Bill Text: DE SB4 | 2023-2024 | 152nd General Assembly | Draft
Bill Title: An Act To Amend Title 11, Title 13, And Title 29 Of The Delaware Code Relating To The Criminal Justice System, Including Probation.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Introduced) 2024-05-09 - Amendment SA 1 to SS 2 - Introduced and Placed With Bill [SB4 Detail]
Download: Delaware-2023-SB4-Draft.html
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SPONSOR: |
Sen. Pinkney & Sen. Townsend & Rep. Minor-Brown & Rep. Morrison & Rep. Lambert & Rep. Dorsey Walker |
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Sens. Gay, Huxtable, Lockman, S. McBride, Sokola, Sturgeon; Reps. Baumbach, Bolden, Bush, Lynn, Neal, Phillips, Romer, Wilson-Anton |
DELAWARE STATE SENATE
152nd GENERAL ASSEMBLY
SENATE SUBSTITUTE NO. 2
FOR
SENATE BILL NO. 4
AN ACT TO AMEND TITLE 11, TITLE 13, AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE CRIMINAL JUSTICE SYSTEM, INCLUDING PROBATION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 4302, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
(1) “Absconding” means intentionally avoiding supervision by failing to maintain contact or communication with the individual’s probation officer, and reasonable efforts by the probation officer to re-engage the individual have been unsuccessful.
(6) “Criminogenic needs” means the nature and circumstances of the offense of the individual on probation and the history and characteristics of the individual on probation.
(10) “Non-technical violation” means all of the following:
a. The arrest or conviction of an individual on probation for a new felony or misdemeanor offense in violation of state or federal law, other than for a violation of Title 21 that is punishable as an unclassified misdemeanor.
b. Absconding.
c. Violating a judicially imposed no contact order.
d. The ownership, possession, or control of a firearm or deadly weapon, as the terms are defined under § 222 of this title, without the approval of the individual on probation’s probation and parole officer.
(17) “Serious physical injury” means as defined under § 222 of this title.
(18) “Technical violation” means any breach by an individual on probation of any condition of probation imposed by the court or the Department, other than for conduct that constitutes a non-technical violation.
(19) “Wilful violation” means an intentional failure to make reasonable efforts to comply with conditions of supervision.
Section 2. Amend § 4321, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4321. Probation and parole officers.
(b)(1) The Department shall furnish to each person released under the supervision of the Department a written statement of the conditions of the person’s probation or parole and shall instruct the person regarding these conditions.
(3) The officers shall keep informed of the conduct and condition of persons in their charge, shall aid them to secure employment, shall exercise supervision over them, shall see that they are in compliance with and fulfill the conditions of their release release, and shall use all suitable methods to aid and encourage them to bring about improvement in their conduct and conditions and to meet their probation or parole obligations. The officers shall use the least restrictive conditions possible to enhance the goals of supervision .
(e) Probation and parole officers may be tasked to participate in joint operations with federal authorities while in the performance of the lawful duties of their employment. Any contraband, property and/or property, or money seized in the course of such joint operations shall must be apportioned in accordance with federal distribution guidelines. Any distribution to probation and parole shall become the property of the Department of Correction, Bureau of Community Corrections. Any proceeds from the disposal of such property shall must be used for the purchase of security equipment and technology necessary for the support of the employees of the Bureau.
Section 3. Amend § 4322, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4322. Protection of records.
(a) (1) The presentence report (other than a presentence report prepared for the Superior Court or the Court of Common Pleas), Except as provided under paragraph (a)(2) of this section, the presentence report, the preparole report, the supervision history history, and all other case records obtained in the discharge of official duty by any member or employee of the Department shall be privileged and shall not only be disclosed directly or indirectly to anyone other than the courts as defined in § 4302 of this title, to the courts, the Board of Parole, the Board of Pardons, the Attorney General and the Deputies Attorney General or others entitled by this chapter to receive such information; except that the this information. The court or Board of Pardons may, in its discretion, may permit the inspection of the report or parts thereof of the report or other information by the offender or the offender’s attorney or other persons who in the judgment of the court or Board of Pardons have a proper interest therein, in the report or other information, whenever the best interest of the State or welfare of a particular defendant or person makes such the action desirable or helpful. No person committed to the Department shall have access to any of said records.
