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SB8 • 2025

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROBATION AND SENTENCING PROCEDURES.

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROBATION AND SENTENCING PROCEDURES.

Crime Firearms
Passed Legislature

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

Sponsor
Pinkney
Last action
2025-06-11
Official status
Lieu/Substituted 6/11/25
Effective date
Not listed

Plain English Breakdown

The official source does not provide details about the consequences for violating probation conditions.

Act for Standard Probation Conditions

The act establishes standard rules that people on probation must follow in Delaware.

What This Bill Does

  • Codifies a list of basic conditions that everyone on probation must adhere to unless the court specifies otherwise.
  • Requires individuals on probation to report new arrests or convictions within three days.
  • Necessitates permission from their officer before leaving the state or owning firearms, if not prohibited by other laws.
  • Allows courts and the Department of Correction to impose additional specific conditions.

Who It Names or Affects

  • People who are on probation in Delaware
  • Courts that issue sentences
  • Department of Correction

Terms To Know

Probation
A punishment where someone is allowed to stay in the community instead of going to jail, but must follow certain rules.

Limits and Unknowns

  • The act does not specify consequences for violating probation conditions.
  • It remains unclear how courts will determine when to impose additional specific conditions beyond the standard ones.

Bill History

  1. 2025-06-11 Delaware General Assembly

    Assigned to Finance Committee in Senate

  2. 2025-06-11 Delaware General Assembly

    Substituted in Senate by SS 1 for SB 8

  3. 2025-05-21 Delaware General Assembly

    Reported Out of Committee (Executive) in Senate with 2 Favorable, 2 On Its Merits

  4. 2025-05-15 Delaware General Assembly

    Introduced and Assigned to Executive Committee in Senate

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROBATION AND SENTENCING PROCEDURES.
This Act codifies the standard conditions of probation to be used by the courts and the Department of Correction.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Sen. Pinkney & Sen. Townsend & Rep. Romer & Rep. Bush & Rep. Lambert & Rep. Morrison

Sens. Huxtable, Lockman, Seigfried, Sokola, Sturgeon; Reps. Bolden, Gorman, Neal, Phillips, Snyder-Hall, Wilson-Anton

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 8

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROBATION AND SENTENCING PROCEDURES.

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

Section 1. Amend § 4332, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4332. Conditions of probation or suspension of sentence; house arrest for offenders.

(a)

(1)

The Department may adopt standards concerning the conditions of probation or suspension of sentence which the court may use in a given case.

Except as provided under § 4204(c)(10) of this title, the standard conditions of probation or suspension of sentence that apply to an individual on probation are as follows:

a. The individual on probation may not commit a new criminal offense or motor vehicle offense not subject to voluntary assessment under § 709 of Title 21 during the supervision period.

b. The individual on probation shall report any new arrest, conviction, or police contact within 72 hours to the individual on probation’s probation and parole officer.

c. The individual on probation shall report to the individual’s probation and parole officer at such times and places as directed and permit the probation and parole officer to enter the individual’s home and visit the individual’s place of employment.

d. The individual on probation must have authorization from the individual’s probation and parole officer to leave this State or the individual’s approved state of residence.

e. The individual on probation shall report any changes of residence or employment within 72 hours to the individual’s probation and parole officer.

f. If the individual on probation is not a person prohibited under § 1448 of this title, the individual on probation must have written approval from the individual’s probation and parole officer to own, possess, or be in control of any firearm or deadly weapon.

g. The individual on probation shall comply with any special conditions imposed at any time by the court, Board of Parole, or the individual’s probation and parole officer.

(2)

The standard conditions

shall

apply in the absence of any other specific or inconsistent conditions imposed by the court

under this subsection

.

(3)

The presentence report may recommend conditions to be imposed by the court.

(4)

Nothing in this chapter

shall limit

limits

the authority of the court to impose or modify any

general or specific

standard or special

conditions of probation or suspension of sentence.

(5)

The Department may recommend and, by order, the court may impose and may at any time order modification of any conditions of probation or suspension of sentence. Before any conditions are modified, a report by the Department

shall

must

be presented to and considered by the court.

(6)

The court shall cause a copy of any order to be delivered to the Department and to the

probationer.

individual on probation.

Section 2. This Act takes effect 180 days after the Act’s enactment into law.

SYNOPSIS

This Act codifies the standard conditions of probation to be used by the courts and the Department of Correction.

Author: Senator Pinkney