BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 4302, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 4302. Definitions.
As used in this chapter:
(6) “Criminogenic needs” means the nature and circumstances of the offense of the individual on probation and the history and characteristics of the individual on probation.
Section 2. Amend § 4321, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4321. Probation and parole officers.
(b)(1) The Department shall furnish to each person released under the supervision of the Department a written statement of the conditions of the person’s probation or parole and shall instruct the person regarding these conditions.
(4) a. A special condition of supervision may be set by orders of the court, Board of
Parole
Parole,
or the probation and parole officer acting under the authority of the court or Board of Parole.
b. Special conditions of supervision imposed by the probation and parole officer
shall
must
be in accordance with Department procedures and may be enforced in the interim period of final review by the court or Board of Parole.
c. The probation and parole officer shall use the least restrictive special conditions possible to enhance the goals of supervision.
Section 3. Amend § 4322, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4322. Protection of records.
(a)
(1)
The presentence report (other than a presentence report prepared for the Superior Court or the Court of Common Pleas),
Except as provided under paragraph (a)(2) of this section, the presentence report,
the preparole report, the supervision
history
history,
and all other case records obtained in the discharge of official duty by any member or employee of the Department shall be privileged and shall
not
only
be disclosed
directly or indirectly to anyone other than the courts as defined in § 4302 of this title,
to the courts,
the Board of Parole, the Board of Pardons, the Attorney General and the Deputies Attorney
General
General,
or others entitled by this chapter to receive
such information; except that the
this information. The
court or Board of Pardons
may, in its discretion,
may
permit the inspection of the report
or other information
or parts
thereof
of the report or other information
by
the offender
an individual who is the subject of the report or other information
or the
offender’s
individual’s
attorney or other persons who in the judgment of the court or Board of Pardons have a proper interest
therein,
in the report or other information,
whenever the best interest of the State or welfare of a particular defendant or person makes
such
the
action desirable or helpful.
No person committed to the Department shall have access to any of said records.
(2)
The
A
presentence
reports
report
prepared for the Superior Court
and
or
the Court of Common Pleas
shall be
is
under the control of
those Courts respectively.
the Court for which the report is prepared.
(b)
(1)
The Commissioner or the Commissioner’s designees may receive and use, for the purpose of aiding in the treatment of rehabilitation of
offenders,
an individual,
the preparole report, the supervision
history
history,
and other Department of Correction case records, provided that
such
the
information or reports remain privileged for any other purpose.
(2) This subsection
shall
does
not apply to the presentence reports of the Superior Court and the Court of Common Pleas which reports shall remain under the control of such Courts.
(c)
No inmate
An individual incarcerated in a correctional facility
may
not
be provided a copy of the Department of Correction Policy and Procedures Manuals, the Bureau of Prisons Policy and Procedures Manuals, the Department of Correction Facilities Operational Procedures, Administrative Regulations, or Post Orders that could jeopardize the safety or security of a correctional facility, corrections staff,
inmates,
individuals incarcerated in a correctional facility,
or the public.
(d) A Department of Correction policy or procedure which, in the judgement of the Commissioner, contains information that could jeopardize the safety or security of a correctional facility, corrections staff,
inmates
individuals incarcerated in a correctional facility,
or the public shall be confidential and subject to disclosure only upon written authority of the Commissioner. For purposes of this subsection, “Department of Correction policy or procedure” includes any policy, procedure, post order, facility operational procedure, or administrative regulation adopted by a bureau, facility, or division of the Department.
(j) A response to a request for a document not disclosed under subsection (c) or (d) of this section must indicate the reasons for the denial, including a statement that the document is not provided under the authority granted to the Department under subsection (c) or (d) of this section. An index, or other compilation, as to each document or part of a document not disclosed is not required.
Section 4. Amend § 4332, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4332. Conditions of probation or suspension of sentence; house arrest for
offenders.
an individual.
