probationer by the arresting officer to the official in charge of the place of detention shall be sufficient warrant for the detention of the probationer. When an arrest is made by a probation officer, the Department shall present to the detaining authority a written statement of the circumstances of violation. Provisions regarding release on bail of persons charged with crime shall be applicable to the probationers arrested under these provisions.

(c) Upon such arrest and detention, the Department shall immediately notify the court and shall submit in writing a report showing in what manner the probationer has violated the conditions of probation or suspension of sentence. Thereupon, or upon arrest by warrant as provided in subsection (b) of this section, the court shall cause the probationer to be brought before it without unnecessary delay, for a hearing on the violation charge. The hearing may be informal or summary. If the violation is established, the court may continue or revoke the probation or suspension of sentence, and may require the probation violator to serve the sentence imposed, or any lesser sentence, and, if imposition of sentence was suspended, may impose any sentence which might originally have been imposed.

(d) Notwithstanding any provision of subsection (c) of this section or any other law, rule or regulation to the contrary, the Department is authorized to administratively resolve technical and minor violations of the conditions of probation or supervision at Accountability Levels I, II, III or IV when a sanction less restrictive than Level V is being sought by the Department as a result of the violation, and is further authorized to administratively resolve technical and minor violations of conditions of probation at Accountability Levels I, II, III, or IV by placing the probationer at Accountability Level IV for a period of not more than 5 days consecutively, and not more than 10 days in any 1 calendar year, or on home confinement for a period of not more than 10 days consecutively, and not more than 20 days per calendar year. The Department shall adopt written procedures providing for administrative review for all cases in which an offender is placed at Level IV or home confinement pursuant to this subsection. All administrative dispositions imposed pursuant to this subsection shall be documented in the offender’s record and shall be made available to the court in the event of a subsequent violation which is considered by the court. For the purposes of this subsection, the term “technical and minor violations of the conditions of probation or supervision” shall not include arrests or convictions for new criminal offenses. Under this section, the purpose of home confinement is to reduce the number of persons held at Level V and Level IV facilities by substituting home confinement when appropriate. The Department shall develop guidelines for probation officers to assist them in providing consistent and appropriate responses to compliance and violations of the conditions of probation or supervision.

(e) A probationer for whose return a warrant cannot be served, shall be deemed a fugitive from justice or to have fled from justice. If it shall appear that probationer has violated probation or suspended sentence, the court shall determine whether the time from issuing of the warrant to the date of the probationer’s arrest, or any part of it, shall be counted as time served on probation or suspended sentence.

(f) The Justice of the Peace Court shall have jurisdiction over violations of probation where such probation or suspension of sentence was pursuant to an order of the Justice of the Peace Court.

11 Del. C. 1953, §  4335;  54 Del. Laws, c. 349, §  7;  66 Del. Laws, c. 133, §  1;  67 Del. Laws, c. 442, §  2;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 27, §  5;  74 Del. Laws, c. 322, §  4;  78 Del. Laws, c. 392, §  6; 

(a) The court may issue a warrant for the arrest of a probationer for violation of any of the conditions of probation or suspension of sentence, or a notice to appear to answer to a charge of violation. Such notice shall be personally served upon the probationer. The warrant shall authorize officers to return the probationer to the custody of the court or to the Department.

(b) The Commissioner, or any probation officer, when in the Commissioner’s or probation officer’s judgment there has been a violation of any condition of probation or suspension of sentence, may arrest such probationer without a warrant, or may deputize any other officer with power of arrest to do so by giving that officer a written statement setting forth that the probationer has, in the judgment of the Commissioner or probation officer, violated the conditions of probation or suspended sentence. The written statement delivered with the probationer by the arresting officer to the official in charge of the place of detention shall be sufficient warrant for the detention of the probationer. When an arrest is made by a probation officer, the Department shall present to the detaining authority a written statement of the circumstances of violation.

(c) Upon such arrest and detention, the Department shall immediately notify the court and shall submit in writing a report showing in what manner the probationer has violated the conditions of probation or suspension of sentence. Thereupon, or upon arrest by warrant as provided in subsection (b) of this section, the court shall cause the probationer to be brought before it without unnecessary delay, for a hearing on the violation charge. The hearing may be informal or summary. If the violation is established, the court may continue or revoke the probation or suspension of sentence, and may require the probation violator to serve the sentence imposed, or any lesser sentence, and, if imposition of sentence was suspended, may impose any sentence which might originally have been imposed.

