(a) A person confined to any correctional facility administered by the Department may be released on parole by the Board if the person has served 1/3 of the term imposed by the court, such term to be reduced by such merit and good behavior credits as have been earned, or 120 days, whichever is greater. For the purpose of this subchapter, “court” shall include any court committing an offender to the Department.
(b) Consistent with law, the Board, upon written recommendation of the court which imposed the sentence, or the Department, may reduce the minimum term of eligibility when the Board is satisfied that the best interest of the public and the welfare of the person will be served by such reduction. Such reduction in the minimum term of eligibility for parole shall be by order of the Board stating the specific date when said person shall become eligible for parole; but such reduction of the minimum term of eligibility for parole shall have no effect on the maximum limits of the sentence. The order of reduction by the Board shall be made in open hearing.
(c) The Board shall have authority to act where the maximum term has been commuted by the Governor. For all purposes of this section, a person sentenced to imprisonment for life shall be considered as having been sentenced to a fixed term of 45 years.
(d) Consistent with law, the Board may adopt such other rules as it deems proper or necessary with respect to the eligibility of persons for parole, the conduct of parole hearings or conditions to be imposed upon parolees.
(e) If good cause for release on the grounds of serious medical illness or infirmity would exist under § 4217 of this title, the Department shall recommend, or the person seeking release may request, that the person’s case be considered by the Board of Parole at a regular or special meeting. When the case is so considered, the Board of Parole, if satisfied that good cause exists and that the release of the person does not constitute a substantial risk under § 4217(b)(1)c. of this title, may order the release of the person on parole without regard to the time already served by the person. The Board of Parole may impose any conditions of parole on the person and may revoke the person’s parole without hearing at any time and for any cause and order the return of the person to the Department.
11 Del. C. 1953,
§
4346;
54 Del. Laws, c. 349,
§
7;
85 Del. Laws, c. 76,
§
4;
Notes of Decisions
Cited in
15
cases (
1 in the last 5 years), 1972–2023 · leading case:
Snyder v. Andrews, 708 A.2d 237 (Del. 1998).
Snyder v. Andrews, 708 A.2d 237 (Del. 1998).
· cites it 2× “First, an inmate, in most cases, would have become eligible to apply for parole under 11 Del.C. § 4346 after serving one-third of the sentence imposed by the court, after the sentence was reduced by any good time award.”
State v. Spence, 367 A.2d 983 (Del. 1976).
“In an attempt to resolve this dilemma, the defendants propose that this Court arbitrarily adopt for the applicability of good behavior credits under § 4209(a) the provision of the Parole Statute, 11 Del.C. § 4346(c), that for purposes of parole “a person sentenced to…”
Stirparo v. State, 297 A.2d 406 (Del. Super. Ct. 1972).
· cites it 6× “Stirparo and McGhee, both inmates, challenging the State’s method of computing eligibility for parole as prescribed by 11 Del.C. §§ 4346 and 4372. The Court has considered the application as a mandamus petition.”
Anderson v. Redman, 429 F. Supp. 1105 (D. Del. 1977).
“11 Del.C. § 4346(b). Nonetheless, it is only stated as a suggestion.”
Bruton v. Minor, 568 F. Supp. 2d 480 (D. Del. 2008).
“” 11 Del. C. Ann. § 4346(b). Clearly, the Board has broad discretion in granting or denying parole.”
Fatir v. Thomas, 106 F. Supp. 2d 572 (D. Del. 2000).
“Fatir contends that the answer is found in 11 Del.C. § 4346, entitled “Eligibility for Parole.”
Jordon v. Keve, 387 F. Supp. 765 (D. Del. 1974).
“Code §§ 4371-4372 nor eligibility for parole, outlined in 11 Del.Code § 4346(a), (b), (d), and § 4347 is specifically dependent upon the initial classification of a prisoner.”
Ross v. Snyder, 239 F. Supp. 2d 397 (D. Del. 2002).
“” 11 Del. C. Ann. § 4346(b). Clearly, the Board has broad discretion in granting or denying parole.”
Stirparo v. State, 310 A.2d 632 (Del. 1973).
“The matter was initiated by a letter to Superior Court challenging the State’s method of computing eligibility for parole as prescribed by 11 Del.C. §§ 4346, 4372. The Superior Court considered the inmates’ letter as a petition for a writ of mandamus and ultimately denied relief.”
Walls v. State (Del. 2017).
“Walls subsequently requested medical parole release under 11 Del. C. § 4346 or 11 Del. C. § 4217 for treatment of his post-traumatic stress disorder (“PTSD”) at a Veterans Administration Hospital.”
— 11 Del. C. § 4346(0) — 1 case
— 11 Del. C. § 4346(a) — 2 cases
Stirparo v. State, 297 A.2d 406 (Del. Super. Ct. 1972).
“Stirparo and McGhee, both inmates, challenging the State’s method of computing eligibility for parole as prescribed by 11 Del.C. §§ 4346 and 4372. The Court has considered the application as a mandamus petition.”
Jordon v. Keve, 387 F. Supp. 765 (D. Del. 1974).
“Code §§ 4371-4372 nor eligibility for parole, outlined in 11 Del.Code § 4346(a), (b), (d), and § 4347 is specifically dependent upon the initial classification of a prisoner.”
— 11 Del. C. § 4346(b) — 4 cases
Anderson v. Redman, 429 F. Supp. 1105 (D. Del. 1977).
“11 Del.C. § 4346(b). Nonetheless, it is only stated as a suggestion.”
Bruton v. Minor, 568 F. Supp. 2d 480 (D. Del. 2008).
“” 11 Del. C. Ann. § 4346(b). Clearly, the Board has broad discretion in granting or denying parole.”
Ross v. Snyder, 239 F. Supp. 2d 397 (D. Del. 2002).
“” 11 Del. C. Ann. § 4346(b). Clearly, the Board has broad discretion in granting or denying parole.”
— 11 Del. C. § 4346(c) — 2 cases
State v. Spence, 367 A.2d 983 (Del. 1976).
“In an attempt to resolve this dilemma, the defendants propose that this Court arbitrarily adopt for the applicability of good behavior credits under § 4209(a) the provision of the Parole Statute, 11 Del.C. § 4346(c), that for purposes of parole “a person sentenced to…”
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