Bill Text: DE HB438 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Title 11, 4217 Of The Delaware Code Relating To Release Of Inmates For Demonstrated Rehabilitation.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2010-07-12 - Signed by Governor [HB438 Detail]
Download: Delaware-2009-HB438-Draft.html
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SPONSOR: |
Rep. J. Johnson & Sen. Peterson |
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HOUSE OF REPRESENTATIVES 145th GENERAL ASSEMBLY |
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HOUSE BILL NO. 438 |
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AN ACT TO AMEND TITLE 11, §4217 OF THE |
WHEREAS, Title 11, §4217(c) of the Delaware Code contains the term "exceptional rehabilitation", which was never defined in the Statute, nor does it have a generally-accepted common meaning; and
WHEREAS, the lack of proper definition has led to confusion by the Department of Correction (DOC) which must make an initial determination regarding rehabilitation of an inmate; and
WHEREAS, the word "rehabilitation" is commonly defined in Webster's Dictionary as "the process of restoring an individual to a useful and constructive place in society especially through some form of vocational, correctional, or therapeutic retraining"; and
WHEREAS, the above definition is consistent with the original intent of the Statute.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY
OF THE STATE OF
Section 1.Title 11, §4217(c) of the Delaware Code is hereby amended by removing the word "exceptional" from "exceptional rehabilitation".
Section 2.Title 11, §4217 of the Delaware Code is hereby amended by adding subsection (e) as follows: "For purposes of this section, "rehabilitation" is defined as the process of restoring an individual to a useful and constructive place in society especially through some form of vocational, correctional, or therapeutic retraining.".
SYNOPSIS
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This Act amends Title 11, §4217 of the Delaware Code by clarifying the term "exceptional rehabilitation", which was inadequately defined and therefore confusing, so that this term is consistent with the original intent of the Statute. |
