Delaware Code

16 Del. C. § 4768 (2026)

Medical or psychiatric examination or treatment

✓ current as of May 2026
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After a conviction and before sentencing for violation of § 4761(a), § 4763, or § 4764 of this title, or before conviction if the defendant consents, the court may order the defendant to submit to a medical or psychiatric examination or treatment. The court may order such examination by the Department of Health and Social Services or by a private physician, hospital, or clinic and the court may make such order regarding the term and conditions of such examination or treatment and the payment therefor by the defendant as a court in its discretion shall determine. The Department of Health and Social Services or the private physician, hospital, or clinic shall report to the court within such time as the court shall order, not more than 90 days from the date of such order. After such report and upon conviction of such violation, the court shall impose sentence or suspend sentence and may impose probation or a requirement of future medical or psychiatric examination or treatment including hospitalization or outpatient care upon such terms and conditions and for such period of time as the court shall order.

16 Del. C. 1953, §  4765;  58 Del. Laws, c. 424, §  178 Del. Laws, c. 13, §   4482 Del. Laws, c. 217, § 1283 Del. Laws, c. 37, § 20
Notes of Decisions
Cited in 1 case, 2014–2014 · leading case: State of Delaware v. Trawick. (Del. Super. Ct. 2014).
State of Delaware v. Trawick. (Del. Super. Ct. 2014). · cites it 2× “9 “[A] court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance.”10 Possession of a Firearm by a Person Prohibited, or “PFBPP,” for clarity, this Court will continue to use the acronym “PDWBPP.”
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