§ 4391 Definitions
§ 4392 Identification and selection of participants
§ 4393 Requirements for participation
§ 4394 Requirements for continued participation

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Terms Used In Delaware Code > Title 11 > Chapter 43 > Subchapter IX - House Arrest

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Commissioner of the Department: means Commissioner of the Department of Correction. See Delaware Code Title 11 Sec. 4302
  • Community service: means the performance of work or service for a nonprofit or other tax-supported entity by an offender without pay for a specified period of time. See Delaware Code Title 11 Sec. 4302
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Court: means Superior Court, Family Court, Court of Common Pleas, or Justices of the Peace Courts. See Delaware Code Title 11 Sec. 4302
  • Crime of violence: means any crime which involves the use or threat of physical force or violence against any individual. See Delaware Code Title 11 Sec. 4391
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Correction. See Delaware Code Title 11 Sec. 4302
  • Dower: A widow
  • Good standing: means that an offender participating in the house arrest program has, at the time such person entered the program and continuously thereafter, met the following qualifications:

    a. See Delaware Code Title 11 Sec. 4391

  • house arrest program: means a form of intensive supervised custody in the community, including surveillance on weekends, administered by intensive supervision officers. See Delaware Code Title 11 Sec. 4391
  • Judge: means any judge of any court as herein defined. 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • 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.
  • public service: include any of the following:

    a. See Delaware Code Title 11 Sec. 4391

  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.