Delaware Code Title 21. Motor Vehicles § 4205A. Classification of offenders sentenced to imprisonment under this title

(a) For offenses under this title, except those which involve injury or death caused to another person by the person's driving or operation of the vehicle or which involve a driving under the influence-related conviction or offense as defined in § 4177B(e)(1) a.-d. of this title, the terms of imprisonment defined in this title may be served at Supervision Accountability Level IV as defined in § 4204(c)(4) of Title 11 .

(b) For offenses under this title which involve injury caused to another person by the person's driving or operation of the vehicle or a driving under the influence-related conviction or offense as defined in § 4177B(e)(1) a.-d. of this title, any term of imprisonment defined in this title shall be served at Supervision Accountability Level V as defined in § 4204(c)(5) of Title 11 or at Supervision Accountability Level IV as defined in § 4204(c)(4) of Title 11 provided that such Level IV placement must be served in a Department of Correction facility which requires full-time residence at the facility and that the person may not be outside the confines of that facility without armed supervision.

(c) For offenses under this title which involve death caused to another person by the person's driving or operation of the vehicle any term of imprisonment defined in this title shall be served at Supervision Accountability Level V as defined in § 4204(c)(5) of Title 11 .

(d) A sentencing judge shall not designate under which provision of this section an offender sentenced to imprisonment for a violation of a provision of this title is to be classified to serve the offender's imprisonment.  Classification pursuant to the provisions of this section of an offender sentenced to imprisonment for violation of a provision of this title shall be done at the discretion of the Department of Correction in accordance with Chapter 65 of Title 11.


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