Delaware General Assembly

Signed 8/8/12

The General Assembly has ended, the current status is the final status.

5/16/12

Blevins

Sen. Sorenson
Reps. M. Smith, Lavelle

Sen. Bushweller, Sokola
Reps. Barbieri, Carson, Heffernan, Hudson, Keeley, Miro, B. Short, D. Short, Willis

AN ACT TO AMEND TITLE 11 RELATING TO PRE-TRIAL RELEASE ON BAIL OR RECOGNIZANCE, CRIMINAL SENTENCING, SENTENCE CALCULATION, REHABILITATION, PROBATION SUPERVISION AND DATA COLLECTION.

This Act implements the recommendations of the Justice Reinvestment Task Force created by Executive Order No. 27. The Act promotes informed decision-making in the criminal justice system by institutionalizing the use of evidenced-based practices in decisions concerning bail, rehabilitation and probation supervision and helps ensure scarce resources are focused on higher-risk offenders. The Task Force recommends the use of a pretrial risk assessment tool to inform release decisions. The Act provides for implementation of an objective assessment instrument that gauges defendants’ risk of flight and re-arrest to help magistrates make informed about the terms or conditions of pre-trial release. The instrument would incorporate elements to ensure the safety of victims of domestic and sexual violence. In addition, the Act requires the Statistical Analysis Center to provide magistrates with data on rates of re-arrest and failures to appear for a scheduled court date. This would create a track record for release decisions, helping to improve future decision-making. The Task Force recommends holding offenders accountable. The Act provides that court-ordered investigations should include use of an objective risk and needs assessment tool by the Department of Correction, which would be required to create a case plan for higher risk individuals. The Act also amends when the Department of Correction can reclassify offenders sentenced to Supervision Levels I, II, or III upon administration of an objective risk and need assessment instrument. The Act clarifies that the Department of Correction may use home confinement to resolve technical and minor violations of probation or supervision. The Act clarifies that upon release from Level V incarceration, the offender shall be deemed to have served the entire period of incarceration and shall be supervised in the community if the sentence requires. To incentivize completion of evidence-based programs that reduce recidivism, offenders may reduce time served by up to 60 days per year if programs are completed successfully. Offenders under community supervision may earn credit for successful compliance with conditions of probation. The Task Force recommends the use of evidence-based programs and assessment tools to direct resources toward programs that improve outcomes. The Act provides that the Department of Correction will use a risk assessment instrument for case planning and will use evidence-based programs to reduce offender risk. Further, the Act directs the Department of Correction to evaluate the availability of community-based programs that reduce risk of re-offense. The Statistical Analysis Center shall annually produce a recidivism report of one-year two-year and three-year rates of re-arrest, reconviction and recommitment of released offender cohorts. This Act is not intended to create a private right of action.

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Takes effect upon being signed into law

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