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DE SB4

Bill

Status

Introduced

6/6/2024

Primary Sponsor

Marie Pinkney

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Origin

Senate

152nd General Assembly

AI Summary

  • Modernizes Delaware's probation system by establishing new definitions including "non-technical violation," "technical violation," "wilful violation," "absconding," and "criminogenic needs" to create clearer distinctions in violation types.

  • Requires courts, the Board of Parole, and probation officers to impose the least restrictive conditions of probation necessary and prohibits conditions based on factors beyond an individual's control or unrelated to criminogenic needs.

  • Restricts incarceration for technical violations to only specific circumstances (substance use violations, curfew violations, and equipment damage) with escalating penalty caps from no incarceration for first two violations up to 21 days for fifth and subsequent violations.

  • Removes the requirement that individuals on probation or parole obtain permission before marriage and eliminates the $50 service fee for interstate probation transfers under the Interstate Compact for Adult Offender Supervision.

  • Requires probation officers to make reasonable efforts to re-engage individuals before pursuing sanctions, allows alternative reporting methods including remote audiovisual communications, and limits sentences for probation violations to the least restrictive sanction possible.

Legislative Description

An Act To Amend Title 11, Title 13, And Title 29 Of The Delaware Code Relating To The Criminal Justice System, Including Probation.

Last Action

Amendment SA 1 to SS 3 - Introduced and Placed With Bill

6/12/2024

Committee Referrals

Finance4/29/2024

Full Bill Text

No bill text available