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DE HB42

Bill

Status

Introduced

6/8/2017

Primary Sponsor

Stephanie Bolden

Click for details

Origin

House of Representatives

149th General Assembly

AI Summary

  • Allows defendants sentenced to two or more consecutive sentences prior to June 30, 2014, to petition the court for sentence modification, reduction, or suspension if they would have been eligible for concurrent sentences under current law.

  • Petitioners may file only one application for relief, and the court may grant modification if it determines concurrent sentencing would have been appropriate at initial sentencing, except for mandatory minimum sentences.

  • Establishes a Superior Court review process prioritizing petitions involving Title 16 offenses first, then crimes against property, then other offenses, with initial screening to reduce victim inconvenience.

  • Requires court review of applicant's criminal history, incarceration conduct, risk of reoffending including recent risk assessment, with judges required to articulate reasoning for granting or denying petitions on the record.

  • Mandates the Department of Correction notify by January 1, 2019, any defendant with Level V sentences consisting of two or more concurrent sentences imposed prior to June 30, 2014, including notice to their attorney or the Office of Defense Services.

Legislative Description

An Act To Amend Title 11 Of The Delaware Code Relating To Terms Of Imprisonment.

Last Action

Adopted in lieu of the original bill HB 42, and Assigned to Judiciary Committee in House

6/8/2017

Committee Referrals

Judiciary6/8/2017

Full Bill Text

No bill text available