Chapter 39

§ 3901 Fixing term of imprisonment; credits. (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 606 Abuse of a pregnant female in the first degree 613 Assault in the first degree 635 Murder in the second degree 636 Murder 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 783A Kidnapping in the first degree 1254 Assault in a detention facility 1447A Possession of a firearm or projectile weapon during the commission of a felony if the firearm or projectile weapon was used, displayed, or discharged during the commission of a Title 11 or Title 31 violent felony as set forth in § 4201(c) of this title. Notwithstanding the foregoing, where there are multiple victims, any sentence for each victim shall be consecutive to one another for the following crimes: Title 11, Section Crime 632 Manslaughter (e) [Repealed.] 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 ; 79 Del. Laws, c. 297, §  1 ; 82 Del. Laws, c. 66, § 1 ; 84 Del. Laws, c. 525, § 25 ; § 3902 Solitary confinement [Repealed]. Code 1852, §§  2927, 2929; 21 Del. Laws, c. 247, §  4 ; 27 Del. Laws, c. 271 ; Code 1915, §§  4810, 4811; Code 1935, §  5299; 11 Del. C. 1953, §  3203; repealed by 83 Del. Laws, c. 233, § 1, effective Sept. 30, 2021. ; § 3903 Delivery of copy of sentence to warden. The Prothonotary shall deliver to the warden of the workhouse or jail in which the convicted person is to be confined a duly certified copy of the sentence in every criminal case. Code 1852, §  2930; Code 1915, §  4812; 40 Del. Laws, c. 226, §  5 ; Code 1935, §  5300; 11 Del. C. 1953, §  3904; § 3905 Instructions on separate issues of guilt and insanity; instructions on verdicts. At the conclusion of a trial under this title, where warranted by the evidence, the charge to the jury shall contain instructions that shall consider separately the issues of guilt and the presence or absence of insanity, and shall also contain instructions as to the verdicts of “guilty;” “guilty, but mentally ill;” “not guilty by reason of insanity;” and “not guilty” with regard to the offense or offenses charged and, as required by law, any lesser included offenses. 63 Del. Laws, c. 328, §  3 ; § 3906 Domestic violence offenses. The sentence for a second conviction for any crime or attempt to commit any crime hereinafter specifically named when such crime is committed by a member of the victim’s family as defined by § 901(12) of Title 10, regardless of the state of residence of the parties; by a former spouse of the victim; by a person who cohabited with the victim at the time of the offense; or by a person with a child in common with the victim shall include completion of a psychocial assessment. Such crimes shall be: (1) Any offense set forth in subchapter II of Chapter 5 of this title; (2) Any offense set forth in subparts A and B of subchapter III of Chapter 5 of this title; (3) Any offense set forth in subpart A of subchapter V of Chapter 5 of this title; (4) Any offense set forth in § 1301, § 1311, § 1312 or § 1312A [transferred to § 1312] of this title, administered by any agency or batterer’s intervention treatment provider certified by the Domestic Violence Coordinating Council, and adherence to all recommendations made in the completed assessment. The court shall impose any other appropriate legal sanction, including fines or incarceration, along with the required completion of the assessment. Nothing in this section shall be construed to preclude a court from mandating this treatment in any first offense situation. 72 Del. Laws, c. 62, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 3910 Definitions. For purposes of this subchapter, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: “Human immunodeficiency virus test” means a test or tests of an individual for presence of human immunodeficiency virus, or for antibodies or antigens that result from human immunodeficiency virus infection, or for any other substance specifically indicating human immunodeficiency virus infection, and includes preliminary screening tests. 69 Del. Laws, c. 231, §  1 ; § 3911 Human immunodeficiency virus (HIV) testing at the request of the victim. At the request of the victim and/or by order of the court, a defendant who has been arrested for a crime which has sexual intercourse, deviant sexual intercourse, or sexual contact as an element must submit to testing for HIV not later than 48 hours after the victim has requested, and/or the court has ordered, such testing. 69 Del. Laws, c. 231, §  1 ; 76 Del. Laws, c. 365, §  1 ; § 3912 Test result not a public record. The result of any human immunodeficiency virus test conducted pursuant to this subchapter shall not be a public record for purposes of Chapter 100 of Title 29. 69 Del. Laws, c. 231, §  1 ; 76 Del. Laws, c. 365, §  2 ; § 3913 Test results; notification to Department of Correction; counseling; cost; notice of appeal not to automatically stay order for HIV testing. (a) The result of any human immunodeficiency virus testing conducted pursuant to this subchapter shall only be made available by the Division of Public Health to the victim, or the parent or guardian of the victim who is a minor or has an intellectual disability or a mental incapacity, the defendant, the court issuing the order for testing, and any other person or agency pursuant to Chapters 12 and 12A of Title 16. (b) In addition, the Division of Public Health shall provide to the Department of Correction the result of any human immunodeficiency virus test conducted pursuant to this subchapter which indicates that the defendant is infected with the human immunodeficiency virus. The Department of Correction shall use this information solely for the purpose of providing medical treatment to the defendant while incarcerated in any correctional institution. (c) If the human immunodeficiency virus test indicates the presence of human immunodeficiency virus infection, the Division of Public Health shall provide counseling to the victim and the defendant regarding human immunodeficiency virus disease, and referral for appropriate health-care and support services. (d) The cost of testing under this subchapter shall be paid by the defendant tested, unless the court has determined that the defendant is an indigent person. (e) Filing of a notice of appeal shall not automatically stay an order that the defendant submit to a human immunodeficiency virus test. (f) A defendant must submit to follow-up tests for HIV as may be medically appropriate. 69 Del. Laws, c. 231, §  1 ; 76 Del. Laws, c. 365, §§  2, 3 ; 78 Del. Laws, c. 224, §  18 ; § 3914 [Transferred.] Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 3915 Scope. A person who is charged with any criminal offense in which it is alleged that the person interfered with the official duties of a law-enforcement officer by biting, scratching, spitting or transferring blood or other bodily fluids on or through the skin or membranes of a law-enforcement officer is subject to a court order requiring testing for the human immunodeficiency virus, any antibody to human immunodeficiency virus or hepatitis. 72 Del. Laws, c. 22, §  1 ; § 3916 Petition and hearing. (a) The law-enforcement officer or the employing agency or entity may petition the Superior Court for an order authorizing testing for the human immunodeficiency virus, any antibody to human immunodeficiency virus, or hepatitis. The Superior Court shall hear the petition promptly. (b) If the Court finds that probable cause exists to believe that a possible transfer of blood or other bodily fluid occurred between the person charged and the law-enforcement officer, the Court shall order that the person charged provide 2 specimens of blood for testing. 72 Del. Laws, c. 22, §  1 ; § 3917 Notice provided. (a) Notice of the test results shall be provided as prescribed by the Division of Public Health to the person tested, as well as to the law-enforcement officer named in the petition and to the officer’s employing agency or entity, who shall otherwise maintain the confidentiality of that information. (b) The result of any test conducted pursuant to this subchapter shall not be a public record for purposes of Chapter 100 of Title 29. 72 Del. Laws, c. 22, §  1 ; § 3918 Positive results; counseling; costs. (a) If the test indicates the presence of human immunodeficiency virus infection, the Division of Public Health shall provide counseling to the law-enforcement officer and the person charged with the criminal offense regarding human immunodeficiency virus disease, and referral for appropriate health care and support services. (b) The cost of testing under this subchapter shall be paid by the person tested, unless the court has determined that person is indigent. 72 Del. Laws, c. 22, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } }