Title 11 — Crimes and Criminal Procedure

§ 4211. Payment of expenses. Any person treated under § 4210 of this title shall, any law to the contrary notwithstanding, be responsible for the incurred expenses, and shall be billed for same by the Department of Mental Health.11 Del. C. 1953, § 4211; 58 Del. Laws, c. 497, § 2;

§ 4212. Definitions relating to §§ 4210 and 4211. For the purposes of §§ 4210 and 4211 of this title, the following words and phrases shall have the meanings respectively ascribed to them: (1) “Chronic alcoholic” shall mean a person who compulsively and habitually uses alcoholic …

§ 4213. Arrest of persons under the influence of drugs; drug detoxification centers. (a) For purposes of this section only, the following phrases shall have meanings respectively ascribed to them: (1) “A person under the influence of drugs” shall mean a person whose powers of sel…

§ 4214. Habitual criminal; life sentence (a) Any person who has been 2 times convicted of a Title 11 violent felony, or attempt to commit such a violent felony, as defined in § 4201(c) of this title under the laws of this State, and/or any comparable violent felony as defined by …

§ 4215. Sentence of greater punishment because of previous conviction. (a) If at the time of sentence, it appears to the court that the conviction of a defendant constitutes a second or other conviction making the defendant liable to a punishment greater than the maximum which ma…

§ 4215A. Sentence of greater punishment because of previous conviction under prior law or the laws of other jurisdictions. (a) Notwithstanding any provision of law to the contrary, if a previous conviction for a specified offense would make the defendant liable to a punishment gr…

§ 4216. Transition provisions. (a) Where an inmate is serving a sentence to Level V (incarceration) imposed not under the Truth in Sentencing Act of 1989 and receives a subsequent sentence to Level V under the provisions of the Truth in Sentencing Act, serving of the earlier sent…

§ 4217. Jurisdiction over sentence retained; sentence modification process. (a) (1) For purposes of this section, “person” means an individual serving an aggregate sentence of incarceration at Level V in excess of 1 year. (2) If a court imposes an aggregate sentence of incarcerat…

§ 4218. Probation before judgment. (a) Subject to the limitations set forth in this section, for a violation or misdemeanor offense under Title 4, 7, or this title, or for any violation or misdemeanor offense under Title 21 which is designated as a motor vehicle offense subject t…

§ 4219. Continuous Remote Alcohol Monitoring Program. (a) There is hereby established for sentencing and probation purposes a Continuous Remote Alcohol Monitoring Program which shall use technology to monitor offenders for alcohol use. The program shall be administered by the Dep…

§ 4220. Modification, suspension or reduction of sentence for substantial assistance. (a) The Attorney General may move the sentencing court to modify, reduce or suspend the sentence of any person who is convicted of any crime or offense specified in this Code, and who provides s…

§ 4221. Modification, deferral, suspension or reduction of sentence for serious physical illness, injury or infirmity. Notwithstanding any provision of law to the contrary, a court may modify, defer, suspend or reduce a minimum or mandatory sentence of 1 year or less, or a portio…

§ 4501. Formal defects and clerical errors. In a criminal case, judgment shall not be reversed for any clerical misprision or formal defect, if the record contains substantial ground for judgment. The omission of the words “with force and arms” shall be deemed a defect in form me…

§ 4502. Stay of execution on writ of error or certiorari; requirements. No writ of error or writ of certiorari issuing from the Supreme Court in any criminal cause shall operate as a stay of execution of the sentence of the trial court unless such writ of error or writ of certior…

§ 4503. Convictions before alderman or mayor; advising accused of right to trial by Court of Common Pleas. (a) Excepting those cases in which the sentence for the conviction of a crime was imprisonment not exceeding 1 month, or a fine not exceeding $100, any person convicted befo…

§ 4504. Postconviction remedy. (a) Except at a time when direct appellate review is available, and subject to the time limitations set forth in this subsection, a person convicted of a crime may file in the court that entered the judgment of conviction a motion requesting the per…

