Del. Code 11, § 3901 : Crimes And Criminal Procedure — Sentence, Judgment, Execution And Mandatory Testing — Sentence, Judgment And Execution — Fixing term of imprisonment; credits

Current through 2016 Legislative Session, Act 399

(a) When imprisonment is a part of the sentence, the term shall be fixed, and the time of its commencement and ending specified. An act to be done at the expiration of a term of imprisonment shall be done on the last day thereof, unless it be Sunday, and in that case, the day previous. Months shall be reckoned as calendar months.

(b) All sentences for criminal offenses of persons who at the time sentence is imposed are held in custody in default of bail, or otherwise, shall begin to run and be computed from the date of incarceration for the offense for which said sentence shall be imposed, unless the person sentenced shall then be undergoing imprisonment under a sentence imposed for any other offense or offenses, in which case the said sentence shall begin to run and be computed, either from the date of imposition thereof or from the expiration of such other sentence or sentences, as the court shall, in its discretion, direct.

(c) Any period of actual incarceration of a person awaiting trial, who thereafter before trial or sentence succeeds in securing provisional liberty on bail, shall be credited to the person in determining the termination date of sentence. Where a prisoner is hospitalized, the time spent in an institution under involuntary restraint is to be credited to the person when calculating the sentence under this subsection.

(d) The court shall direct whether the sentence of confinement of any criminal defendant by any court of this State shall be made to run concurrently or consecutively with any other sentence of confinement imposed on such criminal defendant. Notwithstanding the foregoing, no sentence of confinement of any criminal defendant by any court of this State shall be made to run concurrently with any other sentence of confinement imposed on such criminal defendant for any conviction of the following crimes:

Title 11, Section Crime

803 Arson in the first degree

826 Burglary in the first degree

825 Burglary in the second degree

826A Home Invasion

636 Murder in the first degree

635 Murder in the second degree

632 Manslaughter

783 Kidnapping in the second degree

783A Kidnapping in the first degree

606 Abuse of a pregnant female in the first degree

613 Assault in the first degree

832 Robbery in the first degree

836 Carjacking in the first degree

772 Rape in the second degree

773 Rape in the first degree

777A Sex offender unlawful sexual conduct against a child

778(1), (2) or (3) Sexual Abuse of a Child by a Person in a Position of Trust, Authority or Supervision in the First Degree

1254 Assault in a detention facility

1447A Possession of a firearm during the commission of a felony

or for any sentence for Possession of a Firearm by a Person Prohibited where the criminal defendant was previously convicted of a Title 11 violent felony.

(e) For purposes of this section, "Title 11 violent felony" means any Title 11 offense identified in § 4201(c) of this title, or any offense set forth under the laws of the United States, any other state or any territory of the United States which is the same as or equivalent to any of the offenses designated as a Title 11 offense identified in § 4201(c) of this title.

Del. C. § 3901

Amended by Laws 2013, ch. 297,s 1, eff. 7/9/2014.

Code 1852, §§ 2931, 2932; Code 1915, § 4813; Code 1935, § 5301; 11 Del. C. 1953, § 3902; 49 Del. Laws, c. 244; 60 Del. Laws, c. 308, §§ 1, 2; 61 Del. Laws, c. 158, § 1; 70 Del. Laws, c. 186, § 1.;