(a) Where an inmate is serving a sentence to Level V (incarceration) imposed not under the Truth in Sentencing Act of 1989 and receives a subsequent sentence to Level V under the provisions of the Truth in Sentencing Act, serving of the earlier sentence shall be suspended and the inmate shall serve the new Level V sentence until it is completed and then resume serving the original sentence.
(b) Where an inmate is serving a “nonmandatory” Level V (incarceration) sentence and is subsequently sentenced to a mandatory term of incarceration, serving of the earlier sentence shall be suspended and the inmate shall serve the new mandatory Level V sentence until it is completed and then resume serving the earlier sentence.
(c) Where an inmate is serving Level V (incarceration) sentence or sentences imposed not under the Truth in Sentencing Act of 1989, and is subsequently sentenced to Level V under the provisions of the Truth in Sentencing Act and had less than an aggregate 3 years remaining on the prior sentence or sentences, the court at the time of sentencing under the Truth in Sentencing Act may in its discretion suspend the remainder of the prior non-Truth in Sentencing Level V sentence or sentences, unless such sentence was a statutory mandatory term.
(d) Any individual convicted of a crime on or after January 1, 1990, which crime occurred prior to June 30, 1990, may elect to be sentenced under the provisions of the Truth in Sentencing Act of 1989 rather than under the prior provisions of this title.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 42. CLASSIFICATION OF OFFENSES; SENTENCES
§ 4201. Transition provisions.
§ 4202. Classification of misdemeanors.
§ 4204. Authorized disposition of convicted offenders.
§ 4204A. Youth convicted in Superior Court.
§ 4205. Sentence for felonies.
§ 4205A. Additional penalty for serious sex offenders or pedophile offenders.
§ 4206. Sentence for misdemeanors.
§ 4207. Sentences for violations.
§ 4208. Fines for organizations.
§ 4209A. Punishment for first-degree murder committed by juvenile offenders.
§ 4210. Arrest and disposition of intoxicated persons.
§ 4212. Definitions relating to §§ 4210 and 4211.
§ 4213. Arrest of persons under the influence of drugs; drug detoxification centers.
§ 4214. Habitual criminal; life sentence
§ 4215. Sentence of greater punishment because of previous conviction.
§ 4216. Transition provisions.
§ 4217. Jurisdiction over sentence retained.
§ 4218. Probation before judgment.
§ 4219. Continuous Remote Alcohol Monitoring Program.
§ 4220. Modification, suspension or reduction of sentence for substantial assistance.