This Act expands the composition of the Family Justice Center Council by removing a single member that previously represented the health care community including both mental health providers and sexual assault nurse examiners, and instead adding one member representing the mental health care provider community, one member representing the sexual assault nurse examiner community, and one member representing system-based police or prosecution victim service specialists.
This Act removes prohibitions in Title 11 of the Delaware Code related to owning or possessing certain types of knives that may be opened by one hand. Such cutting implements are lawfully used as tools by many working in the trades, and are also popular among outdoor, hunting, and camping enthusiasts. Currently, despite common and myriad lawful purposes, such knives are treated as deadly weapons in Delaware, and therefore subject otherwise law-abiding Delawareans engaged in law-abiding activities to criminal prosecution in the justice system. Removing the prohibitions would permit individuals to lawfully use such tools, but would still subject them to prosecution for deadly weapons-related offenses where an individual uses such a knife in the course of an attack or assault aimed at causing death or serious injury.
This Senate Joint Resolution establishes the Juvenile Justice Educational Transitions Task Force to propose a plan to ensure more successful transitions of youth from Delaware’s secured post-adjudicatory residential placement back into middle school or high school, including consideration of a new educational facility specifically targeted at transition of those youth.
This Act prohibits arrest or detention by any person who does not have explicit statutory authority to carry out an arrest or detention. The intent of this provision is to eliminate any doubt that a “citizen’s arrest” is not permitted in Delaware. Peace officers have statutory authority to make arrests, as do federal law enforcement agents and out-of-state police under some circumstances. There is also limited authority to detain a person suspected of shoplifting provided to a merchant, store supervisor, agent or employee of a merchant in § 840 of Title 11; to detain a person suspected of unlawful recording by a motion picture theater owner, supervisor, agent or employee under § 858 of Title 11; and to detain a person suspected of unlawful acts with a video lottery machine by a video lottery agent or any of its officers, employees or agents under § 1474 of Title 11. This Act also deletes two outdated provisions of Chapter 65 of Title 11 that reference the exercise of arrest by private detectives. At the present time, private investigators do not have authority to make arrests in Delaware.
This Act prohibits law-enforcement agencies from entering into agreements with federal immigration enforcement authorities to enforce immigration violations or share immigration enforcement related data. This Act is not intended to prevent a law-enforcement agency from working with the federal government on other public safety efforts.
Currently, the Department of Correction (“Department”) biennially reviews individuals sentenced to more than 1 year of incarceration to determine if there is good cause to recommend a sentence modification to the Board of Parole for an individual who is not a substantial risk to the community or the individual’s self. Good cause includes the individual’s rehabilitation, serious medical illness or infirmity, and prison overcrowding. While any individual is eligible for consideration due to a serious medical illness or infirmity, only those who have served at least ½ of their sentence for a violent felony or all of the statutorily mandated term of incarceration are eligible for consideration for rehabilitation, prison overcrowding, or another reason. If the Department recommends an individual for sentence modification, the Board of Parole considers the application and, if the Board approves, the sentencing court then makes a final determination on the sentence modification. This Act, which is named in honor of Richard “Mouse” Smith, a Delaware civil rights leader, who spent decades advocating on issues addressed by this Act, is a substitute for Senate Bill No. 10. Like Senate Bill No. 10, this Act revises the process for sentence modification in 3 ways. First, this Act removes the Board of Parole from the sentence modification process and provides that applications for sentence modification are made directly to the sentencing court. Second, this Act provides that an individual who is sentenced to incarceration for more than 1 year may seek a sentence modification in 3 circumstances: (1) The application for a sentence modification is based solely on the person’s serious medical illness or infirmity. (2) The person is 60 years of age or older, has served at least 15 years of the originally imposed Level V sentence, and the application for sentence modification is based solely on the person’s rehabilitation. (3) The person has served at least 25 years of the originally imposed Level V sentence and the application for sentence modification is based solely on the person’s rehabilitation. Third, this Act provides that an individual who is sentenced to incarceration for more than 1 year and whose