Delaware § 4221 Modification, deferral, suspension or reduction of sentence for serious physical illness, injury or infirmity

Delaware Statutes

§ 4221 — Modification, deferral, suspension or reduction of sentence for serious physical illness, injury or infirmity

Delaware·Title 11·Part Criminal Procedure Generally·Ch. 42 CLASSIFICATION OF OFFENSES; SENTENCES

Notwithstanding any provision of law to the contrary, a court may modify, defer, suspend or reduce a minimum or mandatory sentence of 1 year or less, or a portion thereof, where the court finds by clear and convincing evidence, or by stipulation of the State, that the person to be sentenced suffers from a serious physical illness, injury or infirmity with continuing treatment needs which make incarceration inappropriate and that such person does not constitute a substantial risk to the community.

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Notwithstanding any provision of law to the contrary, a court may modify, defer, suspend or reduce a minimum or mandatory sentence of 1 year or less, or a portion thereof, where the court finds by clear and convincing evidence, or by stipulation of the State, that the person to be sentenced suffers from a serious physical illness, injury or infirmity with continuing treatment needs which make incarceration inappropriate and that such person does not constitute a substantial risk to the community.

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