Bill Text: DE SB127 | 2013-2014 | 147th General Assembly | Engrossed
Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To The Board Of Parole.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-07-29 - Signed by Governor [SB127 Detail]
Download: Delaware-2013-SB127-Engrossed.html
SPONSOR: |
Sen. Poore & Rep. Brady |
|
Sens. Lopez, Pettyjohn, Sokola, Townsend; Reps. Bennett, Bolden, Outten, Peterman |
SENATE BILL NO. 127 AS AMENDED BY SENATE AMENDMENT NO. 1 |
Section 1.Amend Chapter 43, Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strikethrough as follows:
§4341. Selection, appointment and removal of Board of Parole.
(a) The Board of Parole shall consist
of a Chairperson and 4 other members, all of which shall be
appointed by the Governor and confirmed by a majority of the members elected to
the Senate. 1 member shall be from each county plus and
1 additional member shall be from the City of Wilmington, .
Appointed members may include, but not be limited to, those who
have a demonstrated interest in correctional treatment or , social
welfare, or victim advocacy. each of whom shall serve for a
term of 4 years, and a Chairperson who shall serve at the pleasure of the
Governor, all to be appointed by the Governor and confirmed by a majority of
the members elected to the Senate.
(b) The Chairperson shall be paid a salary which shall be fixed by the Governor.
(c) The Chairperson shall be experienced in the area or areas of probation, parole and/or other related areas of corrections.
(d) One of the initial 4 members
shall be appointed for a term of 1 year, 1 for a term of 2 years, 1 for a term
of 3 years and the fourth for a full 4-year term. Members appointed thereafter,
unless to fill a vacancy, shall be for full 4-year terms. A vacancy shall be
filled by the Governor within 60 days, the appointee to serve the balance of
the unexpired term. The Chairperson shall serve at the pleasure of the
Governor, and all other members shall serve a 4 year term, provided that no
more than 1 member's term shall expire annually. The Governor may
appoint members for terms of less than 4 years to ensure that the Board
members' terms expire on a staggered basis.
A member shall hold office until a successor has been appointed and
qualified.
(e) The present Chairperson and
members of the Board of Parole shall continue to serve as voting members of the
Board until the expiration date of their present terms, unless they shall
sooner resign.
(f) (e) The Governor may remove a member of the
Board only for disability, inefficiency, neglect of duty or malfeasance in
office. A member may be deemed in neglect of duty if they are absent from 3
consecutive Board meetings without adequate reason or if they attend less than
50% of Board meetings in a calendar year. Before such removal the Governor
shall give the member a written copy of the charges against such member and
shall fix the time when such member can be heard in such member's defense,
which shall not be less than 10 days thereafter.
§4342. Adequate quarters; personnel; seal.
(a) The Board shall obtain and maintain suitable and adequate quarters and shall employ those persons necessary to carry out its functions. For administrative and budgetary purposes, the Board shall be placed within the Criminal Justice Council.Fiscal oversight shall be provided by the Criminal Justice Council as determined by the Executive Director of the Criminal Justice Council.
(b) The Board shall adopt an official seal of which the courts shall take judicial notice.