or 11 Del

sentence to which 11 Del. C. § 4214 was not applied. Judgments entered at different times shall not be challenged in one petition but only by separate petitions. (5) Time of filing. No petition shall be filed prior to January 1, 2017. A petition may not be filed until a judge of this court issues a certificate of eligibility under subdivision (c) of this rule. The court will consider a repetitive petition under this rule only in extraordinary circumstances. (6) Place of filing. A petition shall be filed in the office of the prothonotary in the county in which the judgment of sentence was entered and shall be served upon the office of the Attorney General in the county of application. (7) Response to the petition. The Attorney General shall file a written response to the petition at a time specified by the court. That written response shall: -5- (i) (ii) specify all grounds for the Attorney General’s support of or opposition to the petition; set forth in summary form the facts supporting or basis for objecting to each of the grounds thus specified; (iii) verify, and supplement when necessary, the petitioner’s including all arrests and prior criminal history, convictions; (iv) verify the history of the petitioner’s conduct while incarcerated; (v) provide all available evidence as to the likelihood that the petitioner will reoffend if released; (vi) provide the Attorney General’s position regarding the results of the formal risk assessment conducted and filed with the petition; and (vii) be supported by specific averments that the Attorney General has conducted a diligent review of the matter and that, if the petition involves a crime against a person or property the Attorney General has consulted with the victim as provided for in 11 Del. C. § 4214(f). The court shall not act upon the petition without first providing the Attorney General with an opportunity to be heard on the matter. A petition for modification of sentence under this rule may be considered without presentation, hearing, or argument unless otherwise ordered by the court. In no case, however, shall the petition be considered in a manner inconsistent with the provisions of 11 Del. C. § 4214(f) and this rule. In any case in which presentation, hearing or argument is had on the petition, a victim shall be given an opportunity to provide a victim impact statement in a manner consistent with the provisions of 11 Del. C. §§ 4331(d), (e), and (f). (8) Summary dismissal. If it plainly appears from the petition and the record of prior proceedings in the case that the petitioner is not entitled to relief or that the requirements of this rule have not been met, the court may enter an order for the petition’s summary dismissal and cause the petitioner’s attorney and the petitioner to be notified. -6- (9) Disposition of petition. The court may in its sole discretion grant or deny the petition for modification of sentence. Notwithstanding the provisions of 11 Del. C. § 4214 or § 4217, any court rule or any other provision of law to the contrary, the court upon consideration of a petition properly filed pursuant to this rule may modify, reduce, or suspend the petitioner’s sentence imposed. In no instance, however, may the court modify, reduce, or suspend any portion of any applicable mandatory sentence as defined by 11 Del. C. § 4214(f). If the court modifies, reduces or suspends the petitioner’s sentence, the court shall include a transition period of custodial supervision at either Level IV, III or II as provided for by 11 Del. C. § 4204(l). Nothing in this rule or in 11 Del. C. § 4214 shall require the court to grant sentence modification to a petitioner. (10) Record of disposition. Whenever the court disposes of a petition, the court shall set forth on the record the results of its review and its reasons for granting or denying the petition. (11) Sequence of consideration of petitions. To the extent possible, consistent with the provisions of 11 Del. C. § 4214(f), all petitions filed under this rule where the felony establishing an inmate as a habitual offender was a Title 16 offense shall be heard first, followed by all petitions filed where the felony establishing an inmate as a habitual offender was a crime against property, followed by all other petitions. Consistent with the provisions of 11 Del. C. § 4214(f), nothing in this rule shall prohibit the court from considering any petition without regard to this preferred sequence when the court, after having obtained and considered the request of the petitioner and the consent of the Attorney General, determines it is in the interest of justice to do so. Effective February 1, 2020 (To be cited as “Del. Super. Ct. Spec. R. 2017-1_” and must be applied to all 11 Del. C. § 4217(f) sentence modification requests pending or filed on or after February 1, 2020.) -7-