(a) The period of probation or suspension of sentence shall be fixed by the court subject to the provisions of this section. Any probation or suspension of sentence may be terminated by the court at any time and upon such termination or upon termination by expiration of the term, an order to this effect shall be entered by the court.
(b) The length of any period of probation or suspension of sentence is limited to the following:
(1) Two years, for any violent felony in this title as designated in § 4201(c) of this title.
(2) Eighteen months, for any offense set forth in Title 16.
(3) One year, for any offense not otherwise specified in paragraph (b)(1) or (2) of this section.
(c) An individual who is serving more than 1 sentence imposed following convictions in more than 1 case must not serve a consecutive period of probation or suspension of sentence that is in excess of the limitations imposed by subsection (b) of this section. Any sentence of probation or suspension of sentence, or any portion thereof, which, if served consecutively to another such sentence, would result in an aggregate sentence of probation or suspension of sentence in excess of the limitations imposed by subsection (b) of this section, is deemed to be concurrent to the other sentence. This subsection does not apply to a sentence imposed for a conviction involving an offense committed while the individual was serving a period of probation or suspension of sentence.
(d) The limitations set forth in subsections (b) and (c) of this section do not apply to any of the following:
(1) A sentence imposed for a conviction of any sexual offense, as defined in § 761 of this title, if the sentencing court determines on the record that a longer period of probation or suspension of sentence will substantially reduce the likelihood that the individual will commit a sexual offense or other violent offense in the future.
(2) A sentence imposed for any violent felony in this title as designated by § 4201(c) of this title, if the sentencing court determines on the record that public safety will be enhanced by a longer period of probation or suspension of sentence.
(3) A sentence imposed for any offense set forth in the Delaware Code, if the sentencing court determines on the record that a longer period of probation or suspension of sentence is necessary to ensure the collection of any restitution ordered.
a. Any period of probation ordered under this paragraph (d)(3) that is in excess of the limitations under subsections (b) and (c) of this section must be served at Accountability Level I — Restitution Only under the terms of § 4204(c)(10) of this title.
b. An individual sentenced to Accountability Level I - Restitution Only may not have the individual’s probation level increased based on the individual’s reasonable inability to pay the restitution ordered.
(e) The limitations set forth in subsections (b) and (c) of this section may be exceeded by up to 90 days by the sentencing court if the sentencing court determines that the individual has not yet completed a substance abuse treatment program ordered by the court, provided, that each extension of sentence ordered under this subsection must be preceded by a hearing, and by a finding on the record of all of the following:
(1) The extension of sentence is necessary to facilitate the completion of the substance abuse treatment program.
(2) The probation and parole officer made reasonable efforts to refer the individual to the appropriate program.
(3) Less-restrictive measures do not facilitate completion of the program.
(f) Except as provided by subsection (g) of this section, in no event shall the total period of probation or suspension of sentence exceed the maximum term of commitment provided by law for the offense or 1 year, whichever is greater; provided, that in all cases where no commitment is provided by law the period of probation or suspension of sentence shall not be more than 1 year.
(g) (1) Any period of custodial supervision imposed pursuant to § 4204(l) of this title shall not be subject to the limitations set forth by this section.
(2) As used in this section, the phrase “period of probation or suspension of sentence” shall not include any period of a sentence that is designated by the sentencing court to be served at Supervision Accountability Level IV as defined in § 4204(c)(4) of this title.
(h) Notwithstanding any provision of this Code or court rule to the contrary, any superior court judge who is presiding over any proceeding at which an offender is sentenced or found to have violated any condition or term of an imposed period of probation or suspension of sentence shall be deemed to have jurisdiction over any sentence to a period of probation or suspension of sentence currently being served by the offender regardless of the court or county in which such sentence was originally imposed, and may modify, revoke or terminate any such period of probation or suspension of sentence.
(i) The Department shall have the authority without leave of the court to reclassify any offender sentenced to probation at Accountability Levels I, II or III, provided that the Department shall first evaluate the offender using an objective classification tool designed to assist in the determination of the appropriate level of probation. Offenders shall be reevaluated and reclassified periodically as the Department deems necessary and appropriate.
(j) Notwithstanding any other provision to the contrary, the provisions of subsections (b), (c), (d) and (e) of this section shall be applicable to sentences imposed prior to June 1, 2003, only upon an order of the Court entered for good cause shown after its consideration of an application for sentence modification filed by the Department of Correction.
11 Del. C. 1953,
§
4334;
54 Del. Laws, c. 349,
§
7;
74 Del. Laws, c. 27,
§
4;
74 Del. Laws, c. 88,
§§
1-4;
74 Del. Laws, c. 345,
§
1;
78 Del. Laws, c. 392,
§
5;
85 Del. Laws, c. 67,
§
5;
Notes of Decisions
Cited in
29
cases (
18 in the last 5 years), 1989–2026 · leading case:
Iverson v. State, 977 A.2d 898 (Del. 2009).
