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DE HB338
Bill
Status
Passed
6/22/2010
Primary Sponsor
James Johnson
Click for details
AI Summary
- Adds new § 4221 to Delaware Code Title 11, Chapter 42, authorizing courts to modify, defer, suspend, or reduce minimum or mandatory sentences of one year or less
- Court may exercise this authority upon finding by clear and convincing evidence or by stipulation of the State that the defendant suffers from serious medical illness, injury, or infirmity with continuing treatment needs
- Requires court to determine that incarceration is inappropriate and that the person does not constitute a substantial risk to the community before modifying sentence
- Applies only to sentences of one year or less, excluding minimum and mandatory sentences for virtually all violent crimes which exceed one year
- Gives Delaware courts similar authority to the Department of Corrections, which already has power under § 4217 to request sentence modifications based on medical conditions
Legislative Description
An Act To Amend Title 11 Of The Delaware Code Relating To The Classification Of Offenses And Sentences.
Last Action
Signed by Governor
6/22/2010
Committee Referrals
Judiciary5/11/2010
Judiciary3/23/2010
Full Bill Text
No bill text available