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) “Crime of conviction” means a crime for which an individual pled guilty or has been found guilty and for which the individual is sentenced to probation.
(17) “Serious physical injury” means as defined under § 222 of this title.
(18) “Wilful” or “wilfully” means knowingly and without either good faith efforts or reasonable excuse.
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.
(3) The officers shall keep informed of the conduct and condition of persons in their charge, shall aid them to secure employment, shall exercise supervision over them, shall see that they are in compliance with and fulfill the conditions of their
release
release,
and shall use all suitable methods to aid and encourage them to bring about improvement in their conduct and conditions and to meet their probation or parole obligations.
The officers shall use the least restrictive conditions possible to enhance the goals of supervision,
and should impose incarceration only as a last resort and only when a new crime has been committed.
(4) a.
A
Subject to paragraphs (b)(4)a.1. and (b)(4)a.2. of this section, 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.
1. The court, Board of Parole, or probation and parole officer shall presumptively impose the least number of conditions, and least restrictive conditions of supervision, possible.
A. A condition imposed may not be more restrictive than reasonably necessary to meet the goals of deterrence, protection of the public, and rehabilitation of the person released under supervision of the Department.
B. A condition must be reasonably related to the crime of conviction of the person.
C. For each condition imposed, the court, Board of Parole, or probation and parole officer must state the reasonable relation to the person’s crime of conviction.
D. Before imposing a condition, the court, Board of Parole, or probation and parole officer must find that fewer conditions or less restrictive conditions of supervision do not accomplish the goals under paragraph (b)(4)a.1.A. of this section.
2. The court, Board of Parole, or probation and parole officer may not impose a standard or special condition of supervision with which the person cannot reasonably comply.
Before imposing a condition, the court, Board of Parole, or probation and parole officer must determine if the person has the necessary resources and ability to comply with the condition.
b. Special conditions of supervision imposed by the probation and parole officer shall be in accordance with Department procedures and may be enforced in the interim period of final review by the court or Board of Parole.
(e) Probation and parole officers may be tasked to participate in joint operations with federal authorities while in the performance of the lawful duties of their employment. Any contraband,
property and/or
property, or
money seized in the course of
such
joint operations
shall
must
be apportioned in accordance with federal distribution guidelines. Any distribution to probation and parole shall become the property of the Department of Correction, Bureau of Community Corrections. Any proceeds from the disposal of such property
shall
must
be used for the purchase of security equipment and technology necessary for the support of the employees of the Bureau.
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 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, the offender or the offender’s attorney,
or others entitled by this chapter to receive
such information; except that the
the information. The
court or Board of Pardons
may, in its discretion,
may
permit the inspection of
the report or parts thereof by the offender or the offender’s attorney or
the information by
other persons who in the judgment of the court or Board of Pardons have a proper interest
therein,
in the 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
are
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, 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 may 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, or the public.
[Repealed.]
(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 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.
[Repealed.]
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.
(a)
The
Subject to this subsection, 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
condition to not commit a new crime during probation applies
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 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 conditions, and least restrictive conditions of supervision, possible.
a. A 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.
b. A condition must be reasonably related to the crime of conviction of the individual on probation.
c. For each condition imposed, the court, Board of Parole, or probation and parole officer must state the reasonable relation to the individual on probation’s crime of conviction.
d. Before imposing a condition, the court, Board of Parole, or probation and parole officer must find that fewer conditions or less restrictive conditions do not accomplish the goals under paragraph (a)(1)a. of this section.
(2) The court, Board of Parole, or probation and parole officer may not impose a standard or special condition of supervision with which the individual on probation cannot reasonably comply.
Before imposing a condition, the court, Board of Parole, or probation and parole officer must determine if the individual on probation has the necessary resources and ability to comply with the condition.
(3) A court, Board of Parole, or probation and parole officer may not prohibit an individual on probation from using or possessing alcohol or drugs, or require 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 individual on probation’s crime of conviction.
