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

Plain English Breakdown

The official source material does not provide information on how this change might affect people who are currently asking for their sentences to be changed.

Changes to Sentence Modification Rules

This bill changes a previous law about how people can get their prison sentences changed by allowing the Department of Correction to decide if it needs rules for this process or not.

What This Bill Does

• Changes a part of Delaware's laws that deals with changing prison sentences.
• Allows the Department of Correction to choose whether it needs special rules to follow when changing sentences, instead of being required to make these rules.

Who It Names or Affects

• The Department of Correction in Delaware
• People who are already in prison and want to ask for a sentence modification

Terms To Know

Department of Correction

A government agency that runs prisons and manages the care of people who have been sentenced to time in jail.

Sentence Modification

When a judge or other official changes the length or conditions of someone's prison sentence after it has already started.

Limits and Unknowns

• The bill does not say what will happen if the Department decides not to make any rules.
• This bill was stricken in the Senate, meaning it did not become a law.

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO MODIFICATION OF SENTENCES OF INCARCERATION.
Last session, the General Assembly enacted the Richard "Mouse" Smith Compassionate Release Act (Senate Substitute No. 1 for Senate Bill No. 10), which revised the process for sentence modifications.

This Act makes a change to that Act. Specifically, Senate Substitute No. 1 for Senate Bill No. 10 required the Department of Correction ("Department") to adopt regulations to implement the revised sentence modification process. The Department does not believe regulations are necessary for the Department to successfully implement the revised sentence modification process. Therefore, this Act authorizes the Department to adopt regulations, rather than requires it.

Current Bill Text

Legislation Document

SPONSOR:

Sen. Townsend & Rep. Minor-Brown

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 221

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 [Effective Jan. 10, 2026].

(h) The Department

shall

may

adopt regulations to implement this section. The Department may not impose additional restrictions, exclusions, or eligibility requirements for persons seeking sentence modification under this section.

SYNOPSIS

Last session, the General Assembly enacted the Richard "Mouse" Smith Compassionate Release Act (Senate Substitute No. 1 for Senate Bill No. 10), which revised the process for sentence modifications.

This Act makes a change to that Act. Specifically, Senate Substitute No. 1 for Senate Bill No. 10 required the Department of Correction ("Department") to adopt regulations to implement the revised sentence modification process. The Department does not believe regulations are necessary for the Department to successfully implement the revised sentence modification process. Therefore, this Act authorizes the Department to adopt regulations, rather than requires it.

Author: Senator Townsend