Probation Rules in Delaware
In Delaware, felony probation can last up to 5 years (extendable in some cases) and misdemeanor probation up to 2 years. Early termination is available after completing at least half the term with good compliance. Standard conditions include reporting, drug testing, employment, and paying restitution. Probation officers may arrest probationers without a warrant for suspected violations. Delaware also offers Probation Before Judgment (PBJ) for eligible defendants.
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Overview
Delaware uses an indeterminate sentencing system for probation, governed primarily by 11 Del. C. Chapter 43, Subchapter III (sections 4331-4335). The Delaware Department of Correction, Bureau of Community Corrections supervises adult probation. Delaware offers both probation after conviction and Probation Before Judgment (PBJ) under 11 Del. C. 4218, which allows certain defendants to receive probation without a formal conviction. The state uses graduated sanctions for violations and provides broad authority for probation officers to arrest probationers without a warrant when violations are suspected. Any Superior Court judge presiding over a proceeding may modify, revoke, or terminate any probation sentence, regardless of the original county.
Quick Answer
In Delaware, felony probation can last up to 5 years (extendable in some cases) and misdemeanor probation up to 2 years. Early termination is available after completing at least half the term with good compliance. Standard conditions include reporting, drug testing, employment, and paying restitution. Probation officers may arrest probationers without a warrant for suspected violations. Delaware also offers Probation Before Judgment (PBJ) for eligible defendants.
Probation Types
| Type | Description | Max Length |
|---|---|---|
| Felony Probation | Court-ordered supervision for felony convictions, managed by the Bureau of Community Corrections. Conditions are set by the Superior Court judge under 11 Del. C. 4332. | 5 years (can be extended in some cases) |
| Misdemeanor Probation | Supervision for misdemeanor convictions, managed at the Court of Common Pleas or Justice of the Peace Court level. Less intensive with conditions appropriate to the offense. | 2 years |
| Probation Before Judgment (PBJ) | Under 11 Del. C. 4218, certain defendants may receive probation without a formal adjudication of guilt. Successful completion may result in dismissal of charges. Available in both Superior Court and lower courts for eligible offenses. | Varies by offense level |
Probation Conditions
- ✓Report to Probation Officer
Report to your assigned probation officer at scheduled times and locations. Frequency depends on your risk level and compliance history.
- ✓Drug and Alcohol Testing
Submit to random or scheduled drug and alcohol testing. Positive results or refusal constitutes a violation.
- ✓Maintain Employment
Obtain and maintain lawful employment, attend school, or participate in vocational training as directed.
- ✓No New Criminal Offenses
Do not commit any new criminal offenses during the probation period.
- ✓Pay Fines and Restitution
Pay all court-ordered fines, restitution, and fees as scheduled.
- ○Substance Abuse Treatment
Complete substance abuse evaluation and all recommended treatment programs, including residential or outpatient counseling.
- ✓Remain in Delaware
Do not leave the state without a travel permit from your probation officer. Routine in-state travel is allowed with regular reporting.
- ○Community Service
Complete court-ordered community service hours at approved organizations.
- ✓No Firearms
Do not possess firearms or dangerous weapons during probation. Mandatory for felony probationers.
- ○Curfew
Abide by a court-imposed curfew requiring you to be at your approved residence during specified hours.
✓ = typical condition ○ = case-specific
Violations
| Type | Examples | Consequences |
|---|---|---|
| Technical Violations | Missing appointments, failing drug tests, not completing community service, violating curfew, or failing to maintain employment. | Administrative sanctions and graduated responses include increased reporting, curfew, community service, or modified conditions. The commissioner or probation officer may arrest the probationer without a warrant under 11 Del. C. 4334. |
| New Criminal Offense | Being arrested or convicted of any new criminal offense during probation. | The Department notifies the court and submits a written report. The court causes the probationer to be brought before it for a hearing. If the violation is established, the court may revoke probation and require the violator to serve the original sentence or any lesser sentence. |
| Absconding | Leaving Delaware without permission, failing to report for an extended period, or becoming unreachable. | A warrant is issued. The commissioner or probation officer may arrest without a warrant. Absconding typically results in revocation and execution of the original sentence. |
Early Termination of Probation
Available.
Travel Rules
Probation vs Parole
In Delaware, probation is a court-ordered sentence served in the community supervised by the Bureau of Community Corrections within the Department of Correction. Parole is early release from incarceration granted by the Board of Parole after serving a portion of a sentence. Both are supervised by the Department of Correction. Probation conditions are set by the sentencing court, while parole conditions are set by the Board of Parole. Delaware's sentencing system includes a unique 'Level' structure (Levels I-V) for supervision intensity.
Frequently Asked Questions
- How long can probation last in Delaware?
- Felony probation can last up to 5 years (extendable in some cases), and misdemeanor probation up to 2 years. The exact term is set by the sentencing judge.
- What is Probation Before Judgment in Delaware?
- Under 11 Del. C. 4218, PBJ allows certain defendants to receive probation without a formal conviction. If you successfully complete all conditions, the charges may be dismissed. This is available for eligible offenses in both Superior Court and lower courts.
- Can I get off probation early in Delaware?
- Yes. After completing at least half your term with good compliance, you may petition for early termination. Any Superior Court judge presiding over a proceeding involving you can terminate your probation.
- Can my probation officer arrest me without a warrant?
- Yes. Under 11 Del. C. 4334, the Commissioner or any probation officer may arrest a probationer without a warrant when they believe a condition has been violated. The officer provides a written statement to the detention facility.
- What happens if I violate probation in Delaware?
- The Department notifies the court and submits a written violation report. You are brought before the court for a hearing. The court may continue probation with modified conditions or revoke it and impose the original sentence or any lesser sentence.
- Can I travel out of state on probation in Delaware?
- Only with a travel permit from your probation officer. Submit a request in advance. Permanent relocation requires Interstate Compact processing.
- Do I have to pay supervision fees in Delaware?
- You must pay all court-ordered fines, restitution, and fees. Specific supervision fee requirements vary by case. Financial compliance is considered in early termination decisions.
- What are Delaware's supervision levels?
- Delaware uses a Level system (Levels I-V) for supervision. Level I is full unsupervised release, Level II is probation/community supervision, Level III is intensive supervision or halfway house, Level IV is work release, and Level V is full incarceration. Probation typically falls under Level II.
Take Action — Direct Links
- Delaware Department of Correction - Bureau of Community Corrections
Official state agency supervising probation in Delaware, with office locations and program information.
- 11 Del. C. Chapter 43 - Sentencing, Probation, Parole
Full text of Delaware's probation and sentencing statutes.
- 11 Del. C. 4334 - Arrest for Violation; Disposition
Statute governing arrest, hearing, and disposition procedures for probation violations.
- Delaware Probation and Parole Fact Sheet
Department of Correction fact sheet about probation and parole programs.
- Delaware Volunteer Legal Services
Free legal assistance for low-income Delawareans with probation-related issues.