Delaware Code § 11-4216

Transition provisions
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(a) Where an inmate is serving a sentence to Level V (incarceration) imposed not under the Truth in Sentencing Act of 1989 and
receives a subsequent sentence to Level V under the provisions of the Truth in Sentencing Act, serving of the earlier sentence shall be
suspended and the inmate shall serve the new Level V sentence until it is completed and then resume serving the original sentence.
(b) Where an inmate is serving a "nonmandatory" Level V (incarceration) sentence and is subsequently sentenced to a mandatory term
of incarceration, serving of the earlier sentence shall be suspended and the inmate shall serve the new mandatory Level V sentence until
it is completed and then resume serving the earlier sentence.

(c) Where an inmate is serving Level V (incarceration) sentence or sentences imposed not under the Truth in Sentencing Act of 1989, and
is subsequently sentenced to Level V under the provisions of the Truth in Sentencing Act and had less than an aggregate 3 years remaining
on the prior sentence or sentences, the court at the time of sentencing under the Truth in Sentencing Act may in its discretion suspend the
remainder of the prior non-Truth in Sentencing Level V sentence or sentences, unless such sentence was a statutory mandatory term.
(d) Any individual convicted of a crime on or after January 1, 1990, which crime occurred prior to June 30, 1990, may elect to be
sentenced under the provisions of the Truth in Sentencing Act of 1989 rather than under the prior provisions of this title.

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