(2) The A presentence reports report prepared for the Superior Court and or the Court of Common Pleas shall be is under the control of those Courts respectively. the Court for which the report is prepared.
(b) (1) The Commissioner or the Commissioner’s designees may receive and use, for the purpose of aiding in the treatment of rehabilitation of offenders, the preparole report, the supervision history history, and other Department of Correction case records, provided that such the information or reports remain privileged for any other purpose.
(2) This subsection shall does not apply to the presentence reports of the Superior Court and the Court of Common Pleas which reports shall remain under the control of such Courts.
(c) No inmate may be provided a copy of the Department of Correction Policy and Procedures Manuals, the Bureau of Prisons Policy and Procedures Manuals, the Department of Correction Facilities Operational Procedures, Administrative Regulations, or Post Orders that could jeopardize the safety or security of a correctional facility, corrections staff, inmates, or the public.
(d) A Department of Correction policy or procedure which, in the judgement of the Commissioner, contains information that could jeopardize the safety or security of a correctional facility, corrections staff, inmates or the public shall be confidential and subject to disclosure only upon written authority of the Commissioner. For purposes of this subsection, “Department of Correction policy or procedure” includes any policy, procedure, post order, facility operational procedure, or administrative regulation adopted by a bureau, facility, or division of the Department.
(j) A response to a request for a document not disclosed under subsection (c) or (d) of this section must indicate the reasons for the denial, including a statement that the document is not provided under the authority granted to the Department under subsection (c) or (d) of this section. An index, or other compilation, as to each document or part of a document not disclosed is not required.
Section 4. 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) The Subject to paragraphs (a)(1) through (7) of this subsection, the Department may adopt standards concerning the conditions of probation or suspension of sentence which the court may use in a given case. The standard conditions shall apply in the absence of any other specific or inconsistent conditions imposed by the court under this subsection . The presentence report may recommend conditions to be imposed by the court. 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. 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. The court shall cause a copy of any order to be delivered to the Department and to the probationer. individual on probation.
(1) A court, Board of Parole, or probation and parole officer shall presumptively impose the least number of conditions, and least restrictive conditions of supervision, possible.
a. A condition imposed may not be more restrictive than reasonably necessary to meet the goals of deterrence, protection of the public, and rehabilitation of the individual on probation. Before imposing a condition, the court, Board of Parole, or probation and parole officer must consider whether the condition is more restrictive than reasonably necessary to accomplish the goals of this paragraph (a)(1)a.
b. A condition must be reasonably related to the criminogenic needs of the individual on probation.
c. For each special condition imposed, the court, Board of Parole, or probation and parole officer must state the reasonable relation to the criminogenic needs of the individual on probation.
d. Before imposing a condition, the court, Board of Parole, or probation and parole officer must consider whether fewer conditions or less restrictive conditions do not accomplish the goals under this paragraph (a)(1).
(2) The court, Board of Parole, or probation and parole officer may not impose a standard or special condition of supervision with which the individual on probation cannot reasonably comply. Before imposing a condition, the court, Board of Parole, or probation and parole officer must consider if the individual on probation has the necessary resources and ability to comply with the condition.
(3) A court, Board of Parole, or probation and parole officer may not prohibit an individual on probation from using or possessing alcohol or controlled substances or other dangerous drugs or require an individual on probation to be subject to testing for alcohol or controlled substances or other dangerous drugs, unless the use or possession of alcohol or controlled substances or other dangerous drugs is reasonably related to the criminogenic needs of the individual on probation.
