DE SB194

Creates a new section 4222 in Delaware Code allowing Superior Court to reduce sentences for defendants whose drug offenses were affected by the 2011 Ned Carpenter Act (78 Del. Law, c. 13)

Allows the defendant, the state, or the Department of Correction to petition the court for sentence reduction if the offense or statutory penalty was changed by the Ned Carpenter Act

Court must impose a sentence not less than the minimum penalty under the new law (or proportionally less if the original sentence was reduced for substantial assistance to authorities), and cannot reduce below time already served

Court must consider specified factors including the offense nature, defendant history, deterrence, public safety, and avoidance of sentence disparities when deciding whether to reduce a sentence

Department of Correction must notify affected inmates within 6 months of enactment about their right to petition for sentence modification, and each defendant or the Department may file only one motion absent extraordinary circumstances