(a) The Department may adopt standards concerning the conditions of probation or suspension of sentence which the court may use in a given case. The standard conditions
shall
apply in the absence of any other specific or inconsistent conditions imposed by the court
under this subsection
. The presentence report may recommend conditions to be imposed by the court. Nothing in this chapter
shall limit
limits
the authority of the court to impose or modify any
general or specific
standard or special
conditions of probation or suspension of sentence. The Department may recommend and, by order, the court may impose and may at any time order modification of any conditions of probation or suspension of sentence. Before any conditions are modified, a report by the Department
shall
must
be presented to and considered by the court. The court shall cause a copy of any order to be delivered to the Department and to the
probationer.
individual on probation.
(1) A court, Board of Parole, or probation and parole officer shall presumptively impose the least number of special conditions, and least restrictive special conditions of supervision,
possible to achieve the goals of supervision.
a. A special condition imposed may not be more restrictive than reasonably necessary to meet the goals of deterrence, protection of the public, and rehabilitation of the individual on probation.
Before imposing a special condition, the court, Board of Parole, or probation and parole officer must consider whether the special condition is more restrictive than reasonably necessary to accomplish the goals of this paragraph (a)(1)a.
b. A special condition must be reasonably related to the criminogenic needs of the individual on probation.
c. For each special condition imposed, the court, Board of Parole, or probation and parole officer must state the reasonable relation to the criminogenic needs of the individual on probation.
d. Before imposing a special condition, the court, Board of Parole, or probation and parole officer must consider whether fewer special conditions or less restrictive special conditions do not accomplish the goals under this paragraph (a)(1).
(2) Except as provided by other law of this State, the court, Board of Parole, or probation and parole officer may not impose a special condition of supervision with which the individual on probation cannot reasonably comply.
Except as provided by other law of this State, b
efore imposing a special condition, the court, Board of Parole, or probation and parole officer must consider if the individual on probation has the necessary resources and ability to comply with the special condition.
(3) The Board of Parole or probation and parole officer shall ensure that reporting requirements are as minimally-intrusive as possible to address criminogenic needs and enhance the goals of supervision, and may provide an individual on probation with alternative reporting options, including the option of reporting remotely, when appropriate.
a. A probation and parole officer must set times and locations for reporting that are required for an individual on probation at times and locations that are reasonably designed to accommodate the verifiable work schedule of an individual on probation, as well as considerations related to education, childcare, healthcare, and transportation availability.
b. A probation and parole officer may utilize audio and visual communications, or audio-only communication, in lieu of requiring a face-to-face in-person reporting for an individual on probation
.
c. A probation and parole officer may allow verifiable attendance at required programs to substitute for in-person reporting with a probation and parole officer.
(4) If a program is a requirement of supervision, the Board of Parole or probation and parole officer must facilitate a referral into the program.
a. If a required program is not available, the totality of the circumstances must be considered by the court if a violation of probation is filed.
b. If the sentencing court determines on the record that the Board of Parole or probation and parole officer did not reasonably facilitate an individual on probation’s referral into the program, a longer period of probation or suspension of sentence is prohibited.
c. The Department is not required to contract for or create a program that is a requirement of supervision.
(5) Before pursuing sanctions up to and including revocation for an alleged violation of probation, the probation and parole officer shall make reasonable efforts to inquire into why an individual on probation failed to abide by a condition, including by affirmatively attempting to re-engage an individual on probation who fails to report before deeming the individual on probation to have violated the individual on probation’s conditions of supervision. The probation and parole officer shall make all efforts to connect the individual on probation with needed services and resources before pursuing sanctions against the individual on probation.
(b) The Department may adopt standards governing any program of house arrest for
offenders.
individuals.
The presentence report may recommend conditions to be imposed by the court. In addition to any conditions imposed by the Department or by the court, each program involving house arrest for
offenders,
individuals,
regardless of the official or unofficial name of the program, shall include
a reasonable monthly payment by each offender participating in the program,
clear and consistent
incentives for compliance with conditions and graduated
sanctions when a participant in the program violates any of the conditions, and the ownership or leasing of all equipment by the
Department of Correction.
Department.
(c) The Department
is authorized to
may
use
offender
electronic monitoring systems and any new or emerging
offender
monitoring technology that will assist in the supervision of
offenders
an individual
placed on house
arrest.
arrest, as reasonably necessary. A probation and parole officer may utilize audio and visual communications, or audio-only communication, in lieu of requiring a face-to-face in-person reporting for an individual placed on house arrest.