(4) The Board of Parole or probation and parole officer shall ensure that reporting requirements are as minimally-intrusive as possible, and may provide an individual on probation with alternative reporting options, including the option of reporting remotely, when appropriate.
a. A probation and parole officer must set times and locations for meetings that are required for an individual on probation at times and locations that are reasonably designed to accommodate the verifiable work schedule of an individual on probation, as well as considerations related to education, childcare, healthcare, and transportation availability.
b. A probation and parole officer may utilize audio and visual communications, or audio-only communication, in lieu of requiring a face-to-face in-person meeting for an individual on probation .
c. A probation and parole officer may allow verifiable attendance at required programs to substitute for in-person check-ins with a probation and parole officer.
(5) If a program is a requirement of supervision, the Board of Parole or probation and parole officer must facilitate a referral into the program.
a. If a required program is not available, the totality of the circumstances must be considered by the court if a violation of probation is filed.
b. If the sentencing court determines on the record that the Board of Parole or probation and parole officer did not reasonably facilitate an individual on probation’s referral into the program, a longer period of probation or suspension of sentence is prohibited.
c. The Department is not required to contract for or create a program that is a requirement of supervision.
(6) Before pursuing sanctions up to and including revocation for an alleged violation of probation, the probation and parole officer shall make reasonable efforts to inquire into why an individual on probation failed to abide by a condition, including by affirmatively attempting to re-engage an individual on probation who fails to report before deeming the individual on probation to have violated the individual on probation’s conditions of supervision for failure to report or absconding. The probation and parole officer shall make all efforts to connect the individual on probation with needed services and resources before pursuing sanctions against the individual on probation.
(7) A probation and parole officer may not pursue sanctions for nonwilful violations, which includes all of the following:
a. Failure to complete a program when the program refuses to provide services, the program is cost-prohibitive, or access to the program is restricted beyond the control of the individual on probation.
b. Failure to follow supervision conditions when the individual on probation’s medical conditions or disability prevent compliance.
c. Failure to report based on factors beyond the individual on probation’s control.
(b) The Subject to the requirements of paragraph (a)(1) of this section, the Department may adopt standards governing any program of house arrest for offenders. individuals. The presentence report may recommend conditions to be imposed by the court. In addition to any conditions imposed by the Department or by the court, each program involving house arrest for offenders, individuals, regardless of the official or unofficial name of the program, shall include a reasonable monthly payment by each offender participating in the program, clear and consistent incentives for compliance with conditions and graduated sanctions short of incarceration when a participant in the program violates any of the conditions, and the ownership or leasing of all equipment by the Department of Correction. Department.
(c) The Department is authorized to may use offender electronic monitoring systems and any new or emerging offender monitoring technology that will assist in the supervision of offenders an individual placed on house arrest. A probation and parole officer may utilize audio and visual communications, or audio-only communication, in lieu of requiring a face-to-face in-person meeting for an individual placed on house arrest.
(d) The Department is authorized to may supervise offenders an individual placed on house arrest without the use of any specific electronic equipment, so long as if sufficient and reasonable methods for ensuring compliance with the terms of house arrest are employed.
Section 5. Amend § 4333, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4333. Period of probation or suspension of sentence; termination.
(b) The length of any period of probation or suspension of sentence shall be limited to: is limited to the following:
(1) Two years, for any violent felony in this title as designated in § 4201(c) of this title; title.
(2) Eighteen months, for any offense set forth in Title 16; or 16.
(3) One year, for any offense not otherwise specified in paragraph (b)(1) or (2) of this section.
(c) Any offender who is serving more than 1 sentence imposed following convictions in more than 1 case shall must not serve a consecutive period of probation or suspension of sentence that is in excess of the limitations imposed by subsection (b) of this section. Any sentence of probation or suspension of sentence ( sentence, or any portion thereof) thereof, which, if served consecutively to another such sentence, would result in an aggregate sentence of probation or suspension of sentence in excess of the limitations imposed by subsection (b) of this section shall be section, is deemed to be concurrent to such the other sentence. The provisions of this This subsection shall does not apply to a sentence imposed for a conviction involving an offense committed while the offender was serving a period of probation or suspension of sentence.
