(a) Subject to the limitations set forth in subsection (b) of this section, all sentences, other than a life sentence, imposed for any offense pursuant to any provision of this title, Title 16 and/or Title 21 may be reduced by good time credit under the provisions of this subchapter and rules and regulations adopted by the Commissioner of Corrections. This provision will apply regardless of any previously imposed statutory limitations set forth in this title, Title 16 or Title 21.
(b) The awarding of good time credit set forth in subsection (a) of this section above will not apply to sentences imposed pursuant to § 4214 or § 4204(k) of this title or sentences imposed prior to the enactment of this statute.
(c) “Good time” may be earned for good behavior while in the custody of the Department of Correction when the person has not been guilty of any violation of discipline, rules of the Department or any criminal activity and has labored with diligence toward rehabilitation according to the following conditions:
(1) During the first year of any sentence, good time may be awarded at the rate of 2 days per month beginning on the first day of confinement.
(2) After completing 365 days of any sentence, good time may be awarded at the rate of 3 days per month.
(3) No person shall be awarded more than 36 days of good time under this subsection for good behavior in any 1 year consisting of 365 calendar days actually served.
(d) “Good time” may be earned by participation in education, rehabilitation, work, or other programs as designated by the Commissioner. Good time may be awarded for satisfactory participation in approved programs at a rate of up to 10 days per calendar month. For offenders sentenced on or after August 8, 2012, up to 60 days of additional good time may be awarded for successful completion of an approved program designed to reduce recidivism.
(e) No more than a total of 180 days of “good time” may be earned in any 1 year consisting of 365 days actually served. Good time credits shall be applied such that the resulting release date is not prior to the effective completion date of the offender’s approved program. For offenders serving multiple sentences, good time shall be credited to the consolidated time being served, rather than individually to each sentence.
(f) Each person serving a sentence in the custody of the Department shall be provided a copy of all rules, policies, and procedures relating to the accrual and forfeiture of good time, notwithstanding § 4322 of this title, at the person’s initial classification and upon transfer to a different facility. The rules, policies, and procedures shall also be made available upon request of a person in custody.
(g) The Department shall provide each person in its custody with a quarterly accounting of that inmate’s good time, including the good time accrued each month, total good time accrued, and any good time forfeited, together with the reason therefor. If the inmate believes the accounting is incorrect, the Department shall provide the inmate with an in-person meeting with a correctional counselor or designee to discuss and resolve any alleged discrepancy.
67 Del. Laws, c. 130,
§
5;
74 Del. Laws, c. 346,
§
2;
76 Del. Laws, c. 351,
§§
1-3;
77 Del. Laws, c. 406,
§
1;
78 Del. Laws, c. 392,
§§
9, 10;
79 Del. Laws, c. 187,
§
1;
83 Del. Laws, c. 82,
§
2;
83 Del. Laws, c. 467,
§
1;
Notes of Decisions
Cited in
17
cases (
3 in the last 5 years), 1998–2025 · leading case:
Snyder v. Andrews, 708 A.2d 237 (Del. 1998).
Snyder v. Andrews, 708 A.2d 237 (Del. 1998).
· cites it 10× “We also find the Superior Court result to be unreasonable if 11 Del.C. § 4381 is read, as it must be, in pari materia with other related sections of Title 11, including those enacted before and after the Act.”
Jones v. Dep't of Corr. Cent. Offender Records (Del. Super. Ct. 2018).
· cites it 15× “§ 4381(a), “sentences may be reduced by good time credit under the 1 In the State’s Motion, the State acknowledges that the Department of Correction Central Offender Records is a subdivision in the Department and an arm of the State of Delaware.”
Grayson, II v. Martin (Del. Super. Ct. 2022).
· cites it 8× “Grayson is entitled to an additional 120 days because DOC failed to follow 11 Del. C. § 4381 or DOC’s rules and regulations.”
Price v. Coupe (Del. Super. Ct. 2017).
· cites it 2× “11 Del. C. § 4381(d) allows for an award of up to five days of credit time per month for time worked.”
Shaw v. Metzger (Del. Super. Ct. 2018).
· cites it 2× “”4 However, “Any person subject to the custody of [DOC] … who is determined to have violated the rules of [DOC] shall under the rules and procedures of the Department forfeit all or part of the good time accrued to the date of such offense.”
Burris v. Superior Court (Del. Super. Ct. 2020).
· cites it 2× “3 Upon such a finding, 1 See 11 Del. C. § 4381(c) (providing that “good time may be earned for good behavior” while in custody if certain requirements are met.”
Morgan v. State (Del. 2015).
· cites it 3× “(6) The good time statute, 11 Del. C. § 4381, specifies which sentences are subject to an award of good time and sets limits on the amount of good time that may be awarded.”
State v. Winn (Del. Super. Ct. 2017).
“…10 See Def.’s Mot. for Correction of Sentence; Def.’s Reply in Support of His Mot. for Correction of Sentence. ll11Del.C.§4381(b).”
Winn v. State (Del. 2018).
“The Superior Court found that the TIS reference in Winn’s sentence was not an error and that, as an habitual offender under § 4214(a), he was not entitled to good time credit under 11 Del. C. § 4381(b) for his Burglary in the First Degree conviction.”
Ramsey v. State (Del. 2019).
“3 Ramsey correctly observes that 11 Del. C. § 4381 provides good time may be earned for an inmate’s good behavior (“statutory good time”) and for an inmate’s participation in certain programs (“meritorious good time”).”