(d) Notwithstanding any provision of subsection (c) of this section or any other law, rule or regulation to the contrary, the Department is authorized to administratively resolve technical and minor violations of the conditions of probation or supervision at Accountability Levels I, II, III or IV when a sanction less restrictive than Level V is being sought by the Department as a result of the violation, and is further authorized to administratively resolve technical and minor violations of conditions of probation at Accountability Levels I, II, III, or IV by placing the probationer at Accountability Level IV for a period of not more than 5 days consecutively, and not more than 10 days in any 1 calendar year, or on home confinement for a period of not more than 10 days consecutively, and not more than 20 days per calendar year. The Department shall adopt written procedures providing for administrative review for all cases in which an offender is placed at Level IV or home confinement pursuant to this subsection. All administrative dispositions imposed pursuant to this subsection shall be documented in the offender’s record and shall be made available to the court in the event of a subsequent violation which is considered by the court. For the purposes of this subsection, the term “technical and minor violations of the conditions of probation or supervision” shall not include arrests or convictions for new criminal offenses. Under this section, the purpose of home confinement is to reduce the number of persons held at Level V and Level IV facilities by substituting home confinement when appropriate. The Department shall develop guidelines for probation officers to assist them in providing consistent and appropriate responses to compliance and violations of the conditions of probation or supervision.

(e) A probationer for whose return a warrant cannot be served, shall be deemed a fugitive from justice or to have fled from justice. If it shall appear that probationer has violated probation or suspended sentence, the court shall determine whether the time from issuing of the warrant to the date of the probationer’s arrest, or any part of it, shall be counted as time served on probation or suspended sentence.

(f) The Justice of the Peace Court shall have jurisdiction over violations of probation where such probation or suspension of sentence was pursuant to an order of the Justice of the Peace Court.

11 Del. C. 1953, §  4335;  54 Del. Laws, c. 349, §  7;  66 Del. Laws, c. 133, §  1;  67 Del. Laws, c. 442, §  2;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 27, §  5;  74 Del. Laws, c. 322, §  4;  78 Del. Laws, c. 392, §  6;  84 Del. Laws, c. 473, § 15; 

(a) (1) Chief Investigative Services Officer. — The Superior Court and the Court of Common Pleas may appoint a suitable person in each of the counties of the State to conduct such presentence investigations and to perform such other duties, within or without the county of the person’s residence, as the Court may direct. Each person so appointed shall be a resident of this State and shall hold office at the pleasure of the Court. Each of such persons shall be the Chief Investigative Services Officer and shall be an officer of the Court.

(2) Investigative Services Officer. — The Superior Court and the Court of Common Pleas may also appoint an appropriate number of Investigative Services Officers in each county who shall have powers and responsibilities to conduct presentence investigations, as well as other types of investigations and investigative tasks, as directed by the Court and under the supervision of the Chief Investigative Services Officer.

(3) Support staff. — The Court may also appoint appropriate support staff in each county to ensure the proper functioning of each Investigative Services Office.

(b) Badges and identification. — Each Chief Investigative Services Officer and Investigative Services Officer shall be provided by the Court with an appropriate badge and identification.

(c) Presentence investigations for Superior Court. — Each Investigative Services Officer shall conduct such presentence investigations for the Superior Court as it shall direct, including an inquiry into such things as the circumstances of the offense, the motivation of the offender, and the criminal record, social history, behavior pattern and present condition of the offender. The report thereof shall be in such form and over such subjects as the Superior Court shall direct.

(d) Presentence investigations for the Court of Common Pleas. — Each Investigative Services Officer for the Court of Common Pleas shall conduct such presentence investigations for the Court of Common Pleas as it shall direct, including inquiring into such things as the circumstances of the offense, the motivations of the offender, and the criminal record, social history, behavior pattern and the present condition of the offender. The report thereof shall be in such form and cover such subjects as the Court of Common Pleas shall direct. In any county where a Court of Common Pleas Investigative Services Office does not exist, each Superior Court Investigative Services Officer shall, with the approval of the Superior Court, conduct such presentence investigations for the Court of Common Pleas as said Court shall order. The report thereof shall be in such form and cover such subjects as the Court of Common Pleas shall direct.

