Opinion
April 30, 2003.
(1) Superior Court Criminal Rule 32 is amended by striking paragraph (g) in its entirety and by inserting in lieu thereof the following:
(g) Restitution. Restitution in accordance with law shall be determined as follows:
(1) Immediate Sentencing.
(A) When sentence is imposed without a presentence report, restitution shall be as provided in the plea agreement.
(B) If the plea agreement does not contain a restitution agreement, restitution shall be determined upon the filing of a Restitution Claim Form with the Office of Investigative Services no later than 60 days after sentencing. Except for good cause shown, failure to file a timely claim for restitution shall be deemed a waiver of a claim for restitution. Filing may be accomplished by mailing a completed Restitution Claim Form to the Office of Investigative Services.
Upon receipt of a Restitution Claim Form, the Office of Investigative Services shall notify the defendant and the attorney for defendant of the claim. The defendant shall be notified by first class mail, at defendant's last known address. The defendant shall have 60 days from the date of mailing to file a response by mail with the Office of Investigative Services.
Within 30 days of the receipt of a response or of the expiration of the deadline for response, the Office of Investigative Services shall send the Restitution Claim Form to the sentencing Judge together with a recommendation to the sentencing Judge shall be sent to the prosecutor and the attorney for the defendant.
The sentencing Judge in his or her discretion may order restitution based on the papers filed or may order a hearing thereon.
(2) Presentence Investigation. When a presentence investigation is ordered, the Office of Investigative Services shall furnish the victim with a Restitution Claim Form which shall be returned to the Office of Investigative Services within 30 days of the date of mailing. Except for good cause shown, failure to timely return a Restitution Claim Form shall be deemed a waiver of restitution. The Office of Investigative Services shall recommend restitution based on the Restitution Claim Form and all information presented in the presentence report. If the defendant objects to the presentence report. If the defendant objects to restitution as recommended, the sentencing Judge in his or her discretion may order a hearing thereon or determine restitution without a hearing.
(3) Restitution Claim Form. The Restitution Claim Form shall provide for all forms of restitution permitted by law and shall be furnished to the Department of Justice for distribution to all victims of crime pursuant to 11 Del. C. § 9411(a)(4).
(2) This amendment shall be effective June 1, 2003.
(3) An original of this Order shall be filed with the Prothonotary for each county.