Del. Code tit. 11 § 4391

Current through 2024 Legislative Session Act Chapter 531
Section 4391 - Definitions

The following words, terms and phrases, when used in this subchapter, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) "Crime of violence" means any crime which involves the use or threat of physical force or violence against any individual. For purposes of this subchapter, no motor vehicle offense is a crime of violence where it is not a part of an additional crime.
(2) "Good standing" means that an offender participating in the house arrest program has, at the time such person entered the program and continuously thereafter, met the following qualifications:
a. No pending warrants or charges.
b. No major violations during the immediately preceding 45 days.
c. Adherence to all conditions of probation, work-release and case plans.
(3) "House arrest" or "house arrest program" means a form of intensive supervised custody in the community, including surveillance on weekends, administered by intensive supervision officers. The house arrest program shall be an individual program in which the freedom of the offender is restricted within the stable, approved place of residence of the offender or within the stable, approved place of residence of a host, parent, sibling or child of the offender and in which specific sanctions are imposed and enforced.

(4) "Public service" means that work which is required of an offender participating in the house arrest program and shall include work which the offender is ordered to perform, without payment, for the benefit of the community, separate and apart from any paid employment which the offender may be permitted to obtain. All public service work shall be performed for designated tax-supported or tax-exempt entities which have entered into an informal agreement with the Department to administer the work performed by the offender. The words "public service" include any of the following:
a. Work on any property or building owned or leased by the State, by any county or by a municipality or by any nonprofit organization or agency or work for any program under the control or sponsorship of a charitable enterprise.
b. Work on a state, county or municipally-owned road or highway.
c. Landscaping, maintenance or service work in any state, county or municipal park or recreation areas.
d. Work in a state, county or municipal hospital or for any nonprofit health or medical center or facility.

11 Del. C. § 4391

Amended by Laws 2021, ch. 35,s 2, eff. 6/3/2021.
66 Del. Laws, c. 29, §3.;