WHEREAS, Delaware, like the rest of the nation, faces the enormous challenge of ridding our communities of the illegal drug trade;

WHEREAS, incarceration, while critical in many cases, imposes a huge financial burden on the State and must be utilized in a targeted and precise manner;

WHEREAS, Delaware must strive to utilize and maximize its limited incarceration resources for our most serious violent offenders;

WHEREAS, Delaware enjoys an experienced and very capable judiciary, all of whom have been empowered by the General Assembly to impose just punishment when sentencing persons convicted of crimes;

WHEREAS, increased judicial discretion allows the State to utilize its limited criminal justice resources in a more targeted and effective manner, thus resulting in enhanced public safety;

WHEREAS, Delaware's experienced judiciary is capable of distinguishing between high level drug dealers who seek profit from the illegal and violent drug trade in calculating fashion, from first time offenders acting as couriers or other less serious offenders;

WHEREAS, there remains a strong public policy interest in firmly holding those offenders who sell and distribute illegal drugs accountable;

WHEREAS, the public is most interested in policies and procedures that result in safer neighborhoods and communities;

WHEREAS, public safety is enhanced when offenders, who otherwise return to the community without their addictions addressed, have access to treatment programs with proven results in terms of reducing recidivism;

WHEREAS, public safety is enhanced by a more precise and targeted use of our criminal justice resources;

WHEREAS, the threat of the mandatory time held in abeyance provides significant incentives for offenders to stick with a drug treatment or other regimented program imposed by the Court;

WHEREAS, with this legislation, Delaware's nationally acclaimed and respected judiciary is given the authority to defer imposition of minimum mandatory sentence in certain circumstances for drug offenses, contingent upon the successful completion of a rigorous treatment program and/or successfully fulfilling other conditions deemed appropriate by the Court;

WHEREAS, objective criteria for deferring minimum mandatory sentences under this Act will be established by the Sentencing Accountability Commission, an entity with representatives from the Delaware State Police, the Attorney General's Office, the Judiciary, the Public Defender's Office, the Governor's Office and the Department of Correction; and

WHEREAS, this legislation, if implemented properly, will provide a cost effective and viable alternative to traditional incarceration, while holding offenders accountable via rigorous, mandatory programs that reduce recidivism.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §4753A, Title 16 of the Delaware Code by inserting as new §4753A(f) the following:

"(f) Notwithstanding subsections (a) or (b), or any other law, rule, or regulation to the contrary, the sentencing court may defer imposition of all or part of the minimum mandatory sentence outlined in subsection (a) if the court determines on the record that:

(i) the minimum mandatory sentence would be excessive in light of mitigating circumstances surrounding the case; and

(ii) the defendant agrees that any sentence or portion thereof deferred under this subsection shall be subject to and contingent upon successful completion of a rigorous drug treatment plan, job readiness program or other programs as imposed by the Court. Defendant shall remain at level V until admission to the program(s) imposed by the Court pursuant to this section.

Consistent with the criteria established by the Delaware Sentencing Accountability Commission, the Court shall state, on the record, the reasons for deferring all or part of the minimum mandatory sentence pursuant to this section. In those cases where the sentencing court has deferred imposition of all or part of the minimum mandatory sentence, the sentencing court shall enter a judgment of conviction. Upon receipt of an allegation that the defendant has failed to comply with any conditions set forth by the sentencing court, the offender will be held at level V, without bail, and brought before the sentencing court without any unnecessary delay. Upon a finding that the offender has failed to comply with a material term or condition of the sentence, the court shall at least impose the original minimum mandatory sentence previously deferred pursuant to this section and shall have the discretion to impose the full applicable statutory maximum sentence."

Section 2. Amend §4763, Title 16 of the Delaware Code by inserting a new paragraph (a)(4) to read as follows:

"(a)(4) Notwithstanding §4763(a) above, or any other law, rule, or regulation to the contrary, the sentencing court may defer imposition of all or part of the minimum mandatory sentence outlined in subsection (a) if the court determines on the record that: "(i) the minimum mandatory sentence would be excessive in light of mitigating circumstances surrounding the case; and (ii) the defendant agrees that any sentence or portion thereof deferred under this subsection shall be subject to and contingent upon successful completion of a rigorous drug treatment plan, job readiness program or other programs as imposed by the Court. Defendant shall remain at Level V until admission to the program(s) imposed by the Court pursuant to this section. Consistent with the criteria established by the Delaware Sentencing Accountability Commission, the Court shall state, on the record, the reasons for deferring all or part of the minimum mandatory sentence pursuant to this section. In those cases where the sentencing court has deferred imposition of all or part of the minimum mandatory sentence, the sentencing court shall enter a judgment of conviction. Upon receipt of an allegation that the defendant has failed to comply with any conditions set forth by the sentencing court, the offender will be held at level V, without bail, and brought before the sentencing court without any unnecessary delay. Upon a finding that the offender has failed to comply with a material term or condition of the sentence, the court shall at least impose the original minimum mandatory sentence previously deferred pursuant to this section and shall have the discretion to impose the full applicable statutory maximum sentence."

Section 3. Amend §6581, Title 11 of the Delaware Code by adding new paragraph (c)(5) to read as follows:

"(c)(5) The Commission shall establish detailed, objective criteria for determining the type of mitigating circumstances which may warrant deferment below the minimum mandatory thresholds pursuant to 16 Del.C.§§4753A, 4763(a) as well as the rigorous treatment programs that shall be imposed as a condition of deferment in such cases. The criteria shall be developed within 120 days of enactment of this Act. Although not exhaustive, the objective criteria for deferring the minimum mandatory sentence may include the defendant's lack of any prior criminal record, the defendant's minor role in the offense, the amount of the seized contraband, the defendant's substance and/or mental health treatment needs, the defendant's cooperation with law enforcement, plus any other extraordinary factors involved in any particular case. The Commission's criteria in terms of imposition of programming pursuant to this Act shall be established in close consultation with the Department of Correction. The criteria shall incorporate a system for determining the availability of such programs, as well as objective assessment tools designed to provide the Court the information necessary to determine the efficacy of the particular program for a particular offender including its likelihood for success and its cost effectiveness."

Section 4. Section 1 and Section 2 of this Act shall become effective 90 days after the effective date of the criteria established and promulgated pursuant to Section 3 of this Act. The remainder of the Act shall become effective upon enactment as law.

SPONSOR:	Rep. Van Sant & Rep. DiPinto &
	Rep. B. Ennis & Sen. Sorenson; Reps. Ewing, Fallon, Hudson, Keeley, Quillen; Sens. Simpson, Still