Senate Substitute 2 for Senate Bill 4

152nd General Assembly (Present)

Bill Progress

Lieu/Substituted 6/6/24
Adopted in Lieu of original; takes status of original

Bill Details

This Act is a substitute for Senate Bill No. 4, replacing Senate Substitute No. 1 for Senate Bill No. 4. Like Senate Bill No. 4 and Senate Substitute No. 1 for Senate Bill No. 4, this Act modernizes Delaware’s probation system. Specifically, this Act does all of the following: (1) In Section 1 of this Act, adds defined terms and uses the defined terms throughout the Act. (2) In Section 2, requires probation and parole officers to use the least restrictive conditions possible to enhance compliance. (3) In Section 3, makes technical corrections to existing records procedures and requires that an individual denied access to the Department of Correction’s (“Department”) policy and procedure manuals must be provided with the reason for the denial. (4) In Section 4, requires that a condition of probation established by a court, the Department, or the Board of Parole may not involve a greater deprivation of liberty than is necessary to meet the goals of deterrence, protection of the public, and rehabilitation of the individual on probation; prohibits a court, the Department, or the Board of Parole from prohibiting an individual on probation from using or possessing alcohol or drugs, or requiring an individual on probation to be subject to testing for alcohol or drug use, unless the use or possession of alcohol or drugs is reasonably related to the criminogenic needs of the individual; and authorizes the Department to use alternate methods of reporting to a probation and parole officer, such as audiovisual communications. (5) In Section 5, prohibits an individual sentenced to Accountability Level I – Restitution Only from having the individual’s probation level increased based on the individual’s reasonable inability to pay the restitution order. (6) In Section 6, establishes standards of proof for the issuance of warrants for alleged violations and establishment of violations; prohibits incarceration for technical violations, except in certain circumstances and for certain periods of time; requires that any sentence imposed for a technical or non-technical violation be the least restrictive and imposed as a last resort; and requires that sanctions resulting in incarceration must run concurrently and that the individual must be released from custody on expiration of incarceration or the end of the individual’s period of probation, whichever comes first. (7) In Section 7, repeals the fee for a person applying for an interstate transfer of probation under the Interstate Compact for Adult Offender Supervision. (8) In Section 8, requires the Department to provide individuals on probation with a supervision report with credit earned and time remaining on probation. (9) In Sections 9 through 12, removes the requirement that individuals on probation or parole must have permission before getting married. (11) In Section 13, provides that outstanding balances owed by an individual for a service fee imposed under § 4359 of Title 11 of the Delaware Code (repealed by Section 7 of this Act) are discharged. (12) Uses people-first language to refer to an individual on probation throughout this Act. (13) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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Takes effect upon being signed into law

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