(a) Any person subject to the custody of the Department at Level IV or V shall, upon the conviction of any felony during the term of the sentence, forfeit all good time accumulated to the date of the criminal act; this forfeiture is not subject to suspension.
(b) Any person subject to the custody of the Department of Correction at Level IV or V who has been found guilty of a Class-I disciplinary violation may, under the rules and procedures of the Department, forfeit all or part of that person’s accrued good time. Forfeiture under this subsection may be suspended by the Department for the purposes of encouraging rehabilitation or compliance with discipline.
(c) Any person subject to the custody of the Department who is determined to have physically assaulted any correctional officer or employee of the Department shall, in addition to any criminal or civil penalties which may be imposed, forfeit all good time accumulated to date of the assault; this forfeiture is not subject to suspension.
(d) When good time is actually ordered forfeit, it may not be recovered by the incarcerated person.
(e) Any person subject to the custody of the Department at Level IV or Level V, who is found by a court or a federal court to have filed a factually frivolous claim, malicious claim or legally frivolous claim and sanctioned by the court or federal court pursuant to § 8805(a) or (b) of Title 10, shall be deemed to have failed to earn behavior good time credits within the meaning of § 4381(c) of this title and shall have a portion of that person’s good time credits accumulated pursuant to § 4381(c) of this title forfeited to the extent and in accordance with the order issued pursuant to § 8805 of Title 10.
67 Del. Laws, c. 130,
§
5;
70 Del. Laws, c. 186,
§
1;
70 Del. Laws, c. 411,
§
3;
70 Del. Laws, c. 581,
§
1;
77 Del. Laws, c. 406,
§
1;
83 Del. Laws, c. 467,
§
1;
Notes of Decisions
Cited in
10
cases (
3 in the last 5 years), 1998–2023 · leading case:
Snyder v. Andrews, 708 A.2d 237 (Del. 1998).
Snyder v. Andrews, 708 A.2d 237 (Del. 1998).
· cites it 2× “Compare 11 Del.C. § 4382 (1987) (before the Act) with 11 Del.”
Shaw v. Metzger (Del. Super. Ct. 2018).
· cites it 3× “5 11 Del. C. § 4382(b). 6 11 Del. C. § 4382(d).”
State v. Craig (Del. Super. Ct. 2023).
· cites it 3× “20 In the Motion, Defendant again argues that the Department of Corrections improperly applied Title 11 Del.C. § 4382 ("§4382") to his sentence, in effect, revoking good time that Defendant had not yet earned.”
Twyman v. McBride (Del. 2020).
· cites it 2× “Under 11 Del. C. § 4382(a), any person who is convicted of a crime during the term of a Level IV or Level V sentence forfeits “all good time accumulated to the date of the criminal act.”
Craig v. State (Del. 2021).
· cites it 2× “(6) In his opening brief on appeal, Craig argues that (i) his sentence is illegal because 11 Del. C. § 4382 does not provide for the automatic revocation of good time credit but, rather, requires a Superior Court order directing that an inmate’s good time credit be revoked and…”
Ward v. Dep't of Corr. (Del. Super. Ct. 2018).
“Ward argues his sentence should be reduced for good behavior based on the more generous “good time” computation provided under 11 Del. C. § 4382 (1987), rather than a calculation based on the current statute.”
Ramsey v. State (Del. 2019).
“Justice 5 11 Del. C. § 4382(a) (emphasis added). 5”
State v. Craig (Del. Super. Ct. 2019).
“As a consequence of his 2012 plea, Defendant lost all accumulated prison good time pursuant to 11 Del. C. § 4382(a). On July 22, 2019, Defendant filed a pro se Motion for Postconviction Relief and Motion for Appointment of Counsel.”
Frisby-Jones v. Akinbayo (Del. Super. Ct. 2019).
“The State has responded by moving to dismiss the Complaint and referring the Court to 11 Del. C. §4382(a), which provides as follows: Any person subject to the custody of the Department at Level IV or V shall, upon the conviction of any crime during the term of the sentence,…”
Morris v. State (Del. 2023).
“6 In any event, Morris’s four- month sentence for promoting prison contraband, a Class F felony under the circumstances here, is well below the statutory maximum penalty of three years 5 11 Del. C. § 4382(a) (2012) (“Any person subject to the custody of the Department at Level…”
— 11 Del. C. § 4382(a) — 7 cases
State v. Craig (Del. Super. Ct. 2023).
“20 In the Motion, Defendant again argues that the Department of Corrections improperly applied Title 11 Del.C. § 4382 ("§4382") to his sentence, in effect, revoking good time that Defendant had not yet earned.”
Ramsey v. State (Del. 2019).
“Justice 5 11 Del. C. § 4382(a) (emphasis added). 5”
State v. Craig (Del. Super. Ct. 2019).
“As a consequence of his 2012 plea, Defendant lost all accumulated prison good time pursuant to 11 Del. C. § 4382(a). On July 22, 2019, Defendant filed a pro se Motion for Postconviction Relief and Motion for Appointment of Counsel.”
Frisby-Jones v. Akinbayo (Del. Super. Ct. 2019).
“The State has responded by moving to dismiss the Complaint and referring the Court to 11 Del. C. §4382(a), which provides as follows: Any person subject to the custody of the Department at Level IV or V shall, upon the conviction of any crime during the term of the sentence,…”
Twyman v. McBride (Del. 2020).
“Under 11 Del. C. § 4382(a), any person who is convicted of a crime during the term of a Level IV or Level V sentence forfeits “all good time accumulated to the date of the criminal act.”
— 11 Del. C. § 4382(b) — 2 cases
Shaw v. Metzger (Del. Super. Ct. 2018).
“5 11 Del. C. § 4382(b). 6 11 Del. C. § 4382(d).”
Twyman v. McBride (Del. 2020).
“Under 11 Del. C. § 4382(a), any person who is convicted of a crime during the term of a Level IV or Level V sentence forfeits “all good time accumulated to the date of the criminal act.”
— 11 Del. C. § 4382(d) — 1 case
Shaw v. Metzger (Del. Super. Ct. 2018).
“5 11 Del. C. § 4382(b). 6 11 Del. C. § 4382(d).”
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.