Rule 32 - Sentence and Judgment(a) Sentence.(1) In general. Sentence shall be imposed without unreasonable delay. Pending sentence, the Court may commit the person charged or continue or alter the bail. Before imposing sentence, the Court shall afford counsel an opportunity to speak on behalf of the person charged and shall address the person charged personally and allow opportunity to make a statement and to present any information in mitigation of punishment. The Court shall also offer the victim, if present, the opportunity to speak.(2) Information on issue of sentence. The Court may admit any information that is material and relevant, including hearsay and opinion evidence. The Court on its own motion or that of a party may order that a presentence investigation or diagnostic reports be prepared and submitted to the Court for consideration at the sentencing hearing, in accordance with the provisions of subparagraph (c) of this Rule.(3) Conditions and restrictions imposed. Conditions or restrictions imposed on the conduct of the person charged shall be set forth in writing by the Court, or by another person or agency if delegated the authority by Court order to impose such conditions or restrictions, and a copy thereof shall be furnished to the person charged, and if the person charged is a child to the custodian as well, at the earliest possible time. The conditions or restrictions shall become effective upon the person charged being notified, either orally or in writing, by the Court or its delegee.(b) Judgment. A judgment of conviction shall set forth the plea, the findings, the adjudication and sentence. If the person charged is found not guilty or for any other reason is entitled to be discharged, judgment shall be entered accordingly. The judgment shall be signed by the judge or master and entered by the Clerk of the Court.(c) Presentence investigation.(1) When made. The appropriate officer of the court shall make a presentence investigation or report to the Court before the imposition of sentence or disposition or the granting of probation, if the Court so directs. The report shall not be submitted to the Court, or its contents disclosed to anyone, unless the person charged has entered a plea of guilty or has been found guilty. (2) Report. The report of the presentence investigation shall contain any prior criminal record of the person charged and such information about characteristics, financial condition and the circumstances affecting behavior as may be helpful in imposing sentence or in granting probation or in the correctional treatment of the person charged and such other information as may be required by the Court. The parties or their counsel shall be afforded an opportunity to examine and controvert written reports and to cross-examine the individuals who prepared the reports.(3) Disclosure. The presentence report is not a public record. The report shall be reviewed by the sentencing judge or master prior to imposition of sentence. In addition, the presentence report shall be available for inspection as a matter of right by the following persons or agencies, subject to such deletions, restrictions or conditions as the Court may deem proper: (i) the person charged and counsel and, if the person charged is a child, the custodian;(ii) the Department of Justice; (iii) the Department of Corrections if the person charged is an adult and sentenced to a period of incarceration;(iv) the Department of Services for Children, Youth, and their Families if the person charged is a child and committed to its custody; and(v) the appropriate probation authorities if the Court imposes a term of probation upon the person charged. The presentence report may also be made available in the Court's discretion to persons or agencies having a legitimate professional interest in information likely to be contained therein and volunteers working in Court approved programs.
(d) Withdrawal of plea of guilty. A motion to withdraw a plea of guilty or of nolo contendere may be made only before sentence is imposed or imposition of sentence is suspended; but to correct manifest injustice, the Court after sentence may set aside the judgment of conviction and permit withdrawal of the plea. (e) Probation. The Court may, after conviction or after a plea of guilty or nolo contendere for any offense, suspend the imposition or execution of sentence and place the person charged upon probation for such period and upon such terms and conditions as it may deem best; or the Court may impose a fine and may also place the person charged upon probation. Unless the order of sentencing provides otherwise, a person charged who is placed on probation shall be supervised by the appropriate probation authorities which shall, without further Court order, have full power and authority to impose conditions and restrictions on the person charged in addition to any which may have been imposed by the Court, subject, however, to the requirement of notice to the person charged as set forth in subparagraph (a)(3).(f) Revocation of probation. The Court shall not revoke probation except after a hearing at which the person charged shall be present and apprised of the grounds on which such action is proposed. The person charged may be admitted to bail pending such hearing. (g) Restitution. The Court, to provide a uniform and equitable approach in considering an order for restitution as part of any sentence, shall adhere to the following guidelines: (1) restitution is discretionary and its imposition shall be governed by statute;(2) restitution should be ordered when the victim has suffered an actual monetary loss through damage, destruction, or theft of property, or personal injury; (3) restitution should cover the victim's own out-of-pocket expenses and losses as a first priority with losses covered by insurance given the lowest priority; (4) the Victim Loss Statement shall request the victim to complete the statement setting forth market value, as opposed to replacement value or cost, with respect to damage, destroyed, or lost property, and to include a receipt, receipted invoice, canceled check, appraisal, or other verification of the loss claimed; (5) the Court must consider the ability of the person from whom restitution is sought to pay such restitution in determining whether to order restitution and, if so ordering, in determining the amount of restitution and the schedule of payments; and (6) where there is a disagreement as to the amount of the loss sustained, the State shall have the burden of proving the amount of loss by a preponderance of the evidence. (h) Court costs. At the time of sentencing or dispositional hearing the Court shall, in writing, assess or specifically waive court costs, as established in the Schedule of Assessed Costs maintained and published by the Clerk of Court. In the case of an adult, the court shall also order, in writing, the Victim's Compensation Fund assessment of 15% of the fine imposed. The Court may also order, in writing, payment of additional Court costs in accordance with the Schedule of Assessed Costs maintained and published by the Clerk of the Court.Del. Fam. Ct. R. Crim. P. 32