Delaware § 4346 Eligibility for parole

Delaware Statutes

§ 4346 — Eligibility for parole

Delaware § 4346

JurisdictionDelaware

Title11

PartCriminal Procedure Generally

Ch. 43SENTENCING, PROBATION, PAROLE AND PARDONS

Subch.Parole

This text of Delaware § 4346 (Eligibility for parole) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 11, § 4346 (2026).

Text

(a)A person confined to any correctional facility administered by the Department may be released on parole by the Board if the person has served1/3of the term imposed by the court, such term to be reduced by such merit and good behavior credits as have been earned, or 120 days, whichever is greater. For the purpose of this subchapter, “court” shall include any court committing an offender to the Department.

(b)Consistent with law, the Board, upon written recommendation of the court which imposed the sentence, or the Department, may reduce the minimum term of eligibility when the Board is satisfied that the best interest of the public and the welfare of the person will be served by such reduction. Such reduction in the minimum term of eligibility for parole shall be by order of the Board

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(a) A person confined to any correctional facility administered by the Department may be released on parole by the Board if the person has served1/3of the term imposed by the court, such term to be reduced by such merit and good behavior credits as have been earned, or 120 days, whichever is greater. For the purpose of this subchapter, “court” shall include any court committing an offender to the Department.

(b) Consistent with law, the Board, upon written recommendation of the court which imposed the sentence, or the Department, may reduce the minimum term of eligibility when the Board is satisfied that the best interest of the public and the welfare of the person will be served by such reduction. Such reduction in the minimum term of eligibility for parole shall be by order of the Board stating the specific date when said person shall become eligible for parole; but such reduction of the minimum term of eligibility for parole shall have no effect on the maximum limits of the sentence. The order of reduction by the Board shall be made in open hearing.

(c) The Board shall have authority to act where the maximum term has been commuted by the Governor. For all purposes of this section, a person sentenced to imprisonment for life shall be considered as having been sentenced to a fixed term of 45 years.

(d) Consistent with law, the Board may adopt such other rules as it deems proper or necessary with respect to the eligibility of persons for parole, the conduct of parole hearings or conditions to be imposed upon parolees.

(e) If good cause for release on the grounds of serious medical illness or infirmity would exist under § 4217 of this title, the Department shall recommend, or the person seeking release may request, that the person’s case be considered by the Board of Parole at a regular or special meeting. When the case is so considered, the Board of Parole, if satisfied that good cause exists and that the release of the person does not constitute a substantial risk under § 4217(b)(1)c. of this title, may order the release of the person on parole without regard to the time already served by the person. The Board of Parole may impose any conditions of parole on the person and may revoke the person’s parole without hearing at any time and for any cause and order the return of the person to the Department.