Delaware General Assembly

Lieu/Substituted 6/3/03

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

HS 1 for HB 35

1/28/03

VanSant

Reps. Ennis, Ewing, Fallon, Hudson, Keeley, Quillen
Sen. F Simpson, Still, Sorenson

AN ACT TO AMEND TITLE 16 AND TITLE 11 OF THE DELAWARE CODE RELATING TO DRUG OFFENSES.

This bill provides the sentencing court with the flexibility to defer the minimum mandatory penalties in certain drug cases. Under this bill, the minimum mandatory penalties will remain in full force and effect, unless the court deems that such penalties are excessive, in light of certain mitigating circumstances, and that an effective mandatory treatment program is a more effective use of limited resources. If the court deems it appropriate to defer the minimum mandatory thresholds, the sentence is deferred contingent upon a defendant successfully completing a rigorous substance abuse or other specified program as designated by the Court. No defendant will be released from Level V pursuant to this legislation, unless the program ordered by the Court is immediately available and has accepted the defendant for treatment. If the defendant fails to comply with the sentence as imposed by the Court pursuant to this legislation, the Court is required to impose the full minimum mandatory sentence previously deferred and has discretion to impose the full statutory maximum sentence. The bill also requires Sentencing Accountability Commission whose current membership includes representatives from the Delaware State Police, the Attorney General's Office, the Department of Correction, the Governor's Office, the Judiciary and the Public Defender to establish objective criteria in terms of which cases are appropriate for deferring imposition of the minimum mandatory sentence, as well as the required rigorous treatment programs that must be successfully completed.

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Takes effect upon being signed into law

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