Delaware General Assembly

PWB 5/9/24

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

SS 2 for SB 4

5/9/24

Pinkney

This Amendment does all of the following: (1) Replaces “serious physical injury” with “physical injury” throughout the Act. (2) Continues the process of updating the Delaware Code to use people-first language to refer to an individual on probation or otherwise involved in the criminal justice system. (3) Removes vague language regarding “other dangerous drugs” in favor of “controlled substances”, a term with a meaning in Titles 11 and 16. (4) Permits a court, Board of Parole, or probation and parole office to require an individual on probation to submit to a one-time, baseline alcohol or drug test. (5) Makes clear that revocation of probation for technical violations of probation is not permitted, except for those technical violations under § 4334(h)(1) of Title 11. (6) Corrects a drafting error to revert § 4334(d)(1) of Title 11 to as a drafted in Senate Substitute No. 1 for Senate Bill No. 4. (7) Makes clear that a court may impose a sentence of incarceration for a technical violation if the technical violation is for the use or possession of alcohol or controlled substances, unless prescribed lawfully, in violation of a condition to abstain from the use or possession of alcohol or controlled substances that was imposed due to the criminogenic needs of the individual on probation. This is consistent with the court’s ability under § 4332(a)(3) of Title 11 to impose such a condition only if it is reasonably related to the criminogenic needs of the individual on probation. (8) Makes clear that an individual on probation may leave the individual on probation’s residence during curfew hours for time-sensitive healthcare needs of the individual on probation or a dependent of the individual on probation. (9) Removes the failure to report a problem with a home confinement equipment from the list of technical violations for which a court may impose a sentence of incarceration. (10) Add additional technical violations for which a court may impose a sentence of incarceration. Specifically, (a) wilful noncompliance with alcohol, drug, or other treatment ordered by a court and (b) wilful failure to charge an electronic monitoring system or wilful failure to comply with an electronic monitoring system. (11) Removes the requirement that if a period of incarceration is imposed, the individual on probation must be released from custody on expiration of the period of incarceration or the end of the individual on probation’s period of probation, whichever occurs first.

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