§ 5301. General provisions. (a) The accused shall have the right to trial by petit jury in all criminal cases except as otherwise provided by statute. (b) The Court shall have the power to receive pleas of guilty from persons charged with misdemeanors and to impose sentence or pr…

§ 5302. Rules of criminal procedure. The Judges of the Court, or a majority of them, may, from time to time, adopt and promulgate general rules which prescribe and regulate the form and manner of process, pleading, practice and procedure governing criminal proceedings in the Cour…

§ 5303. Election by accused to have case tried by Court when proceeding brought before justice of the peace. The accused in all criminal cases in which there is a possibility that a period of incarceration may be imposed or the maximum fine is $100 or more where a justice of the …

§ 5304. Contempt; issuance of process in aid of jurisdiction. (a) The Court may punish contempt and may issue all process necessary for the exercise of its criminal jurisdiction, which process may be executed in any part of the State. (b) The Court, in the exercise of its crimina…

§ 5305. Bail and commitment upon election to trial by Court. (a) In all those cases where, by § 5303 of this title, the accused may elect to be tried by the Court, if the accused elects to be tried by the Court, the justice of the peace shall hold such accused under sufficient ba…

§ 5306. Witness fees. (a) The witnesses attending the Court in criminal cases shall receive the same fees as in the Superior Court. (b) In criminal cases witness fees shall be taxed as part of the costs of such proceeding.11 Del. C. 1953, § 5306; 59 Del. Laws, c. 133, § 3;

§ 5307. Legal counsel for public officers and employees. Any public officer or employee, in any criminal action against such officer or employee arising from the officer’s or employee’s state employment, shall be entitled to petition the Court for a Court-appointed attorney to re…

§ 5308. Preliminary hearing. A Court of Common Pleas Judge shall conduct a preliminary hearing in accordance with the rules of criminal procedure promulgated by the Court of Common Pleas.61 Del. Laws, c. 348, § 1;

§ 5901. Advising accused of right to trial by Court of Common Pleas. In all criminal cases in all counties where a justice of the peace has jurisdiction to hear and determine the matter and the accused has the right to elect to have the case tried by the Court of Common Pleas, ev…

§ 5902. Assault; trial procedure. In every case of assault in which the defendant elects to be tried in the Justice of the Peace Court, the prosecution shall proceed consistent with the Justice of the Peace Court Criminal Rules.Code 1852, § 2016; Code 1915, § 3958; Code 1935, § 4…

§ 5903. Arrest upon complaint; escaped persons. Every justice of the peace shall cause to be arrested, on proper complaint, all persons found within the justice’s county charged with any offense and all persons who, after committing any offense in such county, shall escape out of…

§§ 5904, 5905. Arrest of drunkards and profane swearers; Sunday hearing of motor vehicle, motorboat, fish and game and Criminal Code violations [Repealed]. Repealed by 75 Del. Laws, c. 278, § 2, effective June 13, 2006.

§ 5906. Examination of law-enforcement officer’s warrant of arrest; form. (a) When complaint is made in due form to a justice of the peace by a law-enforcement officer, alleging that an offense has been committed, the justice shall carefully examine the law-enforcement officer on…

§ 5907. Disposition of complaint by third person of an assault and battery [Repealed]. Repealed by 75 Del. Laws, c. 278, § 2, effective June 13, 2006.

§ 5908. Execution of warrant of arrest. A warrant of arrest, issued by a justice of the peace in 1 county, may be executed in any county of the State. The constable or officer having it in hand may command aid as in the constable’s or officer’s own county.Code 1852, § 2036; Code …

§ 5909. Proceedings on arrest. (a) Upon the arrest of any person according to this chapter, the person arrested shall be brought before a Justice of the Peace Court in the county in which the offense was alleged to have occurred unless a Justice of the Peace Court in another coun…

