Delaware House Bill 285 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 11-0)
Status: Introduced on March 10 2016 - 25% progression, died in committee
Action: 2016-03-10 - Introduced and Assigned to Corrections Committee in House
Pending: House Corrections Committee
Text: Latest bill text (Draft #1) [HTML]

Under current Delaware law the Department of Corrections has the power to increase or decrease a probationer’s Accountability Level between I, II and III without leave of the court. This bill would allow the Department to continue to lower the Accountability Level without leave of the court where it determines an offender is sufficiently low risk, but would require the Department to seek leave where it seeks to increase the supervision level without filing a violation of probation. The courts sentence offenders with full knowledge of the facts of an offender’s current crime, criminal history, and plea conditions at sentencing. Where the court has made an informed decision regarding the appropriate supervision level, it is inappropriate to override the court’s discretion and increase the terms of sentence without leave.

An Act To Amend Title 11 Of The Delaware Code Relating To Probation And Sentencing Procedures.

Rep. Helene Keeley [D]	Rep. James Johnson [D]	Sen. Margaret Henry [D]	Rep. Paul Baumbach [D]
Rep. John Kowalko [D]	Rep. Michael Mulrooney [D]	Rep. Bryon Short [D]	Sen. Bruce Ennis [D]
Sen. Harris McDowell [D]	Sen. Karen Peterson [D]	Sen. Bryan Townsend [D]

Date	Chamber	Action
2016-03-10	House	Introduced and Assigned to Corrections Committee in House

Type	Source
Summary	http://legis.delaware.gov/LIS/lis148.nsf/2bede841c6272c888025698400433a04/558a1bd2a0c8439885257de10052c539?OpenDocument
Text	http://legis.delaware.gov/LIS/lis148.nsf/vwLegislation/HB+285/$file/legis.html?open