(e) “Investigative Services Officer” definition. — An “Investigative Services Officer” is a person selected by the Court through such person’s training and experience to produce reports as identified above to assist the Court in determining restitution, costs and recommendations for sentences for a person convicted of an offense under the Delaware Code.

11 Del. C. 1953, §  4336;  54 Del. Laws, c. 349, §  7;  57 Del. Laws, c. 184;  57 Del. Laws, c. 228, §§  11-35;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 60, §  6;  78 Del. Laws, c. 227, §  1; 

(a) Notwithstanding any other provision of law to the contrary, the Department of Correction or the Department of Services to Children, Youth and Their Families (DSCYF) as the case may be, shall provide written notice to the Attorney General, to the chief law-enforcement officer of the jurisdiction which made the original arrest, to the chief law-enforcement officer where the prisoner intends to reside and to the Superintendent of State Police, of the release from incarceration of any person who has been convicted of:

(1) a. Any of the offenses specified in §§ 764 through 777 of this title;

b. Any of the offenses specified in §§ 1108 through 1111 of this title; or

c. Attempt to commit any of the foregoing offenses, or of the release of any juvenile adjudicated delinquent on the basis of an offense which, if committed by an adult, would constitute:

(2) a. Any of the offenses specified in §§ 764 through 777 of this title;

b. Any of the offenses specified in §§ 1108 through 1111 of this title; or

c. Attempt to commit any of the foregoing offenses.

(b) Notwithstanding any other provision of law to the contrary, the official in charge of any other institution where an inmate is confined because of the commission or attempt to commit any of the offenses specified subsection (a) of this section, or the official in charge of a state hospital to which a person is committed as a result of having been convicted or adjudged guilty but mentally ill or adjudged not guilty by reason of insanity of 1 of the offenses specified in subsection (a) of this section, shall provide written notice to the Attorney General, to the chief law-enforcement officer of the jurisdiction which made the original arrest, to the chief law-enforcement officer where the prisoner intends to reside and to the Superintendent of State Police of the release from such institution or state hospital of any such inmate or person.

(c) Any notice required pursuant to subsection (a) or subsection (b) of this section shall be given no more than 90 days, and no less than 45 days, prior to such person’s release. The notice shall include, without limitation, the legal name, any alias or nicknames, age, sex, race, fingerprints, all known identifying factors, offense history, anticipated future residence and a photo of the released person supplied by the Department of Correction or the DSCYF, as the case may be, and taken not more than 90 days prior to release. No person shall be released from incarceration or confinement unless and until the person cooperates with the appropriate authorities pursuant to this section.

(d) Notwithstanding any other provision of law to the contrary, the court, where a person convicted of any of the offenses specified in subsection (a) of this section is released by a state court on probation or discharged by a state court upon payment of a fine, shall provide written notice to the Attorney General, to the chief law-enforcement officer of the jurisdiction which made the original arrest, to the chief law-enforcement officer where the convicted person intends to reside and to the Superintendent of State Police of the release from such court.

(e) Any notice pursuant to subsection (d) of this section shall be given no more than 5 working days after the person’s release. The notice shall include, without limitation, the following information as it is available to the court or notation as to the repository for said information: the legal name, any alias or nicknames, age, sex, race, fingerprints, all known identifying factors, offense history, anticipated future residence and a photo taken not more than 90 days prior to release.

(f) The Attorney General shall use any reasonable means to notify the victim of the anticipated release unless the victim has requested not to be notified.

(g) The Attorney General shall, within 10 days after receiving notification of a pending release pursuant to subsection (a) or subsection (b) of this section, or notification of release pursuant to subsection (d) of this section, assess the offender in accordance with the Registrant Risk Assessment Scale, the form of which and a manual for which are attached hereto as Exhibit A. The Attorney General shall notify the Delaware State Police and the chief law-enforcement officer of the jurisdiction where the offender intends to reside as to the resulting score on the Registrant Risk Assessment Scale, and shall forward a copy of the completed Registrant Risk Assessment Scale to the Superintendent of the Delaware State Police and to the chief law-enforcement officer of the jurisdiction where the registrant offender intends to reside.

(h) The chief law-enforcement officer of the jurisdiction where the inmate intends to reside, or the Superintendent of State Police if no local agency exists, shall provide notification of the convicted sex offender’s release in accordance with the following guidelines:

(1) Those persons receiving a “Low Risk” score on the Registrant Risk Assessment Scale shall be considered a Tier One offender. The release of Tier One offenders will require notification to all law-enforcement agencies with jurisdiction over the area where the offender intends to reside.