(d) The Department
is authorized to
may
supervise
offenders
an individual placed
on house arrest without the use of any specific electronic equipment,
so long as
if
sufficient and reasonable methods for ensuring compliance with the terms of house arrest are employed.
Section 5. Amend § 4333, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4333. Period of probation or suspension of sentence; termination.
(b) The length of any period of probation or suspension of sentence
shall be limited to:
is limited to the following:
(1) Two years, for any violent felony in this title as designated in § 4201(c) of this
title;
title.
(2) Eighteen months, for any offense set forth in Title
16; or
16.
(3) One year, for any offense not otherwise specified in paragraph (b)(1) or (2) of this section.
(c) Any
offender
individual
who is serving more than 1 sentence imposed following convictions in more than 1 case
shall
must
not serve a consecutive period of probation or suspension of sentence that is in excess of the limitations imposed by subsection (b) of this section. Any sentence of probation or suspension of
sentence (
sentence,
or any portion
thereof)
thereof,
which, if served consecutively to another such sentence, would result in an aggregate sentence of probation or suspension of sentence in excess of the limitations imposed by subsection (b) of this
section shall be
section, is
deemed to be concurrent to
such
the
other sentence.
The provisions of this
This
subsection
shall
does
not apply to a sentence imposed for a conviction involving an offense committed while the
offender
individual
was serving a period of probation or suspension of sentence.
(d) The limitations set forth in subsections (b) and (c) of this section
shall not apply:
do not apply to any of the following:
(1)
To any
Any
sentence imposed for a conviction of any
sex offense
sexual offense,
as defined in § 761 of this
title
title,
if the sentencing court determines on the record that a longer period of probation or suspension of sentence will
substantially
reduce the likelihood that the
offender
individual
will commit a
sex
sexual
offense or other violent offense in the
future;
future.
(2)
To any
Any
sentence imposed for any violent felony in this title as designated by § 4201(c) of this
title
title,
if the sentencing court determines on the record that public safety will be enhanced by a longer period of probation or suspension of
sentence; or
sentence.
(3)
To any
Any
sentence imposed for any offense set forth in the Delaware
Code
Code,
if the sentencing court determines on the record that a longer period of probation or suspension of sentence is necessary to ensure the collection of any restitution
ordered, except that any
ordered.
a. Any
period of probation ordered
pursuant to
under
this paragraph
(d)(3)
that is in excess of the limitations
set forth in
under
subsections (b) and (c) of this section
shall
must
be served at Accountability Level I — Restitution Only
pursuant to
under
the terms of § 4204(c)(10) of this title.
b. An individual sentenced to Accountability Level I – Restitution Only may not have the individual’s probation level increased based on the individual’s reasonable inability to pay the restitution ordered.
(e) The limitations set forth in
subsection
subsections
(b) and (c) of this section may be exceeded by up to 90 days by the sentencing court if
it
the sentencing court
determines that
the defendant
an individual
has not yet completed a substance abuse treatment program ordered by the court, provided, that each extension of sentence ordered
pursuant to
under
this subsection
shall
must
be preceded by a hearing, and by a finding on the
record, that such
record of all of the following:
(1) The
extension of sentence is necessary to facilitate the completion of the substance abuse treatment
program.
program.
(2) The probation and parole officer made reasonable efforts to refer the individual to the appropriate program.
(3) Less-restrictive measures do not facilitate completion of the program.
Section 6. Amend § 4359, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4359. Short
title; Service fee.
title.
This subchapter may be cited as the Interstate Compact for Adult Offender Supervision.
Any probationee who applies under this Compact for interstate transfer into or from the State of Delaware shall pay to the Department of Correction a service fee of $50 to defray costs under the Compact.
Section 7. Amend § 4383, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4383. Earned compliance credit for probation.
(a) Any periods of probation sentenced to or released to probation on or after August 8, 2012, may be reduced by earned compliance credit under the provisions of this chapter and rules and regulations adopted by the
Department of Correction.
Department.