(4) A court, Board of Parole, or probation and parole officer shall ensure that reporting requirements are as minimally-intrusive as possible, and shall provide an individual on probation with the option of reporting remotely as much as possible.
a. A probation and parole officer must set times and locations for meetings that are required for individuals on probation at times and locations that are reasonably designed to accommodate the 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 meeting for individuals on probation
.
c. A probation and parole officer may allow attendance at required programs to substitute for in-person check-ins with a probation and parole officer.
(5) If a program is a requirement of supervision, a court, Board of Parole, or probation and parole officer must facilitate acceptance into the program and ensure that the program is available in the county which the individual on probation resides. If the sentencing court determines on the record that the court, Board of Parole, or probation and parole officer did not reasonably facilitate an individual on probation’s acceptance into a program, a longer period of probation or suspension of sentence is prohibited.
(6) Before pursuing sanctions up to and including revocation for an alleged violation of probation, the probation and parole officer shall inquire into why an individual on probation failed to abide by a condition, including by affirmatively attempting to contact 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 for failure to report or absconding. 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.
(7) A probation and parole officer may not pursue sanctions up to and including revocation for any of the following:
a. Conduct that is not wilful.
b. Failure to complete a program when the program refuses to provide services or the program is cost-prohibitive or access to the program is restricted beyond the control of the individual on probation.
c. Failure to follow supervision conditions when the individual on probation’s mental health or medical conditions prevent compliance.
d. Failure to report, or leave a certain area, based on factors beyond the individual on probation’s control, including transportation.
e. Failure to comply with an overbroad condition.
(b)
The
Subject to the requirements of paragraph (a)(1) of this section, 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
graduated incentives and
sanctions
short of incarceration
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)
(1)
The
Subject to paragraph (c)(2) of this section, 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
individuals
placed on house arrest.
(2) The Department should presumptively supervise individuals on house arrest without the use of electronic monitoring. A court or the Department may only impose electronic monitoring on making a factual finding by clear and convincing evidence that all of the following apply:
a. Imposition of alternative, less-restrictive conditions do not suffice because the
individual on house arrest
poses a demonstrated risk of harming another person or wilfully absconding from supervision, or electronic monitoring would advance the
individual on house arrest
’s rehabilitation.
b. Electronic monitoring does suffice to achieve the ends under paragraph (c)(2)a. of this section.
(3) Under paragraph (c)(2) of this section, a factual finding by the court must be made on the record and a factual finding by the Department must be recorded in writing and shared with the individual on probation.
(d)
The Department is authorized to supervise offenders on house arrest without the use of any specific electronic equipment, so long as sufficient and reasonable methods for ensuring compliance with the terms of house arrest are employed.
[Repealed.]
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.
(a) The period of probation or suspension of sentence shall be fixed by the court subject to the provisions of this section. Any probation or suspension of sentence may be terminated by the court at any time and upon such termination or upon termination by expiration of the term, an order to this effect shall be entered by the court.
(b) The length of any period of probation or suspension of sentence
shall be limited to:
is limited to the following:
(1)
Two years,
One year,
for any violent felony in this title as designated in § 4201(c) of this
title;
title.
(2)
Eighteen months,
Nine months,
for any offense set forth in Title
16; or
16.
(3)
One year,
Six months,
for any offense not otherwise specified in paragraph (b)(1) or (2) of this section.
(c) Any offender who is serving more than 1 sentence imposed following convictions in
the same case or in
more than 1 case
shall
may
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 subsection
shall
do
not apply to a sentence imposed for a conviction involving an offense committed while the offender 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
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 reduce the likelihood that the offender will commit a sex 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 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 is the least-restrictive means of substantially reducing the likelihood the offender will commit an offense that causes serious physical injury to another person.
(3)
To any sentence imposed for any offense set forth in the Delaware 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 period of probation ordered pursuant to this paragraph that is in excess of the limitations set forth in subsections (b) and (c) of this section shall be served at Accountability Level I — Restitution Only pursuant to the terms of § 4204(c)(10) of this title.
[Repealed.]
(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 determines that the defendant 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 good faith efforts in aiding the defendant in enrolling in the program.
(3) Less-restrictive measures do not facilitate completion of the program.
Section 6. Amend § 4334, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4334. Arrest for violation of conditions; subsequent disposition.
