Delaware House Bill 343 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 9-0)
Status: Introduced on May 15 2014 - 25% progression, died in committee
Action: 2014-05-15 - Introduced and Assigned to Health & Human Development Committee in House
Pending: House Health & Human Development Committee
Text: Latest bill text (Draft #1) [HTML]

This bill amends Title 16 (Health and Safety) by substituting the “Delaware Crime Prevention and Rehabilitation Act” (DCPRA) for the “First offenders controlled substance diversion program.” Specifically, the DCPRA extends its coverage beyond first offenders to those that are by definition “nonviolent drug offenders.” Under this Act sentencing of these offenders mandatorily will emphasize an individualized drug treatment and rehabilitation component that is crafted by treatment providers and delivered at Drug Treatment and Rehabilitation centers that are maintained by the Department of Health and Social Services. Access to the Treatment and Rehabilitation centers must also be granted to non-offenders combating drug and alcohol addiction. This Act provides judges an analytical framework for determining revocations of probation. Nonviolent drug offenders are given up to three opportunities to complete probation terms and conditions. There shall not be a recorded “conviction” on the charged offenses so long as the terms and conditions of probation are satisfied. The courts are granted the discretion to waive certain fines and costs so they are not burdensome for the ex-offender. There is a mandate under this Act that the General Assembly is to allocate funds annually to meet the costs of treatment and rehabilitation as prospectively determined by the Department of Health and Social Services. The funds shall be placed with the Substance Abuse Rehabilitation, Treatment Coordination, Prevention and Education Fund. There is also a requirement that annually and in tandem the Department of Health and Social Services, the Department of Corrections, and the courts craft a report providing aggregate data and detailed analysis concerning the impact of this Act. Independent researchers designated by the University of Delaware shall also report annually on the impacts of this Act.

An Act To Amend Titles 10 And 16 Of The Delaware Code Relating To Nonviolent Drug Offenders.

Rep. Charles Potter [D]	Sen. Margaret Henry [D]	Rep. Paul Baumbach [D]	Rep. Stephanie Bolden [D]
Rep. James Johnson [D]	Rep. Helene Keeley [D]	Rep. John Kowalko [D]	Rep. Bryon Short [D]
Sen. Robert Marshall [D]

Date	Chamber	Action
2014-05-15	House	Introduced and Assigned to Health & Human Development Committee in House

Type	Source
Summary	http://legis.delaware.gov/LIS/lis147.nsf/2bede841c6272c888025698400433a04/d73addf556d2d06585257ca80068ff01?OpenDocument
Text	http://legis.delaware.gov/LIS/lis147.nsf/vwLegislation/HB+343/$file/legis.html?open