Delaware Code Title 11 Sec. 4104 – Fines, fees, costs, assessments, or restitution; how collected; …
(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, fee, cost, or assessment, the court may not make the 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 penalty, assessment, or fee to a defendant for a capias issued due to the defendant’s nonpayment of a fine, fee, cost, assessment, or restitution.
Terms Used In Delaware Code Title 11 Sec. 4104
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(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 defendant 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, § ?2; 57 Del. Laws, c. 513, §§ ?2, 3; 59 Del. Laws, c. 194, § ?1; 59 Del. Laws, c. 269, § ?1; 63 Del. Laws, c. 140, § ?1; 63 Del. Laws, c. 141, §§ ?7, 8; 63 Del. Laws, c. 223, §§ ?1-4; 70 Del. Laws, c. 186, § ?1; 74 Del. Laws, c. 110, § ?5; 83 Del. Laws, c. 441, § 6;