(2) Those persons receiving a “Moderate Risk” score on the Registrant Risk Assessment Scale shall be considered a Tier Two offender. In addition to law-enforcement notification, the release of a Tier Two offender shall require a Community Organization Alert pursuant to this paragraph. Such Community Organization Alert may include a photograph of the offender if deemed appropriate by the notifying agency. In order to be a community organization entitled to Tier Two notification, such organizations must register with the local law-enforcement agency, or where the community has no local law-enforcement agency, with the Superintendent of State Police. Organizations may only be included on the notification list if they operate an establishment where children gather under their care or where women are cared for. The State Board of Education shall provide all law-enforcement agencies within the State a list of all educational institutions within the Board’s administration. Every law-enforcement agency shall automatically register each institution on the Board’s list located within its jurisdiction. Notification will go to those organizations which, at any specific time, are likely to encounter the released offender. “Likely to encounter” for the purposes of this section means that the location of any organization is such that they are in close geographic proximity to a location where the released offender resides or visits or can be presumed to visit on a regular basis.

(3) Those persons receiving a “High Risk” score on the Registrant Risk Assessment Scale shall be considered a Tier Three offender. In addition to law-enforcement notification and a Community Organization Alert, the release of a Tier Three offender shall require community notification pursuant to this paragraph. Community notification shall be conducted by door-to-door appearances or by mail or by other methods devised specifically to notify members of the public likely to encounter the offender. Community notification should be targeted to a defined community. Such community notification may include a photograph of the offender if deemed appropriate by the notifying agency.

(i) A complete register of all persons convicted after June 27, 1994, of any of the offenses specified in subsection (a) of this section, or of attempt to commit any of such offenses shall be created, maintained and routinely updated by the Delaware State Police for immediate accessibility by the Delaware Justice Information System (DelJIS) computer to all law-enforcement agencies. Such register shall be accessible by the name of each offender or by county of residence of each offender. The register required by this subsection shall be established by the Delaware State Police no later than 6 months after June 21, 1996.

(j) All elected public officials, public employees and public agencies are immune from civil liability for any discretionary decision to release relevant information unless it is shown that the official, employee or agency acted with gross negligence or in bad faith. The immunity provided under this section applies to the release of relevant information to other employees or officials or to the general public.

(k) There shall be no civil legal remedies available as a cause of action against any public official, public employee or public agency for failing to release information as authorized in this section.

(l) In addition to those circumstances enumerated in this section, law-enforcement agencies shall notify any member of the public of the release of a person described in subsection (a), subsection (b) or subsection (d) of this section where such released person may pose a particular threat or danger to a member of the public.

(m) The Court in which any person described in subsection (a) of this section is sentenced shall designate for the Department of Correction or the DSCYF, as the case may be, at the time of sentencing that notice in accordance with this section shall be required.

(n) The Court in which any person described in subsection (b) of this section is sentenced shall designate for the official in charge of the institution of confinement or state hospital at the time of sentencing that notice in accordance with this section shall be required.

(o) The Court in which any person described in subsection (d) of this section is sentenced shall determine, at the time of sentencing, that notice in accordance with this section shall be required.

(p) The Department of Technology and Information shall provide public notification of the name of every person designated by the Attorney General as a Tier Three sex offender pursuant to paragraph (h)(3) of this section (including any known alias), the last verified address of the offender, the title of any sex offense for which the offender has been convicted and the date of conviction. Such information shall be searchable by the name of the sex offender and by geographic criteria, and shall be made available to the public by the Internet, and by printed copy that shall be available on request at any state or local police agency and all public libraries within the State. Such information shall be updated as often as practicable, but not less than every 3 months, and shall be maintained by the Superintendent of the Delaware State Police, as set forth in § 4120 of this title, and elsewhere in this section.

(q) This section shall apply with respect to persons convicted after June 21, 1996, but before March 1, 1999.

69 Del. Laws, c. 469, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 373, §  1;  71 Del. Laws, c. 428, §  1;  71 Del. Laws, c. 429, §  3;  74 Del. Laws, c. 128, §  1;  77 Del. Laws, c. 318, §  6;