Sen. Marie Pinkney

Maddy summaryThis bill creates a new Probation System Task Force to review the current state of probation in Delaware and provide findings and recommendations. The group will include legislators, state officials, service providers, and individuals with personal experience in the probation system. The Task Force is required to hold its first meeting by late September 2024 and submit a final report by July 1, 2025.

Maddy summaryThis bill designates May 23, 2024, as "Stop the Bleed Day" throughout Delaware to raise public awareness about hemorrhage control. The resolution encourages citizens to learn how to stop life-threatening bleeding using techniques and kits, such as tourniquets, typically provided by the American College of Surgeons. It serves as a commemorative measure to promote preparedness for trauma emergencies rather than enacting new laws or funding.

This resolution designates June 12, 2024, as “Loving Day” in the State of Delaware and reaffirms a commitment to the principles of equality, freedom, and justice for all. “Loving Day” contributes to building a society that values and respects the fundamental human rights of all individuals, regardless of their race or ethnicity.

This Act is a substitute for Senate Bill No. 4, replacing Senate Substitute No. 1 for Senate Bill No. 4. and Senate Substitute No. 2 for Senate Bill No. 4. Like Senate Bill No. 4, Senate Substitute No. 1, and Senate Substitute No. 2 for Senate Bill No. 4, this Act 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 differs from Senate Substitute No. 2 for Senate Bill No. 4 by doing all of the following: (1) Continuing the process of updating the Delaware Code to use people-first language to refer to an individual on probation or otherwise involved in the criminal justice system. (2) Removing the prohibition on imposing a sentence of incarceration for a technical violation and the special sentencing matrix for certain technical violations. As a result, the definitions for “non-technical violation” and “technical violation” are also removed. (3) Removing the requirement that periods of incarceration imposed when probation violations are found for multiple offenses be served concurrently. (4) Removing the requirement that for a court, Board of Parole, or probation and parole officer to impose a condition that an individual on probation not possess or use alcohol or controlled substances there must be a reasonable relationship to the criminogenic needs of the individual. (5) Removing the prohibition on a probation and parole officer from pursuing sanctions for nonwilful violations of probation, which include the following: a. An individual on probation’s failure to complete a program when the program refuses to provide services, the program is cost prohibitive, or access to the program is restricted beyond the control of the individual on probation. b. An individual on probation’s failure to follow supervision conditions when the individual on probation’s medical conditions or disability prevent compliance. c. An individual on probation’s failure to report based on factors beyond the individual on probation’s control. (6) Removing the prohibition on a court finding a probation violation occurred based on criminal conduct that the court acquitted the individual on probation of or dismissed the underlying criminal charge for. (7) Removing the repeal of a provision that permits the Department of Correction to deny earned compliance credits to an individual on probation for other categories of offenses that the Department establishes by rules and regulations. The Department is statutorily permitted to deny credits for individuals on probation for a sexual offense, a violent felony, and any offense in the Delaware Code if the probation is imposed to collect restitution at Accountability Level I. (8) Removing the requirement that there be a finding that the individual on probation poses a substantial risk of injury to others or of intentionally failing to appear for a revocation hearing before a court could issue an arrest warrant or the Department could deputize officers to make an arrest. (9) Making clear that outstanding balances owed on the home confinement fee imposed under § 4332(b) of Title 11, which is repealed by this Act, are discharged. (10) Clarifying that the requirement that a court, Board of Parole, or probation and parole officer presumptively impose the least number of conditions, and least restrictive conditions of supervision, possible to achieve the goals of supervision applies only to special conditions of probation. (11) Not including any changes to § 4334 of Title 11 (relating to arrests for violation of conditions of supervision and disposition of those violations) in this Act. (12) Providing for a delay in the effect of this Act. This Act takes effect 180 days after its enactment into law. This Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act updates the Grace Firestone Act to strengthen regulations for member schools regarding sudden cardiac arrest. The Act requires member schools to develop an athletic emergency action plan and have an automated external defibrillator (“AED”) less than 3 minutes from any venue where practices and competitions are held. It further requires all coaches, physical education teachers, referees, health teachers and at least one staff member delivering student behavioral health services or at least one school administrator per school to be trained in cardiopulmonary resuscitation and trained in the use of an automated external defibrillator. The Act requires regular maintenance checks of AED equipment to follow the manufacturer’s guidelines for routine checks. The Act mandates all member schools to establish a cardiac emergency response plan and provide Stop the Bleed training to staff once every year. The Act requires the Department of Education and the Office of Emergency Medical Services to develop a survey that member schools must complete every two years to ensure compliance with these regulations.

This Senate Concurrent Resolution designates the month of June 2024, as "Eating Disorders Awareness and Prevention Month" in Delaware and encourages the Department of Health and Social Services to research methods to raise awareness of, prevent, and treat eating disorders.

This Concurrent Resolution commends the 2024 Delaware Behavioral Health Professional of the Year, Shannon Gronau, and all of the District/Charter Network Behavioral Health Professionals of the Year.

