Delaware Code

11 Del. C. § 4221 (2026)

Modification, deferral, suspension or reduction of sentence for serious physical illness, injury or infirmity

✓ current as of May 2026

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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 portion thereof, where the court finds by clear and convincing evidence, or by stipulation of the State, that the person to be sentenced suffers from a serious physical illness, injury or infirmity with continuing treatment needs which make incarceration inappropriate and that such person does not constitute a substantial risk to the community.

77 Del. Laws, c. 304, § 1;

Notes of Decisions

Cited in 9 cases (6 in the last 5 years), 2017–2023 · leading case: State v. Harrington (Del. Super. Ct. 2017).

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State v. Harrington (Del. Super. Ct. 2017). · cites it 5× “Harrington claims that he has health concerns that warrant relief from his sentence pursuant to 11 Del. C. § 4221. That provision provides, in relevant part, that a court may modify, defer, suspend or reduce a minimum or mandatory sentence of 1 year or less, or a portion…”

Woods v. Staet (Del. 2021). · cites it 5× “” He invoked 11 Del. C. § 4221 and the Eighth Amendment and sought review of his sentence based on the effects of the COVID-19 pandemic within the prison and, in particular, because he has a chronic health condition and has contracted COVID-19 twice while incarcerated.”

Drummond v. State (Del. 2021). · cites it 3× “Invoking 11 Del. C. § 4221 and the Eighth Amendment, he sought review of his sentence based on the effects of the COVID-19 pandemic within the prison and, in particular, because he has asthma, which places him at increased risk of complications from COVID-19.”

O'Neal v. State (Del. 2020). · cites it 2× “Citing 11 Del. C. § 4221 and 16 Del. C. § 2214, O’Neal asked the Superior Court to modify his sentence to suspend both the remainder of his Level V sentence following his completion of the Key Program and the Level IV portion of his sentence.”

White v. State (Del. 2021). · cites it 2× “(4) On December 28, 2020, White filed a motion for sentence review under 11 Del. C. § 4221. On January 6, 2021, the Superior Court denied the motion.”

State v. Rothenberg (Del. Super. Ct. 2017). “8 11 Del. C. § 4221 (emphasis added). 9 State v.”

State v. Bolling (Del. Super. Ct. 2021). “Bolling’s resort to 11 Del. C. § 4221 is unvailing; his sentence is well over a year in duration.”

Chrichlow v. State (Del. 2021). “2 In his opening brief, Chrichlow argues that the Superior Court erred by treating the motion as if it was filed under Superior Court Criminal Rule 35(b) instead of the Eighth Amendment of the United States Constitution and 11 Del.”

Mumford v. State (Del. 2023). “§ 4217 (authorizing a trial court to retain jurisdiction to modify a sentence for good cause under certain circumstances, including the “serious medical illness or infirmity of the offender”); see also 11 Del. C. § 4221 (addressing “[m]odification, deferral, suspension or…”

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