(a) Illegal sentence; drafting of the sentence.— The sentencing court may correct an illegal sentence at any time. It may likewise for justifiable cause and in furtherance of justice, reduce any sentence within ninety (90) days of its pronouncement, provided the same is not on appeal, or within sixty (60) days after receipt of a mandate confirming the sentence or dismissing the appeal, or after receipt of an order denying an application for a writ of certiorari.
(b) Clerical mistakes.— Clerical mistakes in judgments, orders or other parts of the record and errors in the record arising from oversight or omission may be corrected by the court at any time and after notice is given to the parties, if the court so orders.
(c) Modification of sentence.— The court may modify a sentence of imprisonment in those cases where the requirements of § 4732 of Title 33, and of the Constitutional Rehabilitation Mandate Act are met. The court may also modify a sentence of imprisonment by petition of the Prosecuting Attorney when the convict cooperates in an investigation or criminal prosecution, but said modification shall never be less than half of the sentence imposed. The court shall consider the petition in a private hearing and the record thereof shall remain sealed and inaccessible to the public in order to guarantee the safety of the informant and the confidentiality of the investigation.
History —Sept. 15, 2004, No. 317, § 16; Dec. 27, 2011, No. 281, § 5.