(a) No person shall be eligible for the house arrest program unless the person meets the following requirements:

(1) Participation shall be; voluntary.

(2) Participation shall be limited to the following types of offenders:

a. Individuals found guilty of crimes who, due to the characteristics of the crime and/or the offender‘s background, would not be placed on regular probation.

b. Probation violators charged with technical or misdemeanor violations.

c. Parole violators charged with technical or misdemeanor violations.

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Terms Used In Delaware Code Title 11 Sec. 4393

  • Arrest: Taking physical custody of a person by lawful authority.
  • Commissioner of the Department: means Commissioner of 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
  • Parole: means the release by the Parole Board of an offender from incarceration to the community prior to the expiration of the offender's term, subject to the supervision and guidance of the Department. 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.
  • 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) The supervision of offenders assigned to home confinement and the use of the electronic monitoring devices shall be restricted to the area within the geographical boundaries of the State unless otherwise determined by the Commissioner of the Department of Correction.

66 Del. Laws, c. 29, § ?3; 73 Del. Laws, c. 320, § ?3; 83 Del. Laws, c. 35, § 4;