Delaware Code Title 11 Sec. 4383 – Earned compliance credit for probation
(a) Any periods of probation sentenced to or released to probation on or after August 8, 2012, may be reduced by earned compliance credit under the provisions of this chapter and rules and regulations adopted by the Department of Correction.
Terms Used In Delaware Code Title 11 Sec. 4383
- Conditional release: means the release of an offender from incarceration to the community by reason of diminution of the period of confinement through merit and good behavior credits. See Delaware Code Title 11 Sec. 4302
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department of Correction. See Delaware Code Title 11 Sec. 4302
- Offender: means any person who has been brought within the jurisdiction of the Superior Court, Family Court, or Court of Common Pleas or within the scope of duties of the Board of Parole or the Board of Pardons. See Delaware Code Title 11 Sec. 4302
- Probation: means the sentencing without imprisonment of an offender by judgment of the court following establishment of guilt, subject to the conditions imposed by the court, including the supervision and guidance of the Department's field services. See Delaware Code Title 11 Sec. 4302
- 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.
(b) Persons under supervision may earn up to 30 days of credit for 30 days of compliance with conditions of supervision, not to exceed 1/2 of their probationary period.
Earned compliance credit will be forfeited upon conviction of a new crime and may be forfeited upon revocation of probation.
(c) For any offender released on or after August 8, 2012, a period of conditional release shall be served concurrently with the probationary period.
(d) Earned compliance credit shall not be available to reduce any period of probation:
(1) Imposed for any sexual offense as defined in § 761 of this title; or
(2) Imposed for any violent felony in this title as designated by § 4201(c) of this title; or
(3) Imposed for any offense set forth in the Delaware Code if the period of probation is imposed to ensure the collection of any restitution ordered and the individual is sentenced to Accountability Level I—Restitution Only; or
(4) Imposed for such other categories of offenses as set forth in the rules and regulations adopted by the Department of Correction.