Delaware Code

11 Del. C. § 4348 (2026)

Release upon merit and good behavior credits

✓ current as of May 2026

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A person released on or after August 8, 2012, having served that person’s term or terms in incarceration, less such merit and good behavior credits as have been earned, shall, upon release, be deemed as released on probation until the expiration of the maximum term or terms for which the person is sentenced. A person may waive the right to conditional release, in which case the person shall serve the remainder of the term or terms in prison. Such waiver shall be in writing.

11 Del. C. 1953, § 4348; 54 Del. Laws, c. 349, § 7; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 392, § 7; 79 Del. Laws, c. 187, § 3;

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1998–2023 · leading case: Snyder v. Andrews, 708 A.2d 237 (Del. 1998).

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Snyder v. Andrews, 708 A.2d 237 (Del. 1998). · cites it 8× “11 Del.C. § 4348. Prior to the Act, it was clear that good time credits did not diminish the overall length of a sentence imposed by the court.”

Kibler v. Phelps (Del. 2020). · cites it 2× “1997) (holding that appellant sentenced before TIS to life imprisonment with the possibility of parole was not entitled to conditional release under 11 Del. C. § 4348 (the conditional release statute)), overruled on other grounds by Crosby v.”

Kibler v. May (D. Del. 2023). · cites it 2× “The Delaware Supreme Court affirmed the Superior Court’s denial of his mandamus request, explaining that this “Court has previously rejected the argument that a pre-TIS life sentence is treated as a fixed term of forty-five years for purposes of conditional release under 11 Del.…”

Brittingham v. State (Del. 2020). “On January 23, 2020, Brittingham’s 1 11 Del. C. § 4348 (“A person released on or after August 8, 2012, having served that person’s term or terms in incarceration, less such merit and good behavior credits as have been earned, shall, upon release, be deemed as released on…”

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