— 11 Del. C. § 4381(a) — 6 cases
Grayson, II v. Martin (Del. Super. Ct. 2022).
“Grayson is entitled to an additional 120 days because DOC failed to follow 11 Del. C. § 4381 or DOC’s rules and regulations.”
Jones v. Dep't of Corr. Cent. Offender Records (Del. Super. Ct. 2018).
“§ 4381(a), “sentences may be reduced by good time credit under the 1 In the State’s Motion, the State acknowledges that the Department of Correction Central Offender Records is a subdivision in the Department and an arm of the State of Delaware.”
Morgan v. State (Del. 2015).
“(6) The good time statute, 11 Del. C. § 4381, specifies which sentences are subject to an award of good time and sets limits on the amount of good time that may be awarded.”
— 11 Del. C. § 4381(b) — 3 cases
Snyder v. Andrews, 708 A.2d 237 (Del. 1998).
“We also find the Superior Court result to be unreasonable if 11 Del.C. § 4381 is read, as it must be, in pari materia with other related sections of Title 11, including those enacted before and after the Act.”
State v. Winn (Del. Super. Ct. 2017).
“…10 See Def.’s Mot. for Correction of Sentence; Def.’s Reply in Support of His Mot. for Correction of Sentence. ll11Del.C.§4381(b).”
Winn v. State (Del. 2018).
“The Superior Court found that the TIS reference in Winn’s sentence was not an error and that, as an habitual offender under § 4214(a), he was not entitled to good time credit under 11 Del. C. § 4381(b) for his Burglary in the First Degree conviction.”
— 11 Del. C. § 4381(c) — 7 cases
Snyder v. Andrews, 708 A.2d 237 (Del. 1998).
“We also find the Superior Court result to be unreasonable if 11 Del.C. § 4381 is read, as it must be, in pari materia with other related sections of Title 11, including those enacted before and after the Act.”
Jones v. Dep't of Corr. Cent. Offender Records (Del. Super. Ct. 2018).
“§ 4381(a), “sentences may be reduced by good time credit under the 1 In the State’s Motion, the State acknowledges that the Department of Correction Central Offender Records is a subdivision in the Department and an arm of the State of Delaware.”
Shaw v. Metzger (Del. Super. Ct. 2018).
“”4 However, “Any person subject to the custody of [DOC] … who is determined to have violated the rules of [DOC] shall under the rules and procedures of the Department forfeit all or part of the good time accrued to the date of such offense.”
Burris v. Superior Court (Del. Super. Ct. 2020).
“3 Upon such a finding, 1 See 11 Del. C. § 4381(c) (providing that “good time may be earned for good behavior” while in custody if certain requirements are met.”
— 11 Del. C. § 4381(c)(1) — 4 cases
Jones v. Dep't of Corr. Cent. Offender Records (Del. Super. Ct. 2018).
“§ 4381(a), “sentences may be reduced by good time credit under the 1 In the State’s Motion, the State acknowledges that the Department of Correction Central Offender Records is a subdivision in the Department and an arm of the State of Delaware.”
Burris v. Superior Court (Del. Super. Ct. 2020).
“3 Upon such a finding, 1 See 11 Del. C. § 4381(c) (providing that “good time may be earned for good behavior” while in custody if certain requirements are met.”
Grayson, II v. Martin (Del. Super. Ct. 2022).
“Grayson is entitled to an additional 120 days because DOC failed to follow 11 Del. C. § 4381 or DOC’s rules and regulations.”
— 11 Del. C. § 4381(c)(3) — 3 cases
Jones v. Dep't of Corr. Cent. Offender Records (Del. Super. Ct. 2018).
“§ 4381(a), “sentences may be reduced by good time credit under the 1 In the State’s Motion, the State acknowledges that the Department of Correction Central Offender Records is a subdivision in the Department and an arm of the State of Delaware.”
Grayson, II v. Martin (Del. Super. Ct. 2022).
“Grayson is entitled to an additional 120 days because DOC failed to follow 11 Del. C. § 4381 or DOC’s rules and regulations.”
— 11 Del. C. § 4381(d) — 5 cases
Jones v. Dep't of Corr. Cent. Offender Records (Del. Super. Ct. 2018).
“§ 4381(a), “sentences may be reduced by good time credit under the 1 In the State’s Motion, the State acknowledges that the Department of Correction Central Offender Records is a subdivision in the Department and an arm of the State of Delaware.”
Price v. Coupe (Del. Super. Ct. 2017).
“11 Del. C. § 4381(d) allows for an award of up to five days of credit time per month for time worked.”
Grayson, II v. Martin (Del. Super. Ct. 2022).
“Grayson is entitled to an additional 120 days because DOC failed to follow 11 Del. C. § 4381 or DOC’s rules and regulations.”
— 11 Del. C. § 4381(e) — 4 cases
Snyder v. Andrews, 708 A.2d 237 (Del. 1998).
“We also find the Superior Court result to be unreasonable if 11 Del.C. § 4381 is read, as it must be, in pari materia with other related sections of Title 11, including those enacted before and after the Act.”
Jones v. Dep't of Corr. Cent. Offender Records (Del. Super. Ct. 2018).
“§ 4381(a), “sentences may be reduced by good time credit under the 1 In the State’s Motion, the State acknowledges that the Department of Correction Central Offender Records is a subdivision in the Department and an arm of the State of Delaware.”
Grayson, II v. Martin (Del. Super. Ct. 2022).
“Grayson is entitled to an additional 120 days because DOC failed to follow 11 Del. C. § 4381 or DOC’s rules and regulations.”
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