Loading chat...

DE SB10

Bill

Status

Passed

7/14/2025

Primary Sponsor

Bryan Townsend

Click for details

Origin

Senate

153rd General Assembly

AI Summary

  • Establishes the "Richard 'Mouse' Smith Compassionate Release Act," allowing incarcerated individuals to apply for sentence modifications based on serious medical illness/infirmity at any time, rehabilitation after serving 15 years if age 60+, or rehabilitation after serving 25 years regardless of age

  • Removes the Board of Parole from the sentence modification process, allowing individuals or their attorneys to file applications directly with the court after the Department of Correction completes a biennial eligibility review

  • Defines "serious medical illness or infirmity" to include terminal illness (likely death within 18 months), permanent physical incapacitation, cognitive incapacitation such as dementia, and severe chronic conditions requiring extensive treatment with little recovery possibility

  • Requires the Department of Correction to provide written statements on eligibility, grants individuals the right to counsel through the Office of Defense Services, and mandates annual reporting by the Statistical Analysis Center on sentence modification applications and outcomes with demographic data

  • Prohibits courts from denying sentence modification eligibility for individuals refusing to participate in drug/alcohol, education, or employment programs, though refusal may still be considered as a factor in the court's decision

Legislative Description

An Act To Amend Title 11 And Title 29 Of The Delaware Code Relating To Modification Of Sentences Of Incarceration.

Last Action

Signed by Governor

7/14/2025

Committee Referrals

Appropriations6/20/2025
Administration6/5/2025

Full Bill Text

No bill text available