Del. C. » Title 11 — Criminal Procedure Generally · CHAPTER 43. Sentencing, Probation, Parole and Pardons · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 4302 (2026)

Definitions

✓ current as of May 2026
Find cases: SyfertCases citing this section DE-DELCdelcode.delaware.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

As used in this chapter:

(1) “Board of Pardons” means that Board as established by the Constitution and laws.

(2) “Commissioner” or “Commissioner of the Department” means Commissioner of the Department of Correction.

(3) “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. Such service is intended as a symbolic form of restitution meant to serve as an appropriate means of punishment and rehabilitation of the offender and as a means of addressing the community’s need to be made whole.

(4) “Conditional release” means the release of an offender from incarceration to the community by reason of diminution of the period of confinement through merit and good behavior credits. A person so released shall be known as a releasee.

(5) “Court” means Superior Court, Family Court, Court of Common Pleas, or Justices of the Peace Courts.

(6) “Criminogenic needs” means the dynamic factors or conditions that, when addressed in an individualized manner with evidence-based interventions, can significantly reduce the likelihood of recidivism.

(7) “Department” means the Department of Correction.

(8) “Goals of supervision” means deterrence of criminal conduct, protection of the community, protection of victims, and rehabilitation of the individual on probation.

(9) “Judge” means any judge of any court as herein defined.

(10) “Law” means the laws of this State, including any ordinance of any subdivision or municipality.

(11) “Merit and good behavior credits” means that diminution of the period of confinement, as provided by law, by reason of industrious and cooperative conduct.

(12) “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.

(13) “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. A person placed upon parole shall be known as a parolee.

(14) “Parole Board” means the duly established Board of Parole as the paroling authority of the State.

(15) “Presentence investigation” means the procedure by which the court, subsequent to conviction but prior to sentencing, obtains information concerning the offender sufficient to evaluate the offender’s conduct and to determine the offender’s potentialities for rehabilitation, with appropriate recommendations for judicial disposition. Said presentence investigation shall be embodied in a written report.

(16) “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. A person placed upon probation or under suspended sentence under supervision shall be known as a probationer.

(17) “Probation and parole officer” means an employee of the Department with the qualifications, and having powers and responsibilities pertaining to investigation, supervision and otherwise, provided by law or determined by the Department within the scope of this chapter.

11 Del. C. 1953, §  4302;  54 Del. Laws, c. 349, §  7;  57 Del. Laws, c. 591, §§  44-46;  59 Del. Laws, c. 370, §  1;  60 Del. Laws, c. 251, §§  7-9;  66 Del. Laws, c. 233, §  2;  67 Del. Laws, c. 316, §  1;  67 Del. Laws, c. 442, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 176, §§  18, 19;  78 Del. Laws, c. 305, §  1;  85 Del. Laws, c. 67, § 1; 

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1969–2023 · leading case: Jackson v. Multi-Purpose Crim. Just. Facility, 700 A.2d 1203 (Del. 1997).
Sort: Relevance Newest Treatment
Jackson v. Multi-Purpose Crim. Just. Facility, 700 A.2d 1203 (Del. 1997). “…to the community. by reason of diminution of the period of confinement through merit and good behavior credits." 11 Del.C. § 4302(5).”
Fonville v. McLaughlin, 270 A.2d 529 (Del. 1970). “See 11 Del.C. § 4302. Accordingly, we hold that Johnson was “convicted” of an infamous crime in 1951, within the meaning of the term as used in Art.”
United States ex rel. Austin v. Anderson, 293 F. Supp. 1356 (D. Del. 1969). “Although the petitioner had actually been free from incarceration on a “conditional release” and not on “parole”, as those terms are defined in the statute (11 Del.C. § 4302), the term “parole” will be used throughout this opinion to avoid confusion.”
Ramsey v. State (Del. 2019). “Ramsey 2 11 Del. C. § 4302(4). 3 did not have probation associated with his Level V sentence for identity theft and PFBPP.”
Lewis v. State (Del. 2020). “” 11 Del. C. § 4302(4). 2 1411015792. The Superior Court found Lewis in violation, but discharged him for completing his sentence in Criminal ID No.”
Hartmann v. State (Del. 2023). “17, 2004) (“In this case, the record reflects that Campbell is serving a sentence imposed by the Superior Court, which had jurisdiction to find a VOP and impose a VOP sentence.”
X v. Carney (D. Del. 2021). “See 11 Del. C. § 4302(4). Plaintiff alleges that he is a prisoner of Defendant Delaware Department of Correction (“DOC”), and he purports to pursue this action on behalf of all persons similarly situated, including prisoners, correctional officers, first-line correctional…”
Oliver v. State (Del. 2015). “See 11 Del. C. § 4302(4), (14) (Supp. 2014) (defining conditional release and probation).”
— 11 Del. C. § 4302(4) — 4 cases
Ramsey v. State (Del. 2019). “Ramsey 2 11 Del. C. § 4302(4). 3 did not have probation associated with his Level V sentence for identity theft and PFBPP.”
Lewis v. State (Del. 2020). “” 11 Del. C. § 4302(4). 2 1411015792. The Superior Court found Lewis in violation, but discharged him for completing his sentence in Criminal ID No.”
X v. Carney (D. Del. 2021). “See 11 Del. C. § 4302(4). Plaintiff alleges that he is a prisoner of Defendant Delaware Department of Correction (“DOC”), and he purports to pursue this action on behalf of all persons similarly situated, including prisoners, correctional officers, first-line correctional…”
Oliver v. State (Del. 2015). “See 11 Del. C. § 4302(4), (14) (Supp. 2014) (defining conditional release and probation).”
— 11 Del. C. § 4302(5) — 1 case
Jackson v. Multi-Purpose Crim. Just. Facility, 700 A.2d 1203 (Del. 1997). “…to the community. by reason of diminution of the period of confinement through merit and good behavior credits." 11 Del.C. § 4302(5).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.