Del. C. » Title 11 — Delaware Criminal Code · CHAPTER 4. Defenses to Criminal Liability · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 404 (2026)

Confinement in Delaware Psychiatric Center of persons too mentally ill to stand trial; requiring State to prove prima facie case in such circumstances; adjustment of sentences

✓ current as of May 2026
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(a) Whenever the court is satisfied, after hearing, that an accused person, because of mental illness or serious mental disorder, is unable to understand the nature of the proceedings against the accused, or to give evidence in the accused’s own defense or to instruct counsel on the accused’s own behalf, the court may order the accused person to be confined and treated in the Delaware Psychiatric Center until the accused person is capable of standing trial. However, upon motion of the defendant, the court may conduct a hearing to determine whether the State can make out a prima facie case against the defendant, and if the State fails to present sufficient evidence to constitute a prima facie case, the court shall dismiss the charge. This dismissal shall have the same effect as a judgment of acquittal.

(b) When the court finds that the defendant is capable of standing trial, the defendant may be tried in the ordinary way, but the court may make any adjustment in the sentence which is required in the interest of justice, including a remission of all or any part of the time spent in the Psychiatric Center.

11 Del. C. 1953, §  404;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 203, §  3;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 550, §  1;  78 Del. Laws, c. 224, §  5; 
Notes of Decisions
Cited in 21 cases (14 in the last 5 years), 1981–2025 · leading case: State v. Topolski (Del. Super. Ct. 2023).
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State v. Topolski (Del. Super. Ct. 2023). · cites it 12× “”5 At the same time, the General Assembly enacted the original 11 Del. C. § 404 to govern pre-trial procedure for criminal defendants who are found incompetent to stand trial.”
State v. Topolski (Del. Super. Ct. 2023). · cites it 11× “Topolski’s right to a speedy trial was invoked for the first time in this motion, the reason for delay— Mr.”
State v. Keys (Del. Super. Ct. 2018). · cites it 5× “”'2 Thus, in this Court, it is 11 Del. C. § 404 that governs the placement of individuals deemed not competent to stand trial.”
State v. Silvils (Del. Super. Ct. 2022). · cites it 3× “3 11 Del. C. § 404(a) (emphasis added). This statutory standard tracks the standards set forth by the United States Supreme Court in Dusky v.”
State v. Oakley (Del. Super. Ct. 2022). · cites it 3× “At Defense Counsel’s request, this Court conducted a hearing on April 13 to determine if the State has made out a prima facie case against Defendant under 11 Del. C. § 404(a). For the reasons that follow, the State’s Motion is GRANTED.”
State v. Silvils (Del. Super. Ct. 2022). · cites it 3× “Successive hearings are expressly contemplated by 11 Del. C. § 404(a). The statute recognizes that if a court finds a defendant incompetent, that defendant must be committed to DPC for restorative treatment until he or she can stand trial.”
State v. Silvils (Del. Super. Ct. 2022). · cites it 3× “Successive hearings are expressly contemplated by 11 Del. C. § 404(a). The statute recognizes that if a court finds a defendant incompetent, that defendant must be committed to DPC for restorative treatment until he or she can stand trial.”
State v. Silvils (Del. Super. Ct. 2022). · cites it 3× “Successive hearings are expressly contemplated by 11 Del. C. § 404(a). The statute recognizes that if a court finds a defendant incompetent, that defendant must be committed to DPC for restorative treatment until he or she can stand trial.”
State v. Perry (Del. Super. Ct. 2023). · cites it 3× “36 11 Del. C. § 404(a). 37 See Shields, 593 A.”
State v. Hinton (Del. Super. Ct. 2018). · cites it 2× “19 Thus, the onus is necessarily on the State to provide a mechanism for competency restoration_something it does in most instances, but unfortunately, not for non- incarcerated defendants Title 11 Del. C. § 404 provides that “the court may order the accused person to be…”
State v. Williamson (Del. Super. Ct. 2020). · cites it 2× “’47 11 Del C. § 404(a) states in pertinent part: (a) Whenever the court is satisfied, after hearing, that an accused person, because of mental illness or mental defect, is unable to understand the nature of the proceedings against the accused, or to give evidence in the…”
State v. Thomas (Del. Super. Ct. 2020). · cites it 2× “11 Del. C. § 404. 25 State v. Thomas, No.”
Show all 21 citing cases →
— 11 Del. C. § 404(a) — 19 cases
State v. Topolski (Del. Super. Ct. 2023). “Topolski’s right to a speedy trial was invoked for the first time in this motion, the reason for delay— Mr.”
State v. Topolski (Del. Super. Ct. 2023). “”5 At the same time, the General Assembly enacted the original 11 Del. C. § 404 to govern pre-trial procedure for criminal defendants who are found incompetent to stand trial.”
State v. Silvils (Del. Super. Ct. 2022). “3 11 Del. C. § 404(a) (emphasis added). This statutory standard tracks the standards set forth by the United States Supreme Court in Dusky v.”
State v. Oakley (Del. Super. Ct. 2022). “At Defense Counsel’s request, this Court conducted a hearing on April 13 to determine if the State has made out a prima facie case against Defendant under 11 Del. C. § 404(a). For the reasons that follow, the State’s Motion is GRANTED.”
State v. Silvils (Del. Super. Ct. 2022). “Successive hearings are expressly contemplated by 11 Del. C. § 404(a). The statute recognizes that if a court finds a defendant incompetent, that defendant must be committed to DPC for restorative treatment until he or she can stand trial.”
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