Delaware General Assembly

Signed 6/22/10

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

3/23/10

J. Johnson

Sen. Ennis, Henry, Sorenson, Venables

Reps. Barbieri, Kowalko, Plant, Schooley, Scott

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE CLASSIFICATION OF OFFENSES AND SENTENCES.

This Act authorizes a sentencing court to modify, defer, reduce or suspend a minimum or mandatory sentence of one year of less if it finds the person to be sentenced has serious and ongoing medical treatment needs which make incarceration inappropriate and that the person does not pose a substantial risk to the community. The Department of Corrections has authority (11 Del. C. §4217) to request the modification of an inmate’s sentence based on medical illness or infirmity. This Act would give Delaware’s courts similar authority in imposing sentences, but only where the sentence required is for 1 year or less. Minimum and mandatory sentences for virtually all violent crimes would not be eligible for modification under this Act because the sentences required for such crimes exceed one year.

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Takes effect upon being signed into law

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