DE HB35 | 2011-2012 | 146th General Assembly
Status
Spectrum: Slight Partisan Bill (Democrat 15-7-1)
Status: Enrolled on June 28 2011 - 75% progression, died in chamber
Action: 2011-06-28 - Defeated by Senate. Votes: Defeated 9 YES 10 NO 2 NOT VOTING 0 ABSENT 0 VACANT
Text: Latest bill text (Draft #2) [HTML]
Status: Enrolled on June 28 2011 - 75% progression, died in chamber
Action: 2011-06-28 - Defeated by Senate. Votes: Defeated 9 YES 10 NO 2 NOT VOTING 0 ABSENT 0 VACANT
Text: Latest bill text (Draft #2) [HTML]
Summary
This Act dissolves the State Board of Parole and transfers its statutory functions to the Institutional Release Classification Board ("IRCB") and the courts. This Act does not alter or narrow eligibility for parole, nor does it limit the procedural rights or remedies available to parolees. In addition, victims will have the same right of notice and opportunity to be heard as they currently have with respect to Board of Parole hearings. Under the Truth in Sentencing (TIS) Act, the parole system was abolished for offenses committed after June 30, 1990. As a result, the caseload of the Board of Parole has decreased dramatically over the past two decades in its core areas of responsibility. As of November 2010, there were only 247 inmates in state prisons eligible for parole and 350 parolees under parole supervision. These numbers equate to approximately 5% of total incarcerated sentenced inmates and 2% of total offenders supervised in the community. Under this Act, the Board of Parole’s authority to conduct parole and conditional release hearings will be transferred to the IRCB. In addition, the Board currently has the authority to determine whether an individual has violated the terms of his or her parole, and what sanctions to impose. Under this Act, the Department of Correction will hold a hearing to determine whether there is probable cause to believe a violation exists. If so, then the sentencing court will hold a full hearing to determine whether a violation actually occurred. In addition, the Board of Parole’s authority to hear appeals of certain sex offender tier designations will be transferred to the Sex Offender Management Board, which has significant expertise in this area. The Board’s advisory functions (i.e., to the Board of Pardons) will be transferred to the IRCB.
Title
An Act To Amend Titles 1, 11, 16 And 29 Of The Delaware Code Relating To The Dissolution Of The Board Of Parole And Transfer Of The Board’s Responsibilities.
Sponsors
Roll Calls
2011-06-28 - Senate - Senate Third Reading (Y: 9 N: 10 NV: 2 Abs: 0) [FAIL]
2011-04-05 - House - House Third Reading (Y: 28 N: 13 NV: 0 Abs: 0) [PASS]
2011-04-05 - House - House Third Reading (Y: 28 N: 13 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2011-06-28 | Defeated by Senate. Votes: Defeated 9 YES 10 NO 2 NOT VOTING 0 ABSENT 0 VACANT | |
| 2011-06-28 | Amendment SA 1 - Passed by Senate. Votes: Passed 18 YES 3 NO 0 NOT VOTING 0 ABSENT 0 VACANT | |
| 2011-06-28 | Reported Out of Committee (ADULT & JUVENILE CORRECTIONS) in Senate with 4 On Its Merits, 2 Unfavorable | |
| 2011-06-23 | Amendment SA 1 - Introduced and Placed With the Bill in Senate | |
| 2011-04-12 | Assigned to Adult & Juvenile Corrections Committee in Senate | |
| 2011-04-05 | Passed by House of Representatives. Votes: Passed 28 YES 13 NO 0 NOT VOTING 0 ABSENT 0 VACANT | |
| 2011-04-05 | Amendment HA 1 - Passed in House by Voice Vote | |
| 2011-04-05 | Amendment HA 1 to HA 1 - Passed in House by Voice Vote | |
| 2011-04-05 | Amendment HA 1 to HA 1 - Introduced in House | |
| 2011-04-05 | Amendment HA 1 - Lifted From Table in House | |
| 2011-04-05 | Lifted From Table in House | |
| 2011-04-05 | Necessary rules are suspended in House | |
| 2011-03-31 | Laid On Table in House | |
| 2011-03-31 | Amendment HA 1 - Laid On Table in House | |
| 2011-03-31 | Amendment HA 1 - Introduced in House | |
| 2011-03-23 | Reported Out of Committee (CORRECTIONS) in House with 5 On Its Merits | |
| 2011-02-24 | Introduced and Assigned to Corrections Committee in House |