§ 5910. Use of audiovisual devices. Anything else in this or any other chapter or title notwithstanding, those proceedings specified by court rule may be conducted by audiovisual device. Audiovisual monitors shall be situated in the courtroom and at the location where the defenda…

§ 5911. Procedure where probable ground for accusation is found. (a) If a justice of the peace considers there is probable ground for an accusation, the justice shall, in case of a capital crime, commit the accused for trial, and in any other case bind the accused, with sufficien…

§ 5912. Subpoenas and warrants in criminal cases; enforcement. Any justice of the peace, in the exercise of that justice’s criminal jurisdiction, may issue subpoenas and other warrants into any county in the State for summoning or bringing any person to give evidence in any matte…

§ 5913. Endorsing names of witnesses on commitments and recognizances. (a) Justices of the peace and other officers of this State, who give persons charged with the commission of any crime, preliminary hearings, shall endorse on the back of such commitments and recognizances, the…

§ 5914. Transcripts of docket entries. (a) The Justice of the Peace Court, upon request and payment or tender of the legal fee, shall make and certify under seal a true transcript of all the docket entries in any cause before the court, or upon any record in the Court’s possessio…

§ 5915. Fines, costs and restitution; collection and disposition. (a) All fines, costs, restitution, penalties, charges and emoluments imposed or levied by the Justice of the Peace Court, including those costs now levied for constables, shall be for such amounts as are provided b…

§ 5916. Collecting costs according to statute; acting as collecting agent; penalties [Repealed]. Repealed by 75 Del. Laws, c. 278, § 2, effective June 13, 2006.

§ 5917. Jurisdiction over violations of ordinances, codes and regulations of the governments of the several counties and municipalities; penalty; appeal; disposition of fines. (a) Justices of the peace shall have jurisdiction throughout the State to hear, try and finally determin…

§ 5918. Records of warrants and bonds. All traffic and criminal warrants and bonds shall be retained of record in the Justice of the Peace Court that issued same. A justice of the peace shall certify transcripts of such records to be a true copy of the original.27 Del. Laws, c. 2…

§ 5919. Legal counsel for public officers and employees [Repealed]. Repealed by 75 Del. Laws, c. 278, § 2, effective June 13, 2006.

§ 5920. Appeals. From any order, ruling, decision, judgment or sentence of the Court entered in a Justice of the Peace Court in a criminal action pursuant to this title in which the sentence shall be imprisonment exceeding 1 month or a fine exceeding $100, the accused shall have …

§ 6601. Findings and purposes. The General Assembly hereby finds that the physical restraint of persons in custody during pregnancy, labor, and recovery presents serious risks to the health and well-being of mother and baby. In most circumstances, the use of restraints is unneces…

§ 6602. Definitions. As used in this chapter: (1) “Correctional institution” means any entity under the authority of any state, county, or municipal law-enforcement division that has the power to detain or restrain a person under the laws of the State. (2) “Corrections official” …

§ 6603. Use of restraints on pregnant prisoners; other prohibitions. (a) (1) Except as provided in paragraphs (a)(2) and (3) of this section, a correctional institution may not use restraints on a pregnant prisoner who is in the second or third trimester of pregnancy, in labor, i…

§ 6604. Enforcement. (a) By August 11, 2012, all affected correctional institutions in Delaware shall adopt policies and procedures, pursuant to this chapter as contemplated by § 4322(d) of this title. (b) Correctional institutions shall inform pregnant and postpartum prisoners o…

§ 6605. Annual report. No later than 30 days before the end of each fiscal year, the Commissioner of the Department of Correction shall submit a written report to the Office of the Governor, the Chairs of the House Corrections Committee and the Senate Corrections and Public Safet…

§ 6701. Findings and purposes. (a) The General Assembly hereby finds that certain offenders, especially young adults, respond positively to a short term military-type program which would provide for the restructuring of behavior through a highly-regimented routine of physical exe…

§ 6702. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them herein, except where the context clearly indicates a different meaning: (1) “Bureau” shall mean the Bureau of Prisons. (2) “Department” shall mean the …