(d) The limitations set forth in subsections (b) and (c) of this section shall not apply: do not apply to any of the following:
(1) To any Any sentence imposed for a conviction of any sex offense offense, as defined in § 761 of this title title, if the sentencing court determines on the record that a longer period of probation or suspension of sentence will substantially reduce the likelihood that the offender will commit a sex offense or other violent offense in the future; future.
(2) To any Any sentence imposed for any violent felony in this title as designated by § 4201(c) of this title title, if the sentencing court determines on the record that public safety will be enhanced by a longer period of probation or suspension of sentence; or sentence is the least-restrictive means of substantially reducing the likelihood the offender will commit an offense that causes serious physical injury to another person.
(3) To any Any sentence imposed for any offense set forth in the Delaware Code Code, if the sentencing court determines on the record that a longer period of probation or suspension of sentence is necessary to ensure the collection of any restitution ordered, except that any ordered. Any period of probation ordered pursuant to under this paragraph (d)(3) that is in excess of the limitations set forth in under subsections (b) and (c) of this section shall must be served at Accountability Level I — Restitution Only pursuant to under the terms of § 4204(c)(10) of this title. An individual sentenced to Accountability Level I – Restitution Only may not have the individual’s probation level increased based on the individual’s reasonable inability to pay the restitution ordered.
(e) The limitations set forth in subsection subsections (b) and (c) of this section may be exceeded by up to 90 days by the sentencing court if it determines that the defendant has not yet completed a substance abuse treatment program ordered by the court, provided, that each extension of sentence ordered pursuant to under this subsection shall must be preceded by a hearing, and by a finding on the record, that such record of all of the following:
(1) The extension of sentence is necessary to facilitate the completion of the substance abuse treatment program. program.
(2) The probation and parole officer made reasonable efforts to refer the defendant to the appropriate program.
(3) Less-restrictive measures do not facilitate completion of the program.
Section 6. Amend § 4334, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4334. Arrest for violation of conditions; subsequent disposition.
(a) (1) The On a finding that the individual on probation poses a substantial risk of causing serious physical injury to another person or intentionally failing to appear for a revocation of probation proceeding, the court may issue a warrant for the arrest of a probationer an individual on probation for any of the following:
a. A non-technical violation of any of the conditions of probation or suspension of sentence, or sentence.
b. A technical violation of probation for which, if established, the court may impose a sentence of incarceration.
(2) In all other instances, the court may issue to an individual on probation a notice to appear to answer to a charge of violation.
(3) Such The notice shall must be personally served upon the probationer. on the individual on probation. The warrant shall must authorize officers to return the probationer individual on probation to the custody of the court or to the Department.
(b) (1) The Commissioner, or any probation officer, when in the Commissioner’s or probation officer’s judgment there has been a violation of any condition the Commissioner or probation officer believes an individual on probation committed a non-technical violation of probation or suspension of sentence, sentence or a technical violation for which, if established, the court may impose a sentence of incarceration, and believes that the individual on probation poses a substantial risk of causing serious physical injury to another person or intentionally failing to appear for a revocation of probation hearing, may arrest such probationer do any of the following:
a. Arrest the individual on probation without a warrant, warrant.
b. or may deputize Deputize any other officer with power of arrest to do so by giving that officer a written statement setting forth that the probationer has, in the judgment of the Commissioner or probation officer, violated the conditions of probation or suspended sentence. the evidence of the non-technical or technical violation and substantial risk of causing serious physical injury to another person or intentionally failing to appear for a revocation of probation proceeding.
(2) The written statement delivered with the probationer individual on probation by the arresting officer to the official in charge of the place of detention shall be is sufficient warrant for the detention of the probationer. individual on probation.
(3) When an arrest is made by a probation officer, the Department shall present to the detaining authority a written statement of the circumstances of violation. the non-technical violation or the technical violation for which, if established, the court may impose a sentence of incarceration.