(a)
(1)
The court may issue a warrant for the arrest of
a probationer
an individual on probation
for
a non-technical
violation of
any of the conditions of
probation or suspension of
sentence, or
sentence on a finding of probable cause that the individual on probation poses a substantial risk of causing serious physical injury to another person or wilfully absconding from the revocation of probation proceeding.
(2) In all other instances, the court may issue to an individual on probation
a notice to appear to answer to a charge of violation.
(3)
Such
The
notice
shall
must
be personally served
upon the probationer.
on the individual on probation.
The warrant
shall
must
authorize officers to return the
probationer
individual on probation
to the custody of the court or to the Department.
(b)
(1)
The Commissioner, or any probation officer, when
in the Commissioner’s or probation officer’s judgment there has been a violation of any condition
the Commissioner or probation officer has probable cause to believe an individual on probation committed a non-technical violation
of probation or suspension of
sentence,
sentence and probable cause that the individual on probation poses a substantial risk of causing serious physical injury to another person or wilfully absconding from the revocation of probation hearing,
may arrest
such probationer
the individual on probation
without a warrant, or may deputize any other officer with power of arrest to do so by giving that officer a written statement setting forth
that the probationer has, in the judgment of the Commissioner or probation officer, violated the conditions of probation or suspended sentence.
the evidence of probable cause of the non-technical violation and substantial risk of causing serious physical injury to another person or wilfully absconding from the revocation of probation proceeding.
(2)
The written statement delivered with the
probationer
individual on probation
by the arresting officer to the official in charge of the place of detention
shall be
is
sufficient warrant for the detention of the
probationer.
individual on probation.
(3)
When an arrest is made by a probation officer, the Department shall present to the detaining authority a written statement of the circumstances of
the non-technical
violation.
(4)
Provisions regarding release on bail of persons charged with crime
shall be
are
applicable to the
probationers
individuals
arrested under these provisions.
(c)
(1)
Upon such
On
arrest and
detention,
detention of an individual on probation,
the Department shall immediately notify the court and shall submit in writing a report showing in what manner the
probationer
the individual on probation
has violated the conditions of probation or suspension of
sentence.
sentence and the evidence of probable cause of substantial risk of causing serious physical injury to another person or wilfully absconding from the revocation of probation proceeding.
(2)
Thereupon, or
upon
on
arrest by warrant
as provided in
under
subsection (b) of this section, the court shall cause the
probationer
individual on probation
to be brought before
it
the court
without unnecessary delay, for a hearing on the violation charge.
(3)
The hearing
on the violation charge
may be informal or summary.
(4) The standard of proof for the establishment of a violation of probation is clear and convincing evidence that the individual on probation has wilfully violated a condition of supervision in an important respect to the alleged probation violation. Conduct that formed the basis of an arrest may not form a basis of an established violation of probation if a court has adjudicated the matter with an acquittal or dismissal.
(5)
If the violation is established, the court may continue or revoke the probation or suspension of sentence, and may require the
probation violator
individual who violated probation
to serve the sentence imposed, or any lesser sentence, and, if imposition of sentence was suspended, may impose any sentence which might originally have been imposed.
(d)
(1)
Notwithstanding any provision of subsection (c) of this section or any other law,
rule
rule,
or regulation to the contrary, the Department
is authorized to
may do all of the following:
a.
administratively
Administratively
resolve technical
and minor
violations of the conditions of probation or supervision at Accountability Levels I, II,
III
III,
or IV when a sanction less restrictive than Level V is being sought by the Department as a result of the
violation,
violation.
b.
and is further authorized to administratively
Administratively
resolve technical
and minor
violations of conditions of probation
or supervision
at Accountability Levels I, II, III, or IV by placing the probationer at Accountability Level IV for a period of not more than 5 days consecutively, and not more than 10 days in any 1 calendar year, or on home confinement for a period of not more than 10 days consecutively, and not more than 20 days per calendar year.
(2)
The Department shall adopt written procedures providing for administrative review for all cases in which an
offender
individual on probation
is placed at Level IV or home confinement pursuant to this subsection.
