Marlene Lichtenstadter, Chairperson
Board of Parole
Carvel State Office Building
820 N. French Street
Wilmington, DE 19801
Re: Parole Commission Authority to Conduct a Hearing for an Alleged Violation of the Terms of Mandatory Conditional Release
Dear Ms. Lichtenstadter:
You have asked whether the Board of Parole has authority to conduct a hearing if an offender is returned to the Board for an alleged violation of the terms of his mandatory conditional release. For the reasons stated below, the Board has the authority to conduct such a hearing.
In brief, 11 Del. C. § 4348 provides as follows:
A person having served his term or terms in incarceration, less such merit and good behavior credits as have been earned, shall, upon release, be deemed as released on parole until the expiration of the maximum term or terms for which he is sentenced.
It is clear that § 4348 applies to the situation about which you have inquired. As applied to your situation, the releasee is