With 60% of U.S. households living paycheck to paycheck, 40% of Americans having less than $300 in savings, 33% of Americans having saved nothing for retirement, 95% of Americans having not saved enough for retirement, and 87% of American teens admitting not understanding their finances, financial literacy education in Delaware high schools is needed. This Act, which may be cited as “The Equity and Inclusion in Financial Literacy for All High School Students in Delaware Act”, requires high schools to provide, at a minimum, a half credit course on financial literacy. And, beginning with students entering grade 9 in the 2025 through 2026 school year, successful completion of the course will be required to obtain a high school diploma. This Act requires the course to include instruction which meets the financial literacy standards for high school students adopted by the Department of Education and on all of the following financial literacy topics: (1) Introduction to behavioral economics, including enabling students to understand the impact of life experiences on personal money management decisions and habits. (2) Enabling students to understand the benefits of disciplined and regular savings to achieve financial goals and the power of compounding returns and interest. (3) Introduction to the why and how of different types of risk assessment and investing strategies that lead to sustainable and long-term financial success and a self-sufficient retirement, including introduction and explanation of the Delaware EARNS Program established under Chapter 38 of Title 19. (4) Enabling students to understand personal budgeting. (5) Enabling students to understand and manage credit and debt, including credit scores; types of credit to include credit cards, auto loans, mortgages, student loans, payday loans, and title loans; the benefits and methods of debt avoidance and repayment; and the rule of 72. (6) Enabling students to understand financial institutions, including banking services, brokerage services, account fees, and the difference between fiduciary and non-fiduciary advisors. (7) Enabling students to understand personal and payroll-related taxes and their impact on disposable income. (8) Enabling students to understand career options, including college vs. trade or technical school and entrepreneurship vs. employment. (9) Enabling students to understand philanthropy. (10) Insurance options.

This Act is a substitute for Senate Bill No. 180. Like Senate Bill No. 180, this Act is the first leg of an amendment to the Delaware Constitution that does all of the following: (1) Under Section 1 of this Act, limits the loss of the right to vote of an individual who is convicted of a felony to the period during which the individual is imprisoned due to the felony, or until the individual is pardoned, whichever comes first. (2) Brings Section 1 of this Act into conformity with the United States Constitution and federal law. Like in Section 1 of Senate Bill No. 180, Section 1 of this Act specifically does all of the following: (1) Removes the ability of the General Assembly to impose the forfeiture of the right of suffrage as a punishment for a crime. (2) Removes the list of felonies resulting in permanent removal of the right to vote. (3) Prohibits making the re-enfranchisement of an individual who is convicted of a felony contingent on the payment of a monetary payment of any kind. (4) Makes a conforming change based on proposed changes in Section 2 of this Act. (5) Updates the age at which a resident of this State is granted a right to vote to be 18 years or older, to conform the Delaware Constitution to the 26th Amendment to the United States Constitution. (6) Removes the durational residency requirements necessary to qualify to vote in this State. Durational residency requirements have been found unconstitutional because these requirements infringe on both the constitutional right to vote and the constitutional right to travel. See Dunn v. Blumstein, 92 S. Ct. 995 (1972) (finding 1-year residency requirement in a state and 3-month residency requirement in a county unconstitutional) and Marston v. Lewis, 93 S. Ct. 1211 (1973). A voter will still be required to be a resident at the time the voter registers. (7) Removes the literacy test requirement to qualify to vote in this State. Literacy tests have been used to disqualify Blacks and individuals who are immigrants or poor. Because of the discriminatory use of, and often subjective nature of, literacy tests, literacy tests are prohibited under federal law, see 52 U.S.C. § 10501, and likely unconstitutional under the 14th or 15th Amendment to the United States Constitution, see Oregon v. Mitchell, 91 S. Ct. 260 (1970). (8) Makes a technical correction to remove an unnecessary comma. Like in Section 2 of Senate Bill No. 180, Section 2 of this Act removes the suspension of the right to vote as a punishment for violation of certain election offenses. This Act differs from Senate Bill No. 180 by removing “work release” from the list of criminal sentences not included in the definition of “imprisonment” for purposes of Section 1 of this Act. 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.

Currently, if a child files an application in Superior Court to have their criminal case transferred to Family Court and the Superior Court denies the application, there is no recourse for appeal until the child’s criminal case is finally adjudicated in Superior Court. In State v. Roberts, Del.Supr. 282 A.2nd 603 (1971) the Delaware Supreme Court stated its jurisdiction, over such appeals by an accused, may only be by operation of law. This Act permits the child to enter a plea of guilty or nolo contendere and appeal an amenability denial to the Delaware Supreme Court within 30 days of being sentenced by the Superior Court. This Act also prohibits any plea being conditioned on waiving this right of appeal. This Act also clarifies that the Superior Court will not retain jurisdiction over the child if the Supreme Court reverses the Superior Court’s Order.