Delaware § 6705 - Sentencing; boot camp designation.

§ 6705. Sentencing; boot camp designation.

(a) Each participant in the boot camp program shall have first been convicted of a criminal offense. The selection of boot camp participants shall be made by the Bureau from those offenders not otherwise excluded under this section. However, satisfying the statutory or regulatory qualifications for admission to the boot camp program shall not mean that an offender shall automatically be permitted to participate in the program.

(b) Notwithstanding the provisions of subsection (a) of this section, the following offenders shall not be classified or otherwise permitted to participate in the boot camp program:

(1) Any person declared to be an habitual offender under § 4214 of this title;

(2) Any person who is serving a sentence of Level V incarceration for a violent crime;

(3) Any person who is serving a sentence for a violation of probation or parole where the crime for which the offender was originally convicted is any class A, B or C Title 11 violent felony, or any sexual offense as set forth in subpart D of subchapter II of Chapter 5 of this title or any of the following offenses: Vehicular homicide first and second degree, criminally negligent homicide, promoting prison contraband felony or stalking;

(4) Any person designated by the sentencing court or the Attorney General pursuant to subsection (c) of this section as not being eligible for the boot camp program.

(c) The sentencing court or the Attorney General shall have the authority to designate any person as bootcamp ineligible at the time of sentencing. Such designation shall be specifically and clearly set forth in the sentencing order.

(d) Subject to the provisions of subsections (a), (b)(1) and (b)(3) of this section, any person serving a sentence for a violation of probation or parole shall be eligible for the boot camp program.

70 Del. Laws, c. 244, §  1;  71 Del. Laws, c. 7, §  2;  71 Del. Laws, c. 174, §§  1-3;  71 Del. Laws, c. 484, §  1;