DE SCR98

Recognizes the importance of compassionate release for incarcerated people, including those with terminal illness, advanced age, severe illness, or other incapacitation, as a means to promote justice while preserving public safety and achieving fiscal efficiencies.

Acknowledges that Delaware's current statutory framework limits early release to serious medical illness for crimes committed after June 30, 1990, and excludes old age and associated infirmity as standalone bases for early release regardless of rehabilitation or time served.

Notes that as of 2021, nearly 200 incarcerated Delawareans over age 50 had served more than 30 years, including approximately 130 over age 60, with a disproportionate number being Black.

Encourages all stakeholders including the Board of Pardons, Governor, Board of Parole, Department of Justice, Department of Corrections, and law enforcement to embrace compassionate release principles when considering early release and commutation applications.

Commits the General Assembly to explore and consider modifications to Delaware's early-release statutory framework to adopt more elements of a compassionate-release model or provide clarity on the significance of age-related infirmities and demonstrated rehabilitative efforts while incarcerated.