§ 4383 — Earned compliance credit for probation

(a) Any periods of probation sentenced to or released to probation on or after August 8, 2012, may be reduced by earned compliance credit under the provisions of this chapter and rules and regulations adopted by the Department.

(b) (1) Persons under supervision may earn up to 30 days of credit for 30 days of compliance with conditions of supervision.

(2) Earned compliance credit is forfeited on conviction of a new crime and may be forfeited on revocation of probation.

(c) For any individual released on or after August 8, 2012, a period of conditional release must be served concurrently with the probationary period.

(d) Earned compliance credit does not apply to any period of probation imposed for any of the following:

(1) A sexual offense as defined in § 761 of this title.

(2) A violent felony in this title as designated by § 4201(c) of this title.

(3) An offense set forth in the Delaware Code, if the period of probation is imposed to ensure the collection of any restitution ordered and the individual is sentenced to Accountability Level I—Restitution Only.

(4) Such other categories of offenses as set forth in the rules and regulations adopted by the Department.

(e) If an individual on probation is eligible to receive earned compliance credits, the Department shall notify the individual in writing that the individual is eligible to receive earned compliance credits. The Department shall notify an individual on probation of the individual’s earned compliance credit eligibility date when the Department calculates the date.

Legislative History

78 Del. Laws, c. 392, § 11 ; 79 Del. Laws, c. 187, § 2 ; 85 Del. Laws, c. 67, § 6