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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.

Children Crime
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 bill was stricken and did not become law, so its effects are hypothetical.

Amendment for Sentence Modification in Compassionate Release

This amendment requires courts to consider additional factors when reviewing requests for sentence modification under compassionate release.

What This Bill Does

  • Adds that when a court looks at changing someone’s sentence because of compassionate reasons, it must also think about why they were sentenced in the first place, including how serious the original crime was and how long the sentence was meant to be.
  • Requires courts reviewing applications for sentence modification from people serving life sentences for Class A felonies to look at their criminal history, behavior while incarcerated, and evidence of potential reoffending.

Who It Names or Affects

  • People who ask for their sentences to be changed because they are sick or have other serious health issues.
  • Courts that decide on these requests.
  • Prisoners serving life sentences for very serious crimes.

Terms To Know

Compassionate release
When someone asks to be let out of prison early because they are sick or have other health problems.
Felony classification
How serious a crime is, like whether it's considered very bad (Class A felony) or less severe.

Limits and Unknowns

  • The bill was stricken in the House on June 26, 2025, so it did not become law.
  • It does not specify what happens if someone disagrees with how a court decides to change a sentence.
  • Doesn't explain who pays for risk assessments or other reviews.

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.