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DE HB35
Bill
Status
1/14/2009
Primary Sponsor
Richard Cathcart
Click for details
AI Summary
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Dissolves the State Board of Parole and transfers its statutory functions to the Institutional Release Classification Board (IRCB) and the courts, effective July 1, 2011.
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Establishes IRCB as the paroling authority consisting of 7 members: 4 appointed by the Commissioner of Corrections, 1 each by the chairs of Senate and House Corrections Committees, and 1 representing victims' advocacy community.
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Transfers parole violation determination authority from Board of Parole to the Department of Corrections (preliminary hearing) and sentencing courts (final violation hearings), with wardens retaining veto power over non-parole decisions only.
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Maintains parole eligibility requirements at one-third of sentence served (reduced by good behavior credits) or 120 days minimum, and requires mental health evaluations for Class A felonies, sex offenses, and crimes involving death or assault before release.
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Preserves victim notification and participation rights in parole hearings, transfers sex offender tier appeals to Sex Offender Management Board, and establishes advisory functions for IRCB regarding Board of Pardons recommendations.
Legislative Description
An Act To Amend Title 16 Of The Delaware Code Relating To The Delaware Psychiatric Center.
Last Action
Introduced and Assigned to Health & Human Development Committee in House
1/14/2009