Rule 32.1 - Revocation or modification of partial confinement or probation(a) Revocation of partial confinement or probation. - Whenever a person is taken into or held in custody on the grounds that the person has violated a condition of partial confinement or probation, the person shall be brought without unreasonable delay before a committing magistrate or a judge of Superior Court for the purpose of fixing bail and, if not released on bail, shall be afforded a prompt hearing before a judge of Superior Court on the charge of violation. The person shall be given: (A) Written notice of the alleged violation;(B) Disclosure of the evidence against the person;(C) An opportunity to appear and to present evidence in the person's own behalf;(D) The opportunity to question adverse witnesses; and(E) Notice of the person's right to retain counsel and, in cases in which fundamental fairness requires, to the assignment of counsel if the person is unable to obtain counsel.(b) Modification of partial confinement or probation. The requirements of subdivision (a) of this rule shall apply before the terms or conditions of partial confinement or probation can be modified, unless the relief to be granted to the person on partial confinement or probation upon the person's request or the court's own motion is favorable to the person, and the attorney general, after having been given notice of the proposed relief and a reasonable opportunity to object, has not objected. An extension of the term of partial confinement or probation is not favorable to the person for the purposes of this rule. (c)Procedures applicable to sentences previously modified by act of executive clemency. The provisions of subdivisions (a) and (b) of this rule and of 11 Del. C. § 4334 shall apply to any alleged violation of a condition of partial confinement or probation that remains a term or condition of the court's sentence after alteration, reduction, or modification of such sentence by pardon, commutation of sentence, reprieve, remission, or any other act of executive clemency.De. R. Crim. P. Super. Ct. 32.1
Amended July 19, 2020, effective 8/1/2022.