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HA2TOSS1FORSB10 • 2025

This Amendment clarifies that in addressing a motion for sentence modification under compassionate release, the court must consider the underlying circumstances and nature of the offense, the felony classification of the offense, and the length of the underlying sentence in addition to the other requirements contained in Senate Substitute No.

This Amendment clarifies that in addressing a motion for sentence modification under compassionate release, the court must consider the underlying circumstances and nature of the offense, the felony classification of the offense, and the length of the underlying sentence in addition to the other requirements contained in Senate Substitute No.

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Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Minor-Brown
Last action
2025-06-26
Official status
Stricken 6/26/25
Effective date
Not listed

Plain English Breakdown

The official text does not define 'Compassionate Release' or 'Class A Felony,' so the definitions provided are general legal concepts rather than specific bill language.

Amendment on Court Review for Compassionate Release

This amendment requires courts to consider specific details about crimes and criminal history when deciding whether to reduce sentences under compassionate release rules.

What This Bill Does

  • Requires courts to consider the nature of the crime, its felony class, and the original sentence length for all compassionate release requests.
  • Mandates a detailed review of prior arrests and convictions for people serving life sentences for Class A felonies.
  • Orders courts to examine how applicants behaved while in prison before making a decision on their case if they are serving a life sentence for a Class A felony.
  • Requires evidence about the chance an applicant will commit another crime if released, including a recent risk assessment report, but only for people serving life sentences for Class A felonies.
  • Directs judges to state clearly on the official record why they granted or denied each application from someone serving a life sentence for a Class A felony.

Who It Names or Affects

  • Courts handling motions for sentence modification under compassionate release
  • People serving life sentences for Class A felonies who apply for early release

Terms To Know

Compassionate Release
A legal process that allows a court to reduce a prison sentence based on special circumstances.
Class A Felony
The most serious category of criminal offenses under state law, often punishable by life in prison.

Limits and Unknowns

  • The bill was stricken in the House on June 26, 2025, so it did not become law.
  • No effective date is listed because the legislation was removed before final approval.
  • This text only describes changes to Senate Substitute No. 1 for Senate Bill No. 10 and does not include other parts of that bill.

Bill History

  1. 2025-06-26 Delaware General Assembly

    Stricken in House

Official Summary Text

This Amendment clarifies that in addressing a motion for sentence modification under compassionate release, the court must consider the underlying circumstances and nature of the offense, the felony classification of the offense, and the length of the underlying sentence in addition to the other requirements contained in Senate Substitute No. 1 to Senate Bill No. 10. This Amendment also requires that the court’s review of an application for for sentence modification filed by a person serving a life sentence for a Class A felony include a review of the applicant’s prior criminal history, including arrests and convictions, a review of the applicant’s conduct while incarcerated, and available evidence as to the likelihood that the applicant will reoffend if released, including a formal, recent risk assessment.

Current Bill Text

Read the full stored bill text
Legislation Document

SPONSOR:

Rep. Minor-Brown

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 2

TO

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 10

AMEND Senate Substitute No. 1 for Senate Bill No. 10 on line 46 by deleting "

modification

" as it appears therein and inserting in lieu thereof "

modification, including the underlying circumstances and nature of the offense, the felony classification of the offense, the length of the underlying sentence,

".

FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 10 by inserting after line 59 and before line 60 the following:

“d. For an application for a sentence modification filed by a person serving a life sentence for a Class A felony, the court’s review must include a review of the applicant’s prior criminal history, including arrests and convictions, a review of the applicant’s conduct while incarcerated, and available evidence as to the likelihood that the applicant will reoffend if released, including a formal, recent risk assessment. The court shall articulate on the record the results of its review and its rationale for granting or denying the application.

”.

SYNOPSIS

This Amendment clarifies that in addressing a motion for sentence modification under compassionate release, the court must consider the underlying circumstances and nature of the offense, the felony classification of the offense, and the length of the underlying sentence in addition to the other requirements contained in Senate Substitute No. 1 to Senate Bill No. 10. This Amendment also requires that the court’s review of an application for for sentence modification filed by a person serving a life sentence for a Class A felony include a review of the applicant’s prior criminal history, including arrests and convictions, a review of the applicant’s conduct while incarcerated, and available evidence as to the likelihood that the applicant will reoffend if released, including a formal, recent risk assessment.