AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF CORRECTION'S REGULATORY AUTHORITY RELATED TO MODIFICATION OF SENTENCES OF INCARCERATION.

Plain English Breakdown

The official source does not provide information about when the act will take effect, leaving this detail uncertain.

Act Changing Rules for Sentence Modifications

This act changes a previous law by allowing instead of requiring the Delaware Department of Correction to make rules about how sentence modifications are handled.

What This Bill Does

• Changes a rule that previously required the Department of Correction to create regulations for modifying sentences.
• Now allows, but does not require, the Department to create these regulations.

Who It Names or Affects

• The Delaware Department of Correction
• People serving sentences in Delaware who might seek sentence modifications

Terms To Know

Department of Correction

A state agency responsible for managing prisons and overseeing the rehabilitation of inmates.

Sentence modification

Changing the terms or conditions of a prison sentence, such as early release under certain circumstances.

Limits and Unknowns

• Does not specify when the changes will take effect.
• The Department's decision on whether to create regulations is left up to their discretion.

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF CORRECTION'S REGULATORY AUTHORITY RELATED 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. Harris & Rep. Minor-Brown

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 224

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF CORRECTION'S REGULATORY AUTHORITY RELATED 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.

(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