(4) Provisions regarding release on bail of persons charged with crime shall be are applicable to the probationers individuals arrested under these provisions.
(c) (1) Upon such On arrest and detention, detention of an individual on probation, the Department shall immediately notify the court and shall submit in writing a report showing in what manner the probationer the individual on probation has violated the conditions of probation or suspension of sentence. sentence and the evidence of substantial risk of causing serious physical injury to another person or intentionally failing to appear for a revocation of probation proceeding.
(2) Thereupon, or upon on arrest by warrant as provided in under subsection (b) of this section, the court shall cause the probationer individual on probation to be brought before it the court without unnecessary delay, for a hearing on the violation charge.
(3) The hearing on the violation charge may be informal or summary.
(4) Conduct that formed the basis of an arrest for a violation of probation may not form the basis of an established violation of probation if a court has adjudicated the matter with an acquittal or dismissal before the violation of probation is established.
(5) If the violation is established, the court may continue or revoke the probation or suspension of sentence, and may require the probation violator individual who violated probation to serve the sentence imposed, or any lesser sentence, and, if imposition of sentence was suspended, may impose any sentence which might originally have been imposed.
(d) (1) Notwithstanding any provision of subsection (c) of this section or any other law, rule rule, or regulation to the contrary, the Department is authorized to may administratively resolve technical and minor violations of the conditions of probation or supervision at Accountability Levels I, II, III III, or IV when a sanction less restrictive than Level V is being sought by the Department as a result of the violation, and is further authorized to administratively resolve technical and minor violations of conditions of probation at Accountability Levels I, II, III, or IV by placing the probationer at Accountability Level IV for a period of not more than 5 days consecutively, and not more than 10 days in any 1 calendar year, or on home confinement for a period of not more than 10 days consecutively, and not more than 20 days per calendar year. The Department shall adopt written procedures providing for administrative review for all cases in which an offender is placed at Level IV or home confinement pursuant to this subsection. violation.
(2) All administrative dispositions imposed pursuant to under this subsection shall must be documented in the offender’s individual on probation’s record and shall must be made available to the court in the event of if a subsequent violation which is considered by the court. For the purposes of this subsection, the term “technical and minor violations of the conditions of probation or supervision” shall not include arrests or convictions for new criminal offenses.
(3) Under this section, the purpose of home confinement is to reduce the number of persons held at Level V and Level IV facilities by substituting home confinement when appropriate.
(4) The Department shall develop guidelines for probation and parole officers to assist them in providing consistent and appropriate responses to compliance and violations of the conditions of probation or supervision.
(e) A probationer An individual on probation for whose return a warrant cannot be served, shall be served is deemed a fugitive from justice or to have fled from justice. If it shall appear that probationer appears the individual on probation has violated probation or suspended sentence, the court shall determine whether the time from issuing of the warrant to the date of the probationer’s individual on probation’s arrest, or any part of it, shall is to be counted as time served on probation or suspended sentence.
(f) The Justice of the Peace Court shall have has jurisdiction over violations of probation where such the probation or suspension of sentence was pursuant to an order of the Justice of the Peace Court.
(g) Except as provided under subsection (h) of this section, a court may not impose a sentence of incarceration for a technical violation , unless the established technical violation was committed by an individual on probation for a sexual offense, as “sexual offense” is defined in § 761 of this title.
(h)(1) A court may only impose a sentence of incarceration for a technical violation if the technical violation consists of one of the following:
a. The use or possession of alcohol or controlled substances or other dangerous drugs, unless prescribed lawfully, in violation of a condition to abstain from the use or possession of alcohol or controlled substances or other dangerous drugs due to a conviction for driving under the influence of alcohol or controlled substances or other dangerous drugs.
b. Leaving the individual on probation’s residence during curfew hours for a reason other than life threatening emergencies or with the advance approval of the individual on probation’s probation and parole officer.
c. Damage to or destruction of home confinement equipment or failure to report a problem with home confinement equipment.