(3)
All administrative dispositions imposed
pursuant to
under
this subsection
shall
must
be documented in the
offender’s
individual on probation’s
record and
shall
must
be made available to the court
in the event of
if
a subsequent violation which is considered by the court.
For the purposes of this subsection, the term “technical and minor violations of the conditions of probation or supervision” shall not include arrests or convictions for new criminal offenses.
(4)
Under this section, the purpose of home confinement is to reduce the number of persons held at Level V and Level IV facilities by substituting home confinement when appropriate.
(5)
The Department shall develop guidelines for probation
and parole
officers to assist them in providing consistent and appropriate responses to compliance and violations of the conditions of probation or supervision.
(e)
A probationer
An individual on probation
for whose return a warrant cannot be
served, shall be
served is
deemed a fugitive from justice or to have fled from justice. If it
shall appear that probationer
appears the individual on probation
has violated probation or suspended sentence, the court shall determine whether the time from issuing of the warrant to the date of the
probationer’s
individual on probation’s
arrest, or any part of it,
shall
is to
be counted as time served on probation or suspended sentence.
(f) The Justice of the Peace Court
shall have
has
jurisdiction over violations of probation where
such
the
probation or suspension of sentence was pursuant to an order of the Justice of the Peace Court.
(g) As used in this section, “technical violation” means any breach by an individual on probation of any condition of probation imposed by the court or the Department, other than for the arrest or conviction of a new criminal offense in violation of state or federal law.
(h) An individual on probation may not be detained for an alleged technical violation and a court may not impose a period of incarceration for a technical violation.
(i) For a sentence imposed for a technical or non-technical violation, a court shall impose the least restrictive sanction.
(j) Any periods of incarceration imposed under this section run concurrently if more than 1 violation is established. 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.
Section 7. 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 8. 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 forfeited upon conviction of a new crime and may be forfeited upon revocation of probation.
Earned compliance credit may be withheld or revoked for the 30-day period commencing from the date of violative behavior as established at a revocation hearing, or for the period during which a person under supervision absconded from supervision, as established at a revocation hearing.
(3) Earned time credits may not be earned and must be suspended as follows:
a. During a period of incarceration imposed for any established violation.
b. During the period in which the person under supervision has absconded.
c. Pending the outcome of a revocation hearing.
(4) If at a revocation hearing there is not a finding of a wilful violation of a condition of release in an important respect or a violation is not established at the revocation hearing, the person under supervision is deemed to have been in compliance with the terms of release and must be awarded earned time credits from the period in which the accrual was suspended. If a violation is established, the calculation of an earned time credit period recommences on the thirty-first day after the date of the violative behavior or, if the established violation or conviction resulted in a term of reincarceration, on the day the person is restored to supervision, whichever is later.
(c) For any offender 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:
(1) Imposed for any sexual offense as defined in § 761 of this title; or
(2) Imposed for any violent felony in this title as designated by § 4201(c) of this title; or
(3) Imposed for any offense set forth in the Delaware 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
(4) Imposed for such other categories of offenses as set forth in the rules and regulations adopted by the Department of Correction.
[Repealed.]
(e)(1) At least every 90 days from the first date of a person’s release to supervision, and every 90 days thereafter, the Department shall provide each person under supervision a report indicating all of the following:
a. The total earned time credits received.
b. The total earned time credits received in the prior 90 days.
c. The total earned time credits withheld.
d. The total earned time credits withheld in the prior 180 days.
e. The total amount of time reduced from the person under supervision’s sentence.
f. The person’s earliest release date based on the amount of earned time credits received.
(2) The Department shall provide the report in written or electronic form.
Section 9. 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 10. 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 11. 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 12. 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 13. Amend § 10002, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 10002. Definitions.
(o) “Public record” is information of any kind, owned, made, used, retained, received, produced, composed, drafted or otherwise compiled or collected, by any public body, relating in any way to public business, or in any way of public interest, or in any way related to public purposes, regardless of the physical form or characteristic by which such information is stored, recorded or reproduced. For purposes of this chapter, the following records shall not be deemed public:
(13)
Any records in the possession of the Department of Correction where disclosure is sought by an inmate in
the Department’s custody;
[Repealed.]