Iverson v. State, 977 A.2d 898 (Del. 2009).
“The sentencing order notes that the probation imposed "exceeds SB 50 sentencing guidelines pursuant to 11 Del. C. § 4333(d)(1)." [2] (3) Between November 16, 2005 and August 3, 2006, Iverson filed a total of three motions for modification of sentence pursuant to Superior Court…”
United States v. Duncan, 724 F. Supp. 286 (D. Del. 1989).
“At a preliminary hearing on October 19, 1989, and a revocation hearing on October 23, 1989, counsel for Appellant argued that the alleged violation of probation conditions occurred after termination of the twelve (12) months maximum period of probation provided for under an…”
McDougal v. State, No. 404, 2017 (Del. Jan. 2, 2018).
· cites it 5× “7 McDougal claimed, for the third time, that his VOP sentence was illegal because it exceeded the two-year “suspension of sentence” limitation in 11 Del. C. § 4333(b)(1).8 McDougal raised the same claim in prior motions for correction of sentence that he filed in July and August…”
State v. Lovato, No. 9704018986 (Del. Super. Ct. June 13, 2023).
· cites it 4× “In 2003, 11 Del. C. § 4333 was enacted into law. Section 4333(b) provides that “The length of any period of probation or suspension of sentence shall be limited to: (1) Two years, for any violent felony in this title as designated in § 4201(c) of this title.”
Lewis v. State, 304 A.3d 566 (Del. 2023).
· cites it 4× “14, 2015) (holding that the appellant’s claim that his probationary term “could not exceed the two year limit set forth in 11 Del. C. § 4333 because the Superior Court did not determine on the record that a lengthier period of probation would reduce the likelihood that he would…”
Giles v. State, 284 A.3d 76 (Del. 2022).
· cites it 3× “But, because the Level III portion of Giles’s sentence exceeds one year in violation of 11 Del. C. § 4333(b)(3), we vacate the sentencing order and remand for resentencing.”
Squier v. State, No. 192, 2022 (Del. Oct. 14, 2022).
· cites it 3× “5 11 Del. C. § 4333(b))(3) (providing that the period of probation for a crime that is not designated a violent felony under § 4201(c) or set forth in Title 16 shall not be more than one year).”
Courtney v. State, No. 258, 2015 (Del. Dec. 14, 2015).
· cites it 4× “Courtney claimed that the length of his probation could not exceed the two year limit set forth in 11 Del. C. § 4333 because the Superior Court did not determine on the record that a lengthier period of probation would reduce the likelihood that he would commit a sex offense in…”
Collins v. State, No. 153, 2016 (Del. Sept. 23, 2016).
· cites it 2× “9 To the extent the Superior Court imposed two years of Level III probation for Trafficking in Heroin, the court imposed an illegal sentence. (7) We will reverse the Superior Court’s denial of C_ollins’ motion for correction of sentence and will remand this matter for…”
Smith v. State, No. 24, 2017 (Del. Apr. 18, 2017).
· cites it 2× “3 11 Del. C. § 4333(b)(1) (providing that length of probation for any violent felony, which is defined by Section 4201(c) to include Burglary in the Second Degree, shall be limited to two years); 11 Del.”
Revel v. State, 260 A.3d 637 (Del. 2021).
· cites it 2× “1904008958 and 1906000518 exceed the time permitted by 11 Del. C. § 4333. Revel shall be represented by counsel when he is resentenced.”
Massengill v. State, No. 222, 2025 (Del. Jan. 30, 2026).
· cites it 2× “C. 4201(c) (effective Sept. 3, 2015, to July 30, 2023) (designating certain felonies as violent felonies, and not including third-degree burglary under 11 Del.”
11 Del. C. § 4333(a): 2 cases
11 Del. C. § 4333(b): 4 cases
Revel v. State, 260 A.3d 637 (Del. 2021).
“1904008958 and 1906000518 exceed the time permitted by 11 Del. C. § 4333. Revel shall be represented by counsel when he is resentenced.”
Squier v. State, No. 192, 2022 (Del. Oct. 14, 2022).
“5 11 Del. C. § 4333(b))(3) (providing that the period of probation for a crime that is not designated a violent felony under § 4201(c) or set forth in Title 16 shall not be more than one year).”
Massengill v. State, No. 222, 2025 (Del. Jan. 30, 2026).
“C. 4201(c) (effective Sept. 3, 2015, to July 30, 2023) (designating certain felonies as violent felonies, and not including third-degree burglary under 11 Del.”
11 Del. C. § 4333(b)(1): 5 cases
McDougal v. State, No. 404, 2017 (Del. Jan. 2, 2018).
“7 McDougal claimed, for the third time, that his VOP sentence was illegal because it exceeded the two-year “suspension of sentence” limitation in 11 Del. C. § 4333(b)(1).8 McDougal raised the same claim in prior motions for correction of sentence that he filed in July and August…”
Smith v. State, No. 24, 2017 (Del. Apr. 18, 2017).