(b)
(1)
Persons under supervision may earn up to 30 days of credit for 30 days of compliance with conditions of
supervision, not to exceed
1
/
2
of their probationary period.
supervision.
(2)
Earned compliance credit
will be
is
forfeited
upon
on
conviction of a new crime and may be forfeited
upon
on
revocation of probation.
(c) For any
offender
individual
released on or after August 8, 2012, a period of conditional release
shall
must
be served concurrently with the probationary period.
(d) Earned compliance credit
shall not be available to reduce any period of probation
does not apply to any period of probation imposed for any of the following:
(1)
Imposed for any
A
sexual offense as defined in § 761 of this
title; or
title.
(2)
Imposed for any
A
violent felony in this title as designated by § 4201(c) of this
title; or
title.
(3)
Imposed for any
An
offense set forth in the Delaware
Code
Code,
if the period of probation is imposed to ensure the collection of any restitution ordered and the individual is sentenced to Accountability Level I—Restitution
Only; or
Only.
(4) Imposed for such other categories of offenses as set forth in the rules and regulations adopted by the Department of Correction.
(e)
If an individual on probation is eligible to receive earned compliance credits, the Department shall notify the individual in writing that the individual is eligible to receive earned compliance credits. The Department shall notify an individual on probation of the individual’s earned compliance credit eligibility date when the Department calculates the date.
Section 8. Amend § 101, Title 13 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 101. Void and voidable marriages.
(b) A marriage is prohibited, and is void from the time its nullity is declared by a court of competent jurisdiction at the instance of the innocent party, if either party thereto is:
(7)
On probation or parole from any court or institution, unless such person first files with the clerk of the peace to whom such person makes application for a marriage license a written consent to such person’s proposed marriage from the chief officer of such court or institution or from someone who is appointed by such officer to give such consent, and unless in other respects the applicant may lawfully marry.
[Repealed.]
Section 9. Amend § 111, Title 13 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 111. Establishing validity of papers submitted by applicants; filing and inspection.
Clerks of the peace shall examine and satisfy themselves of the validity of papers submitted to them by divorced
persons,
persons and
past or present patients of Delaware Psychiatric Center or other designated psychiatric treatment facilities as defined in § 5001 of Title 16,
and persons on probation or parole
and shall file such papers in the office of the recorder of the appropriate county. Such papers shall constitute a part of the application for marriage license, but shall be open to inspection of the public only upon order of the Resident Judge of the proper county or such person as the Judge may appoint to give such orders.
Section 10. Amend § 113, Title 13 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 113. Supplies of marriage licenses, books and other forms; form.
(d)
In the case of an adult person who is on probation or parole from any court or institution, the chief officer of such court or institution, or such person as such officer may appoint to give consent to marry, shall supply such consent in whatever form such officer deems advisable to such applicants for marriage license as such officer believes may properly marry.
[Repealed.]
Section 11. Amend § 122, Title 13 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 122. Marriage license application.
(a) The marriage license application shall be in the form prescribed and provided by the Department of Health and Social Services and shall be permanently preserved by the issuing officer in the manner as prescribed by the Department of Health and Social Services. The marriage license application shall include the following information and such other information as prescribed by the Department of Health and Social Services: date of application, full name, sex, Social Security number, birth date and occupation of applicants, names and addresses of parents of applicants, date and place of previous marriages, civil unions, domestic partnerships or other substantially similar legal unions, and termination of previous marriages, civil unions, domestic partnerships or other substantially similar legal unions,
place and court where applicants are on probation or parole, if such they be,
and time of application.
Section 12. As of the effective date of this Act, any outstanding balances owed by an individual for a service fee imposed under § 4332(b) of Title 11 of the Delaware Code (repealed by Section 4 of this Act) or § 4359 of Title 11 of the Delaware Code (repealed by Section 6 of this Act), including any fee, costs, interest, or other charge assessed on a service fee imposed under § 4332(b) of Title 11 of the Delaware Code (repealed by Section 4 of this Act) or § 4359 of Title 11 of the Delaware Code (repealed by Section 6 of this Act), are discharged.
Section 13. This Act takes effect 180 days after its enactment into law.
