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HB289 • 2025

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO MODIFICATION OF SENTENCES OF INCARCERATION.

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO MODIFICATION OF SENTENCES OF INCARCERATION.

Crime
Passed Legislature

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

Sponsor
Spiegelman
Last action
2026-03-24
Official status
House Corrections 3/5/26
Effective date
Not listed

Plain English Breakdown

The bill status shows 'Passed Legislature' in metadata but also lists a failed motion; final enactment is uncertain based on provided text.

HB289: Excluding Class A Felonies from Sentence Modification

This bill prevents people convicted and sentenced for a class A felony from having their prison sentence modified under Section 4217 of Title 11.

What This Bill Does

  • Amends Section 4217 of Title 11 of the Delaware Code regarding sentence modification.
  • Excludes people convicted and sentenced for a class A felony from having their incarceration sentence modified under this section.

Who It Names or Affects

  • People in Delaware who are convicted and sentenced for a class A felony.
  • Courts handling requests to modify sentences of incarceration at Level V over one year, except for those with class A felonies.

Terms To Know

Class A Felony
A category of crime that this bill specifically excludes from sentence modification under Section 4217.
Sentence Modification
The process where a court reduces the level of custody or time to be served for an incarcerated person.

Limits and Unknowns

  • The official text does not define what specific crimes count as class A felonies.
  • The bill has passed legislative steps but its final status depends on executive action, which is not shown in the source material.
  • A 'Motion to Release Failed' occurred on March 24, 2026, and future actions are unknown.

Bill History

  1. 2026-03-24 Delaware General Assembly

    Motion to Release Failed

  2. 2026-03-05 Delaware General Assembly

    Introduced and Assigned to Corrections Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO MODIFICATION OF SENTENCES OF INCARCERATION.
This bill excludes a person convicted and sentenced for a class A felony from being able to have their sentence of incarceration modified under § 4217 of Title 11.

Current Bill Text

Read the full stored bill text
Legislation Document

SPONSOR:

Rep. Spiegelman & Rep. Carson & Sen. Pettyjohn

Rep. D. Short; Sens. Buckson, Lawson, Wilson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 289

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO MODIFICATION OF SENTENCES OF INCARCERATION.

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

Section 1. Amend § 4217, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4217. Jurisdiction over sentence retained; sentence modification process.

(a) (1) For purposes of this section, “person” means an individual serving an aggregate sentence of incarceration at Level V in excess of 1 year.

(2)

Except for a person convicted of a class A felony, if

If

a court imposes an aggregate sentence of incarceration at Level V in excess of 1 year, the court retains jurisdiction over the person to modify the sentence to reduce the level of custody or time to be served under this section.

(3)

Except for a person convicted and sentenced for a class A felony, a

A

person may apply for a sentence modification under this section if any of the following apply:

SYNOPSIS

This bill excludes a person convicted and sentenced for a class A felony from being able to have their sentence of incarceration modified under § 4217 of Title 11.