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DE SB10
Bill
Status
7/14/2025
Primary Sponsor
Bryan Townsend
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AI Summary
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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
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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
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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
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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
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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