Sen. Jack Walsh

This Resolution recognizes World Preeclampsia Day on May 22, 2022.

This Concurrent Resolution recognizes the contributions of the Delta Sigma Theta Sorority chapters in the State of Delaware and declares May 17, 2022, to be “Delta Day at the Delaware Capital.”

This Act creates the Office of Corrections Ombudsperson (Ombudsperson or Office) within the Department of Justice. The purpose of the Ombudsperson is to do all of the following: 1. Provide information to inmates and their families. 2. Promote public awareness and understanding of the rights and responsibilities of inmates. 3. Identify systemic problems and recommend solutions. 4. Ensure compliance with relevant laws, rules, and policies pertaining to correction facilities, services, and treatment of inmates. Under this Act, the Ombudsperson may investigate and attempt to resolve any situation if the health, safety, welfare, or a right of an inmate of the Department of Correction (Department) may be adversely affected by any of the following: 1. Abuse or neglect. 2. A Department decision or administrative action. 3. A Department inaction or omission. 4. A Department policy, rule, or procedure. 5. A violation of law. The Ombudsperson may not investigate a complaint relating to an inmate’s underlying criminal conviction or complaints from employees that relate to their employment relationship with the Department, unless the complaint is directly related to the health, safety, welfare, or a right of an inmate. An individual may file a complaint with the Ombudsperson whether or not the individual pursued resolution of the complaint through the internal grievance, administrative, or appellate procedures within the Department. The Ombudsperson shall treat all matters under investigation, including the identities of recipients of Ombudsperson services, complainants, and individuals from whom information is acquired, as confidential, except as far as disclosures may be necessary to enable the Ombudsperson to perform the duties of the Office and to support any recommendations resulting from an investigation. To the extent the Ombudsperson reasonably believes necessary, the Ombudsperson may reveal information obtained in the course of providing Ombudsperson services for any of the following purposes: 1. To prevent reasonably certain death or substantial bodily harm. 2. To prevent the commission of a crime. 3. To report an alleged commission of a crime to the appropriate law-enforcement agency. At the conclusion of an investigation of each complaint, the Ombudsperson must issue a public decision on the merits of the complaint, but the public decision must not contain documents that are confidential, including personnel matters. Before announcing a conclusion or recommendation that expressly, or by implication, criticizes an employee of the Department or the Department, the Ombudsperson shall consult with the Department, and as appropriate, that individual or contractor. While the Law-Enforcement Officers’ Bill of Rights (LEOBOR) does not cover correctional officers or employees of the Department, this Act provides that if a provision of this subchapter conflicts with LEOBOR, the requirements of this subchapter apply. The Ombudsperson may request to be notified by the Department, within a time specified, of any action taken on any recommendation presented. The Ombudsperson must notify the complainant, and the inmate if the inmate is not the complainant, of the actions taken by the Department in response to the Ombudsperson’s recommendations. This Act provides that a Department employee may not be subject to disciplinary action based solely on an investigation under this subchapter if the individual’s conduct was in compliance with Department policies and procedures at the time of the conduct. This Act also requires that the Ombudsperson produce an annual report that contains all of the following: 1. The number of complaints received and the number of complaints resolved. 2. A description of significant systemic or individual investigations or outcomes achieved by the Ombudsperson during the prior year. 3. Any outstanding or unresolved concerns or recommendations of the Ombudsperson. 4. Input and comments from stakeholders, including the Council on Correction, regarding the Ombudsperson’s activities during the prior year.

This resolution designates the month of May as "National Nurses Month" in Delaware.

This Resolution expresses the General Assembly's strong support for the Delaware State University Women’s Lacrosse Team, and condemns the actions of the Liberty County Sheriff’s Office in Hinesville, Georgia against the Women’s Lacrosse Team. The Resolution further urges the Governor and General Assembly of Georgia to condemn the actions of the Liberty County Sheriff’s Office, and to take measures to hold those responsible accountable, including providing training and instituting a policy against profiling based on race, ethnicity, religion, or gender.

This Act, known as the James Johnson Sentencing Accountability Act, named for Representative JJ Johnson, makes significant changes to sentencing accountability in Delaware. Section 1. This section repeals the provisions of Title 11 that created the Sentencing Accountability Commission. Section 2. This section establishes the Delaware Sentencing Accounting and Guidelines Commission. This Act places the Commission within the Criminal Justice Council to give the Commission the staff and support it needs to effect its purpose. The Commission has 11 voting members, many of whom are already represented on the current sentencing commission. There are also 6 non-voting ex-officio members which include all entities in the criminal justice system. The Commission must meet at least 6 times a year and 6 members constitute a quorum. The Commission shall hire an executive director and additional personnel that are necessary to fulfill the responsibilities of the Commission. During the first 2 years, the Commission must review the existing sentencing guidelines and statutory penalties for each criminal offense and promulgate new sentencing guidelines. The sentencing guidelines shall be the presumption in the sentencing of offenders. The guidelines will provide for a range of incarceration terms that are sufficiently narrow and proportionate to the crime. The guidelines shall also set forth a nonexclusive list of aggravating and mitigating factors. The guidelines will also provide bases for a departure from the presumptive sentence. The goal of the guidelines is to encourage judges to individualize sentencing decisions. By December 1, 2024, the Commission must submit to the General Assembly, the Governor, and the Chief Justice a report of its activities for the first 2 years. This report shall include sentencing guidelines which must first be submitted to the Chief Justice, and then to the General Assembly for final approval by joint resolution. Thereafter, beginning on January 1, 2026, and every 2 years thereafter, the Commission shall submit a biannual report including any revisions to the sentencing guidelines to the Governor, the Chief Justice, the Speaker of the House and President Pro Tempore. The revisions will take effect and have the force and effect of law as of July 1 following submission, unless the General Assembly shall by joint resolution reject the report in its entirety within 30 days following the commencement of its session. The Commission will also develop, in conjunction with the Department of Correction, a community corrections strategy which will consider the existing community corrections programs within the State, the number of offenders, the level or resources, and the effectiveness of community corrections. The Commission will also work with the Department of Correction to develop a correctional-population model to project the future impact on the criminal justice system including the courts and Department of Correction. The Commission’s continuing responsibilities include revising the sentencing guidelines as needed, preparing a yearly correctional-population projection, data collection that tracks criminal cases through the court system and, investigating the existence of possible inequities and the corrections systems across population groups, such as groups defined by race, gender ethnicity and geographic location. Every 5 years, the Commission shall perform an omnibus review of the sentencing system. Section 3. This section provides that until sentencing guidelines are in effect under this Act, the current sentencing guidelines will remain in effect. Section 4. This Act is known as the “James Johnson Sentencing Accountability Act”.

This Act removes the exemption for private schools and youth camps that allows them to use a name, rather than fingerprint, based background check or to choose not to do background checks at all for employees, contractors, or volunteers. The Act also provides that when the federal “rap back system” becomes available, the SBI may provide subsequent federal criminal history information for individuals who have had a background check performed. This Act also authorizes the Superintendent of State Police to promulgate regulations relating to re-use of a criminal background check. Authority is given to Department of Education to pay the costs of background checks for its employees. This bill also adds clarifications for when the Department of Education is the employer. This Act also corrects existing typos in § 309 of Title 31 and makes clarifying changes to the processing of background checks when the Department of Education is the employer.

This Senate Concurrent Resolution recognizes May 12, 2022, as Delaware Local Government Day in the State of Delaware.

This resolution proclaims May 2022 "Cystic Fibrosis Awareness Month" in the State of Delaware.

This Senate Concurrent Resolution recognizes May 2022 as "Older Americans Month" in the State of Delaware.