Sen. Blevins & Sen. Sorenson, & Rep. M. Smith, & Rep. Lavelle
Sens. Bushweller & Sokola;
Reps. Barbieri, Carson, Heffernan, Hudson, Keeley, Miro, B. Short, D. Short & Willis
SENATE BILL NO. 226
AS AMENDED BY
SENATE AMENDMENT NO. 1
Section 1. Amend § 2104, Title 11 of the Delaware Code by making insertions as shown by underlining as follows:
§ 2104. Release on bail or recognizance of persons charged with any other crime.
(a) Any person who is arrested and charged with any crime other than a capital crime shall be released either:
(1) On the person's own recognizance or
(2) Upon the execution of an unsecured personal appearance bond of the accused in an amount specified by the court or
(3) Upon the execution of a secured appearance bond, the amount of the bond and the nature of the surety to be determined by the court.
The court may also impose 1 or more of the conditions of release set forth in § 2108 of this title. The determination of whether the accused shall be released under paragraph (a)(1), (a)(2) or (a)(3) of this section above and the conditions of the release shall be in the discretion of the court subject to this chapter. In making a release determination, or imposing conditions set forth in §2108 of this title, the court shall employ an objective risk assessment instrument to gauge the person’s risk of flight and re-arrest. The risk assessment instrument shall be responsive to the needs of victims of domestic violence and sexual assault. The Statistical Analysis Center shall provide the court with a report of rates of re-arrest and failure to appear as required by persons released by the court. Use of the objective risk assessment instrument shall commence by December 31, 2013.
(b) If the accused has furnished surety, the court shall, at that time, review conditions and may impose any conditions as are set forth in § 2108 of this title before the accused is released, including specific consideration for the safety of the victim and the community.
(c) Any person who is arrested and thereafter released from custody pursuant to this chapter, and who subsequently:
(1) Tenders to the Superior Court a plea of guilty or nolo contendre to any felony for which a mandatory, minimum, minimum mandatory or mandatory minimum period of incarceration is required; or
(2) Is convicted upon a verdict of guilty of any felony for which a mandatory, minimum, minimum mandatory or mandatory minimum period of incarceration is required, shall immediately be remanded to the custody of the Department of Correction, and shall be incarcerated in lieu of bail until the sentence for said felony is imposed. The provisions of this subsection shall not apply to pleas or convictions for any felony set forth in Title 21.
Section 2. Amend § 4321(b)(2) of Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strikethrough as follows:
(2) The officers,
under the supervision of the Department, shall
prepare an evaluation and
plan of treatment aimed at the alleviation of those conditions which brought
about the criminal behavior of each person in the officer's charge, and shall
attempt in each case to effect a satisfactory adjustment between the individual
and the individual's needs and the demands of society. evaluate each person
in their charge under Supervision Accountability Level II, III or IV, using an
objective risk and needs assessment instrument and shall create a case plan for
those persons assessed to be moderate- to high-risk that targets the need
factors identified by the assessment.
The Department shall make efforts to provide treatment and services
responsive to the person’s needs and characteristics. Use of the objective risk assessment
instrument and associated case plans shall commence by December 31, 2013.
Section 3. Amend § 4321, Title 11 of the Delaware Code by creating a new subsection (g) therein and making insertions as shown by underlining as follows:
(g) The Department shall undertake an assessment of the availability of community resources to meet the treatment and rehabilitation needs of the supervised population every three years and endeavor to develop and support programs in accordance with identified needs. The first three-year report shall be completed by December 31, 2013.
Section 4. Amend § 4331(b), Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strikethrough as follows:
(b) Whenever an
investigation by the Investigative Services Office is ordered by the court, the
Investigative Services Office should inquire promptly into such things as the
circumstances of the offense, the motivation of the offender, the criminal
record, social history, behavior pattern and present condition of the offender.
report of the presentence investigation should include administration
of an evaluation of the offender's criminal conduct objective
risk and needs assessment instrument, and should note wherein the judicial
alternatives of the court and appropriate conditions of supervision may
play a role in the rehabilitation of the offender as a law-abiding citizen. All
local and state agencies shall make available to the Investigative Services Office
such records as the Investigative Services Office may request. The
investigation should include physical and mental examination of the offender,
when, in the opinion of the court, it is desirable. As soon as practicable or
as ordered by the court, the presentence report shall be forwarded to the
sentencing judge of the court in each case.