(2) On the establishment of a violation of probation for a technical violation under paragraph (h)(1) of this section, a court may impose the following sentence of incarceration:
a. For the first and second established violation, no period of incarceration.
b. For the third established violation, up to 5 days of incarceration.
c. For the fourth established violation, up to 10 days of incarceration.
d. For the fifth and subsequent established violations, up to 21 days of incarceration.
(i) For any sentence imposed for a violation of probation, a court shall impose the least restrictive sanction possible to achieve the goals of supervision. For a sentence imposed for a non-technical violation or for a technical violation that is eligible for incarceration under subsection (h) of this section, a court should impose incarceration only as a last resort.
(j) Any periods of incarceration imposed under this section run concurrently if more than 1 violation is established. If a period of incarceration is imposed, the individual on probation must be released from custody on expiration of the period of incarceration or the end of the individual on probation’s period of probation, whichever occurs first.
Section 7. Amend § 4359, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4359. Short title; Service fee. title.
This subchapter may be cited as the Interstate Compact for Adult Offender Supervision. Any probationee who applies under this Compact for interstate transfer into or from the State of Delaware shall pay to the Department of Correction a service fee of $50 to defray costs under the Compact.
Section 8. Amend § 4383, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4383. Earned compliance credit for probation.
(a) Any periods of probation sentenced to or released to probation on or after August 8, 2012, may be reduced by earned compliance credit under the provisions of this chapter and rules and regulations adopted by the Department of Correction. Department.
(b) (1) Persons under supervision may earn up to 30 days of credit for 30 days of compliance with conditions of supervision, not to exceed 1 / 2 of their probationary period. supervision.
(2) Earned compliance credit will be is forfeited upon on conviction of a new crime and may be forfeited upon on revocation of probation.
(c) For any offender released on or after August 8, 2012, a period of conditional release shall must be served concurrently with the probationary period.
(d) Earned compliance credit shall not be available to reduce any period of probation does not apply to any period of probation imposed for any of the following:
(1) Imposed for any A sexual offense as defined in § 761 of this title; or title.
(2) Imposed for any A violent felony in this title as designated by § 4201(c) of this title; or title.
(3) Imposed for any An offense set forth in the Delaware Code Code, if the period of probation is imposed to ensure the collection of any restitution ordered and the individual is sentenced to Accountability Level I—Restitution Only; or Only.
(4) Imposed for such other categories of offenses as set forth in the rules and regulations adopted by the Department of Correction. [Repealed.]
(e) If an individual on probation is eligible to receive earned compliance credits, the Department shall notify the individual in writing that the individual is eligible to receive earned compliance credits. The Department shall notify an individual on probation of the individual’s earned compliance credit eligibility date when the Department calculates the date.
Section 9. Amend § 101, Title 13 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 101. Void and voidable marriages.
(b) A marriage is prohibited, and is void from the time its nullity is declared by a court of competent jurisdiction at the instance of the innocent party, if either party thereto is:
(7) On probation or parole from any court or institution, unless such person first files with the clerk of the peace to whom such person makes application for a marriage license a written consent to such person’s proposed marriage from the chief officer of such court or institution or from someone who is appointed by such officer to give such consent, and unless in other respects the applicant may lawfully marry. [Repealed.]
Section 10. Amend § 111, Title 13 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 111. Establishing validity of papers submitted by applicants; filing and inspection.
Clerks of the peace shall examine and satisfy themselves of the validity of papers submitted to them by divorced persons, persons and past or present patients of Delaware Psychiatric Center or other designated psychiatric treatment facilities as defined in § 5001 of Title 16, and persons on probation or parole and shall file such papers in the office of the recorder of the appropriate county. Such papers shall constitute a part of the application for marriage license, but shall be open to inspection of the public only upon order of the Resident Judge of the proper county or such person as the Judge may appoint to give such orders.
