Bill Text: DE HB338 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To The Classification Of Offenses And Sentences.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Passed) 2010-06-22 - Signed by Governor [HB338 Detail]
Download: Delaware-2009-HB338-Draft.html
SPONSOR: |
Rep. J. Johnson & Sen. Ennis & Sen. Henry & Sen. Sorenson |
|
Reps. Barbieri, Kowalko, Plant, Schooley, Scott |
HOUSE OF REPRESENTATIVES 145th GENERAL ASSEMBLY |
HOUSE BILL NO. 338 |
AN ACT TO AMEND TITLE 11 OF THE |
Section 1.Amend Chapter 42, Title 11 of the Delaware Code by adding a new "§4221" thereto as follows:
"§4221.Modification, deferral, suspension or reduction of sentence for serious medical illness, injury or infirmity.
Notwithstanding any provision of law to the contrary, a Court may modify, defer, suspend or reduce a minimum or mandatory sentence of one year or less, or a portion thereof, required, where the Court finds by clear and convincing evidence, or by stipulation of the State, that the person to be sentenced suffers from a serious medical illness, injury or infirmity with continuingtreatment needs which make incarceration inappropriate and that such person does not constitute a substantial risk to the community.".
SYNOPSIS
This
Act authorizes a sentencing court to modify, defer, reduce or suspend a
minimum or mandatory sentence of one year of less if it finds the person to
be sentenced has serious and ongoing medical treatment needs which make
incarceration inappropriate and that the person does not pose a substantial
risk to the community.The Department
of Corrections has authority (11 |