State of Delaware, Victims’ Compensation Assistance Program, Plaintiff Below, Appellant v. David Chianese…

Summary

The Supreme Court of Delaware affirmed the denial of restitution to the Victims’ Compensation Assistance Program for payments it made to the victim. The Court held that the sentencing order neither imposed restitution nor expressly reserved jurisdiction to impose it later, and that the applicable statutes did not authorize restitution to a third-party compensation program for personal-injury payments. The State also could not obtain relief through a compensating fine because it had not requested one, and the criminal rule could not independently create statutory authority.