Section 11. Amend § 113, Title 13 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 113. Supplies of marriage licenses, books and other forms; form.
(d) In the case of an adult person who is on probation or parole from any court or institution, the chief officer of such court or institution, or such person as such officer may appoint to give consent to marry, shall supply such consent in whatever form such officer deems advisable to such applicants for marriage license as such officer believes may properly marry. [Repealed.]
Section 12. Amend § 122, Title 13 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 122. Marriage license application.
(a) The marriage license application shall be in the form prescribed and provided by the Department of Health and Social Services and shall be permanently preserved by the issuing officer in the manner as prescribed by the Department of Health and Social Services. The marriage license application shall include the following information and such other information as prescribed by the Department of Health and Social Services: date of application, full name, sex, Social Security number, birth date and occupation of applicants, names and addresses of parents of applicants, date and place of previous marriages, civil unions, domestic partnerships or other substantially similar legal unions, and termination of previous marriages, civil unions, domestic partnerships or other substantially similar legal unions, place and court where applicants are on probation or parole, if such they be, and time of application.
Section 13. As of the effective date of this Act, any outstanding balances owed by an individual for a service fee imposed under § 4359 of Title 11 of the Delaware Code (repealed by Section 7 of this Act), including any fee, costs, interest, or other charge assessed on a service fee imposed under § 4359 of Title 11 of the Delaware Code (repealed by Section 7 of this Act), are discharged.
SYNOPSIS
This Act is a substitute for Senate Bill No. 4, replacing Senate Substitute No. 1 for Senate Bill No. 4. Like Senate Bill No. 4 and Senate Substitute No. 1 for Senate Bill No. 4, this Act modernizes Delaware’s probation system. Specifically, this Act does all of the following:
(1) In Section 1 of this Act, adds defined terms and uses the defined terms throughout the Act.
(2) In Section 2, requires probation and parole officers to use the least restrictive conditions possible to enhance compliance.
(3) In Section 3, makes technical corrections to existing records procedures and requires that an individual denied access to the Department of Correction’s (“Department”) policy and procedure manuals must be provided with the reason for the denial.
(4) In Section 4, requires that a condition of probation established by a court, the Department, or the Board of Parole may not involve a greater deprivation of liberty than is necessary to meet the goals of deterrence, protection of the public, and rehabilitation of the individual on probation; prohibits a court, the Department, or the Board of Parole from prohibiting an individual on probation from using or possessing alcohol or drugs, or requiring an individual on probation to be subject to testing for alcohol or drug use, unless the use or possession of alcohol or drugs is reasonably related to the criminogenic needs of the individual; and authorizes the Department to use alternate methods of reporting to a probation and parole officer, such as audiovisual communications.
(5) In Section 5, prohibits an individual sentenced to Accountability Level I – Restitution Only from having the individual’s probation level increased based on the individual’s reasonable inability to pay the restitution order.
(6) In Section 6, establishes standards of proof for the issuance of warrants for alleged violations and establishment of violations; prohibits incarceration for technical violations, except in certain circumstances and for certain periods of time; requires that any sentence imposed for a technical or non-technical violation be the least restrictive and imposed as a last resort; and requires that sanctions resulting in incarceration must run concurrently and that the individual must be released from custody on expiration of incarceration or the end of the individual’s period of probation, whichever comes first.
(7) In Section 7, repeals the fee for a person applying for an interstate transfer of probation under the Interstate Compact for Adult Offender Supervision.
(8) In Section 8, requires the Department to provide individuals on probation with a supervision report with credit earned and time remaining on probation.
(9) In Sections 9 through 12, removes the requirement that individuals on probation or parole must have permission before getting married.
(11) In Section 13, provides that outstanding balances owed by an individual for a service fee imposed under § 4359 of Title 11 of the Delaware Code (repealed by Section 7 of this Act) are discharged.
(12) Uses people-first language to refer to an individual on probation throughout this Act.
(13) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Author: Senator Pinkney
