Bill Text: DE SB128 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To The Delaware Sentencing Accountability Commission.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-06-26 - Reported Out of Committee (SUNSET) in Senate with 1 Favorable, 3 On Its Merits [SB128 Detail]
Download: Delaware-2013-SB128-Draft.html
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SPONSOR: |
Sen. Poore & Rep. Brady |
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Sens. Lopez, Pettyjohn, Sokola, Townsend; Reps. Bennett, Bolden, Outten, Peterman |
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DELAWARE STATE SENATE 147th GENERAL ASSEMBLY |
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SENATE BILL NO. 128 |
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AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DELAWARE SENTENCING ACCOUNTABILITY COMMISSION. |
Section 1.Amend Chapter 65, Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strikethrough as follows:
§6580. Established; composition; purpose.
(a) The Delaware
Sentencing Accountability Commission (hereinafter referred to as the
"Commission") is hereby established. The Commission shall consist of 11
13 members, the body of which
shall be comprised as follows:
(1) Four members of the judiciary appointed by the Chief Justice, 2 of whom shall be initially appointed for a 2-year term and 2 of whom shall be appointed to a 4-year term; provided, that each succeeding term for all 4 of such members shall be 4 years;
(2) The Attorney General or the Attorney General's designee;
(3) The Public Defender or the Public Defender's designee;
(4) The Commissioner of Corrections or the Commissioner of Corrections' designee;
(5) The Chairperson of the Board of Parole or the Chairperson's designee to be appointed by the Chairperson of the Board of Parole;
(6) The Chairperson of the Board of Pardons or the Chairperson's designee to be appointed by the Chairperson of the Board of Pardons;
(5)
(7) Four other members-at-large, each of whom shall, by training or
experience, possess a knowledge of Delaware sentencing practices, 2 to be
appointed by the Governor, 1 by the President Pro Tempore of the Senate and 1
by the Speaker of the House. One of the members-at-large shall be appointed by
the Governor for a 2-year term; the remaining members-at-large shall be
appointed for 4-year terms; provided that each succeeding term following the
initial term of all 4 members-at-large shall be 4 years. The Chief Justice
shall designate 1 of the members of the judiciary serving on the Commission to
serve as Chairperson of the Commission.
(b) It shall be the overall purpose of this body to establish a system which emphasizes accountability of the offender to the criminal justice system and accountability of the criminal justice system to the public.
For purposes of this subchapter, the grouping of punishments consistent with the guidelines developed by the Commission shall be known as "accountability levels."
(c) The Commission shall develop sentencing guidelines consistent with the overall goals of ensuring certainty and consistency of punishment commensurate with the seriousness of the offense and with due regard for resource availability and cost. In developing these guidelines, the Commission shall also consider the following additional goals in the priority in which they appear:
(1) Incapacitation of the violence-prone offender;
(2) Restoration of the victim as nearly as possible to the victim's preoffense status; and
(3) Rehabilitation of the offender.
SYNOPSIS
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This bill is the result of a recommendations made by the Joint Sunset Committee relating to the sunset review of the Board of Parole. This bill amends the composition of the Delaware Sentencing Accountability Commission (SENTAC) by adding the Chairperson of the Board of Parole or the Chairperson's designee, as well as the Chairperson of the Board of Pardons or the Chairperson's designee, to serve as members on the Commission. |
Author: Senator Poore