sentence is reviewed by the Department, but who the Department does not recommend for sentence modification, may directly apply to the court for a sentence modification. Like Senate Bill No. 10, this Act also makes clear that the Department and sentencing court must consider if a sentence modification resulting in the release of an individual who is incarcerated would constitute a substantial risk to a victim of, or witness to, an offense that is the subject of the sentence modification and that the sentencing court must provide an opportunity for the victim and the Department of Justice to be heard. This Act differs from Senate Bill No. 10 as follows: (1) Providing that a person is not eligible for a sentence modification under this Act if the person is serving a statutorily mandated term of incarceration at Level V for a conviction of any offense under this title and has not yet served all of the statutorily mandated portion of the Level V sentence. Senate Bill No. 10 provided the person was not eligible until the person had served ½ of the statutorily mandated portion of the Level V sentence. (2) Making clear that the person’s attorney may file the sentence modification for the person. (3) Making clear that an application for a sentence modification may be filed by those who have served the period of incarceration provided under paragraph (a)(5) and have good cause. (4) Requiring the Department, on completion of the Department’s eligibility review under paragraph (d)(1), to provide the person with information regarding the person’s right to counsel. (5) Providing that the person may retain a private attorney at the person's own expense or request the court refer the person to the Office of Defense Services, and that the person may proceed without an attorney only as provided under court rules. (6) Requiring the Department to biennially conduct the eligibility review required under paragraph (d)(1). Senate Bill No. 10 would have required the Department to make these determinations annually. (7) Requiring the Department to provide to the court, with an application for sentence modification the Department files, a written statement of the satisfied requirements under this Act that form the Department’s basis for recommending the sentence modification. (8) Requiring the Department to provide to the person, the person’s attorney of record, or the Office of Defense Services a written statement of the Department’s reasons for not recommending a sentence modification, including the unsatisfied requirements of this Act that form the Department’s basis for not recommending the sentence modification. (9) Authorizing the court to summarily dismiss an application that does not include the statements from the Department required by this Act, except for an application based solely on the person’s serious medical illness or infirmity. (10) Authorizing the court to summarily dismiss an application if the court determines summary dismissal is warranted. (11) Giving the court discretion to determine how long a person whose application for sentence modification is denied because the court determines the person constitutes a substantial risk to the community or the person’s application lacks good cause. This Act provides the period set by the court may not exceed 3 years. (12) Making clear that if the court denies an application for sentence modification based on a person’s serious medical illness or infirmity, the person may submit a subsequent application if at least 60 days have passed since the date of the court’s denial and if the application demonstrates a material change in the person’s circumstances.
This Act is based on Senate Substitute No. 3 for Senate Bill No. 4 of the 152nd General Assembly, which modernizes Delaware’s probation system, including by directing the courts, the Board of Parole, and the Bureau of Community Corrections to use the least restrictive probation and parole conditions and the most minimally intrusive reporting requirements necessary to achieve the goals of community supervision.
This Act is being proposed in hopes of allowing for additional disbursements from a special fund created by the General Assembly to ensure adequate pensions for affected police officers and firefighters, and their surviving spouses. This raises the pension level an individual is permitted to receive and still be eligible for a distribution from the special fund from $35,000 or less to $55,000 or less. It also ensures that those eligible to receive a distribution from the special fund will be able to do so upon enactment, and not have to wait until the current date permitted under the Code.
This Act is the first leg of a constitutional amendment to prohibit the imposition of the death penalty. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution. This Substitute for House Bill No. 35 makes technical corrections and omits the changes to § 12 of Article I to avoid confusion as there is a different currently pending amendment to that section.
This bill adopts an inmate mailbox rule similar to the federal inmate mailbox rule. If a pro se inmate files an appeal while incarcerated, the date of filing will be counted as the date that that the inmate gave the appeal to the DOC officials for mailing rather than the date that the Courts receive the appeal.