Section 5. Amend § 4333(i) of Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strikethrough as follows:
Notwithstanding any law,
rule or regulation to the contrary, t The Department shall have the
authority without leave of the court to reclassify any offender serving a
sentenced to of probation at Accountability Levels I, II or III,
between said levels as deemed necessary and appropriate by the
Department, provided that at least 60 days has elapsed from the date on which
such sentence was originally imposed, and provided that the Department
shall first evaluate the offender using an objective classification tool
designed to assist in the determination of the appropriate level of probation.
Offenders shall be reevaluated and reclassified periodically as the Department
deems necessary and appropriate.
Section 6. Amend §4334 (d), Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strikethrough as follows:
(d) Notwithstanding any
provision of subsection (c) of this section or any other law, rule or
regulation to the contrary, the Department is authorized to administratively
resolve technical and minor violations of the conditions of probation or
supervision at Accountability Levels I, II, III or IV when a sanction less
restrictive than Level V is being sought by the Department as a result of the
violation, and is further authorized to administratively resolve technical and
minor violations of conditions of probation 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
., or on home confinement for a period of not more than
10 days consecutively, and not more than 20 days per calendar year. The Department
shall adopt written procedures providing for administrative review for all
cases in which an offender is placed at Level IV or home confinement
pursuant to this subsection. All administrative dispositions imposed pursuant
to this subsection shall be documented in the offender's record and shall be
made available to the court in the event of 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. 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. The Department shall develop guidelines for
probation officers to assist them in providing consistent and appropriate
responses to compliance and violations of the conditions of probation or supervision.
For the purposes of this
subsection, the limits pertaining to the use of Level IV as administrative
sanction for technical and minor violations of Level I, II or III shall not
apply to the use of home confinement for such purposes.
Section 7. Amend § 4348, Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strikethrough as follows:
person having served that person's term or terms in incarceration, less such
merit and good behavior credits as have been earned, shall, upon release, be
deemed as released on
parole Only persons who have been committed for 1
year or more shall be deemed to be released on parole, provided, the Department
by general rule may lower said period of time.
Return of violator of parole
or conditional release
“(a) At any time during release
or conditional release under parole the Board or any member thereof
may issue a warrant for the arrest of a released person for violation of any of
the conditions of release, or a notice to appear to answer to a charge of
violation. Such notice shall be served personally upon the person. The warrant
shall authorize any officer authorized to serve process in this State to return
the person to the actual custody of the correctional facility from which the
person was released, or to any other suitable detention facility designated by
the Board or Department. When, in the judgment of the Commissioner or of any
probation and parole officer, there has been a violation of the conditions of
release, the Commissioner or the probation and parole officer may arrest such
parolee or releasee or releasee
(b) After making an arrest the Department shall present to the detaining authorities a statement of the circumstances of violation. Pending hearing, as hereinafter provided, upon any charge of violation, the person shall remain incarcerated in the institution.
(c) Upon such arrest and detention, the Department shall immediately notify the Board and shall submit a report showing in what manner the person had violated the conditions of release. The Board shall cause the person to be brought promptly before it for a hearing on the violation charge, under such rules and regulations as the Board may adopt.
(d) If the violation is
established by the hearing, the Board may continue or revoke the parole
(e) A person for whose return a warrant has been issued by the Board shall, if it is found that the warrant cannot be served, be deemed to be a fugitive from justice or to have fled from justice.
(f) If it shall appear that the person has violated the provisions of the person's release, the Board shall determine whether the time from the issuing of the warrant to the date of the person's arrest, or any part of it, shall be counted as time under the sentence.
(g) Any person who commits a
crime while at large on parole
or conditional release
Section 9. Amend § 4381(d), Title 11 of the Delaware Code by making insertions as shown by underlining as follows:
(d) "Good time" may be earned by participation in education, rehabilitation, work, or other programs as designated by the Commissioner. Good time may be awarded for satisfactory participation in approved programs at a rate of up to 5 days per calendar month. Up to 60 days of additional good time may be awarded for successful completion of an approved program designed to reduce recidivism.