“3 11 Del. C. § 4333(b)(1) (providing that length of probation for any violent felony, which is defined by Section 4201(c) to include Burglary in the Second Degree, shall be limited to two years); 11 Del.”
Lewis v. State, 304 A.3d 566 (Del. 2023).
“14, 2015) (holding that the appellant’s claim that his probationary term “could not exceed the two year limit set forth in 11 Del. C. § 4333 because the Superior Court did not determine on the record that a lengthier period of probation would reduce the likelihood that he would…”
Courtney v. State, No. 258, 2015 (Del. Dec. 14, 2015).
“Courtney claimed that the length of his probation could not exceed the two year limit set forth in 11 Del. C. § 4333 because the Superior Court did not determine on the record that a lengthier period of probation would reduce the likelihood that he would commit a sex offense in…”
11 Del. C. § 4333(b)(2): 1 case
Collins v. State, No. 153, 2016 (Del. Sept. 23, 2016).
“9 To the extent the Superior Court imposed two years of Level III probation for Trafficking in Heroin, the court imposed an illegal sentence. (7) We will reverse the Superior Court’s denial of C_ollins’ motion for correction of sentence and will remand this matter for…”
11 Del. C. § 4333(b)(3): 4 cases
Giles v. State, 284 A.3d 76 (Del. 2022).
“But, because the Level III portion of Giles’s sentence exceeds one year in violation of 11 Del. C. § 4333(b)(3), we vacate the sentencing order and remand for resentencing.”
Squier v. State, No. 192, 2022 (Del. Oct. 14, 2022).
“5 11 Del. C. § 4333(b))(3) (providing that the period of probation for a crime that is not designated a violent felony under § 4201(c) or set forth in Title 16 shall not be more than one year).”
11 Del. C. § 4333(d)(1): 4 cases
Iverson v. State, 977 A.2d 898 (Del. 2009).
“The sentencing order notes that the probation imposed "exceeds SB 50 sentencing guidelines pursuant to 11 Del. C. § 4333(d)(1)." [2] (3) Between November 16, 2005 and August 3, 2006, Iverson filed a total of three motions for modification of sentence pursuant to Superior Court…”
Lewis v. State, 304 A.3d 566 (Del. 2023).
“14, 2015) (holding that the appellant’s claim that his probationary term “could not exceed the two year limit set forth in 11 Del. C. § 4333 because the Superior Court did not determine on the record that a lengthier period of probation would reduce the likelihood that he would…”
State v. Lovato, No. 9704018986 (Del. Super. Ct. June 13, 2023).
“In 2003, 11 Del. C. § 4333 was enacted into law. Section 4333(b) provides that “The length of any period of probation or suspension of sentence shall be limited to: (1) Two years, for any violent felony in this title as designated in § 4201(c) of this title.”
11 Del. C. § 4333(d)(2): 4 cases
McDougal v. State, No. 404, 2017 (Del. Jan. 2, 2018).
“7 McDougal claimed, for the third time, that his VOP sentence was illegal because it exceeded the two-year “suspension of sentence” limitation in 11 Del. C. § 4333(b)(1).8 McDougal raised the same claim in prior motions for correction of sentence that he filed in July and August…”
Courtney v. State, No. 258, 2015 (Del. Dec. 14, 2015).
“Courtney claimed that the length of his probation could not exceed the two year limit set forth in 11 Del. C. § 4333 because the Superior Court did not determine on the record that a lengthier period of probation would reduce the likelihood that he would commit a sex offense in…”
11 Del. C. § 4333(d)(3): 1 case
Massengill v. State, No. 222, 2025 (Del. Jan. 30, 2026).
“C. 4201(c) (effective Sept. 3, 2015, to July 30, 2023) (designating certain felonies as violent felonies, and not including third-degree burglary under 11 Del.”
11 Del. C. § 4333(f): 1 case
11 Del. C. § 4333(g)(2): 2 cases
Smith v. State, No. 24, 2017 (Del. Apr. 18, 2017).
“3 11 Del. C. § 4333(b)(1) (providing that length of probation for any violent felony, which is defined by Section 4201(c) to include Burglary in the Second Degree, shall be limited to two years); 11 Del.”
Squier v. State, No. 192, 2022 (Del. Oct. 14, 2022).
“5 11 Del. C. § 4333(b))(3) (providing that the period of probation for a crime that is not designated a violent felony under § 4201(c) or set forth in Title 16 shall not be more than one year).”
11 Del. C. § 4333(j): 1 case
State v. Lovato, No. 9704018986 (Del. Super. Ct. June 13, 2023).
“In 2003, 11 Del. C. § 4333 was enacted into law. Section 4333(b) provides that “The length of any period of probation or suspension of sentence shall be limited to: (1) Two years, for any violent felony in this title as designated in § 4201(c) of this title.”
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