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SS1FORSB8 • 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
Senate Finance 6/11/25
Effective date
Not listed

Plain English Breakdown

The exact consequences for violating new probation rules are not specified in the provided source material.

Act Amending Probation Rules in Delaware

This act changes the rules for people on probation in Delaware by adding new requirements about firearms, controlled substances, and curfews.

What This Bill Does

  • Adds a rule that individuals prohibited under § 1448 of Title 11 may not own, possess, or be in control of a firearm or deadly weapon while they are on probation.
  • Requires people on probation to follow rules about not possessing or consuming controlled substances and allows them to be tested for controlled substance use.
  • Makes it clear that individuals on probation must comply with a curfew established by their probation officer.

Who It Names or Affects

  • People who are on probation in Delaware.

Terms To Know

Probation
A punishment where someone is allowed to stay out of jail but must follow certain rules set by the court.
Curfew
A rule that says when a person has to be at home or in bed, usually used as part of probation rules.

Limits and Unknowns

  • The bill does not specify what happens if someone on probation breaks these new rules.
  • It is unclear how the changes will affect people who are already on probation when this act goes into effect.

Bill History

  1. 2025-06-11 Delaware General Assembly

    Adopted in lieu of the original bill SB 8, and Assigned to Finance Committee in Senate

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROBATION AND SENTENCING PROCEDURES.
This Act is a substitute for Senate Bill No. 8. Like Senate Bill No. 8, this Act codifies the standard conditions of probation to be used by the courts and the Department of Correction. This Act differs from Senate Bill No. 8 by doing all of the following:
(1) Making clear that an individual on probation who is a person prohibited under § 1448 of Title 11 of the Delaware Code may not own, possess, or be in control of a firearm or deadly weapon.
(2) Making a technical correction.
(3) Adding additional standard conditions requiring the individual on probation to not possess or consume a controlled substance, to be subject to testing for a controlled substance, and to comply with a curfew established by the individual’s probation and parole officer.

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 SUBSTITUTE NO. 1

FOR

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 a person prohibited under § 1448 of this title, the individual on probation may not own, possess, or be in control of a firearm or deadly weapon. 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, the Board of Parole, or the individual’s probation and parole officer.

h. Unless lawfully prescribed, the individual on probation must not possess or consume a controlled substance. The individual on probation is subject to testing for a controlled substance. As used in this paragraph (a)(1)h., “controlled substance” means as defined in § 4701 of Title 16.

i. The individual on probation shall comply with a curfew established by 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 is a substitute for Senate Bill No. 8. Like Senate Bill No. 8, this Act codifies the standard conditions of probation to be used by the courts and the Department of Correction. This Act differs from Senate Bill No. 8 by doing all of the following:

(1) Making clear that an individual on probation who is a person prohibited under § 1448 of Title 11 of the Delaware Code may not own, possess, or be in control of a firearm or deadly weapon.

(2) Making a technical correction.

(3) Adding additional standard conditions requiring the individual on probation to not possess or consume a controlled substance, to be subject to testing for a controlled substance, and to comply with a curfew established by the individual’s probation and parole officer.

Author: Senator Pinkney