Section 10. Amend § 4381(e), Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown as strikethrough as follows:
(e) No more than a total of
160 days of "good time" may be earned in any 1 year consisting
of 365 days actually served.
Section 11. Amend § 4383, Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown as strikethrough as follows:
§§ 4383, 4384 [Reserved].
§ 4383. Earned Compliance Credit for Probation.
(a) Subject to the limitations set forth in § 4333(d) of this title, periods of probation may be reduced by earned compliance credit under the provisions of this chapter and rules and regulations adopted by the Commissioner of Corrections.
(b) Persons under supervision may earn up to 30 days of credit for 30 days of compliance with conditions of supervision, not to exceed half of their probationary period.
Earned compliance credit will be forfeited upon conviction of a new crime and may be forfeited upon revocation of probation.
(c) A period of conditional release shall be served concurrently with the probationary period.
Section 12. Amend §4384, Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
Section 13. Amend §4392(a), Title 11 of the Delaware Code by making insertions as shown by underlining as follows:
offender sentenced to supervision Level I, II or III is not eligible for house
arrest placement unless specifically ordered by the sentencing judge
or as a result of administrative detention under § 4334(d) of this title.
Section 14. Amend § 6531(a), Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strikethrough as follows:
(a) Persons committed to the institutional care of the Department shall be dealt with humanely, with effort directed to their rehabilitation. To the maximum extent possible, the Department shall evaluate each person using an objective risk and needs assessment instrument and shall create a case plan for those persons assessed to be moderate- to high-risk that targets the need factors identified by the assessment. The Department shall prioritize the provision of such evaluations according to the length of sentence and the severity of the conduct giving rise to the sentence of incarceration. The Department shall make efforts to provide treatment and services responsive to the person’s needs and characteristics. Use of the objective risk assessment instrument shall commence by December 31, 2013.
Section 15. Amend § 6531, Title 11 of the Delaware Code by creating a new subsection (g) therein and making insertions as shown by underlining as follows:
(g) The Department shall undertake an assessment of its ability to meet treatment and rehabilitation needs of the confined population every three years and endeavor to provide programs in accordance with identified needs. The first report shall be completed by December 31, 2012.
Section 16. Amend § 8903, Title 11 of the Delaware Code by making insertions as shown by underlining and renumbering the following subsections as follows:
In pursuit of its mission, the Statistical Analysis Center shall have the following powers, duties and functions:
(1) Generate statistical and analytical products concerning crime and the criminal justice system in the State;
(2) Provide statistical and analytical services from available information upon request;
(3) Provide technical assistance in the identification of sources, collection, analysis, interpretation and dissemination of criminal justice statistics to state and local governmental agencies;
(4) Identify, collect, analyze and disseminate statistics regarding the resources expended on criminal justice in the State;
(5) Promote the orderly development of criminal justice information and statistical systems within the State;
(6) Maintain a state-level capability for providing state and local governments with access to federal resources in criminal justice statistical information in cooperation with the U.S. Department of Justice,
(7) Serve as the clearinghouse and point of contact for the U.S. Department of Justice and for state agencies, local government agencies, the courts, and appropriate nongovernmental organizations;
(8) Direct or participate in the research design for the analysis of crime or criminal justice issues for the State; and
(9) Conduct research
and provide analyses as required to determine the impact proposed policy
changes may have on the criminal justice system
(10) Submit annually to the Governor, Chief Justice, President Pro Tem of the Senate, and the Speaker of the House a report examining one-year, two-year, and three-year rates of re-arrest, reconviction, and recommitment of released offender cohorts. The first report shall be submitted by July 31, 2013.
Section 17. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.
Section 18. Amend § 4331(c), Title 11 of the Delaware Code, by making insertions as shown by underlining and deletions as shown by strikethrough as follows:
(c) The Investigative Services Office may conduct any additional investigations or perform any other investigative tasks, with the preparation of appropriate reports, as may be desirable to facilitate the appropriate sentencing of an offender or other court proceedings. In order to facilitate the appropriate sentencing of any offender or for any other court proceedings, the Investigative Services Office may be ordered by the court to administer an objective risk and needs assessment instrument and prepare an appropriate report thereof for the court.