Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that authorizes individuals to apply for sentence modification based on their serious medical illness, age of 60 years old or older, or completion of at least 15 years of the originally imposed sentence in Delaware.

Highlights:

• Authorizes an individual serving a sentence at Level V in excess of one year to apply for sentence modification if any of the following apply (Sec. 2):

• The application is based solely on the individual’s serious medical illness or infirmity;

• The individual is 60 years of age or older, they have served at least 15 years of the original sentence, and the application is based solely on their rehabilitation; or

• The individual has served at least 25 years of the original sentence and the application is based solely on their rehabilitation.

• Specifies that an individual is not eligible for sentence modification under this Section if either of the following apply (Sec. 2):

• They are serving a sentence for a conviction of a Title 11 violent felony and have not yet served ½ of their original sentence; or

• They are serving a statutorily mandated term for a conviction of an incarceration at Level V, and have not yet served all of the statutorily mandated portion of the sentence.

• Requires a court to consider whether an individual poses substantial risk to a victim or witness of the offense that is subject to sentence modification in its decision (Sec. 2).

• Requires a court to review the facts of an offense, including the circumstances and nature of the offense, when considering it for sentence modification (Sec. 2).

• Requires a court to consider an applicant’s participation in relevant programs for an application of sentence modification based on rehabilitation (Sec. 2).

• Requires a court to consider the following for an application of sentence modification based on serious illness or infirmity (Sec. 2):

• The individual’s diagnosis and likelihood of recovery;

• The ability of the Department of Corrections to meet the individual’s medical needs; and

• The impact that the individual’s continued incarceration may have on the provision of medical care.

• Specifies that this Act takes effect 180 days after passage (Sec. 9).

Signed by Governor Matt Meyer

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that authorizes individuals to apply for sentence modification based on their serious medical illness, age of 60 years old or older, or completion of at least 15 years of the originally imposed sentence in Delaware.

Highlights:

• Authorizes an individual serving a sentence at Level V in excess of one year to apply for sentence modification if any of the following apply (Sec. 2):

• The application is based solely on the individual’s serious medical illness or infirmity;

• The individual is 60 years of age or older, they have served at least 15 years of the original sentence, and the application is based solely on their rehabilitation; or

• The individual has served at least 25 years of the original sentence and the application is based solely on their rehabilitation.

• Specifies that an individual is not eligible for sentence modification under this Section if either of the following apply (Sec. 2):

• They are serving a sentence for a conviction of a Title 11 violent felony and have not yet served ½ of their original sentence; or

• They are serving a statutorily mandated term for a conviction of an incarceration at Level V, and have not yet served all of the statutorily mandated portion of the sentence.

• Requires a court to consider whether an individual poses substantial risk to a victim or witness of the offense that is subject to sentence modification in its decision (Sec. 2).

• Requires a court to review the facts of an offense, including the circumstances and nature of the offense, when considering it for sentence modification (Sec. 2).

• Requires a court to consider an applicant’s participation in relevant programs for an application of sentence modification based on rehabilitation (Sec. 2).

• Requires a court to consider the following for an application of sentence modification based on serious illness or infirmity (Sec. 2):

• The individual’s diagnosis and likelihood of recovery;

• The ability of the Department of Corrections to meet the individual’s medical needs; and

• The impact that the individual’s continued incarceration may have on the provision of medical care.

• Specifies that this Act takes effect 180 days after passage (Sec. 9).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes people to apply for sentence modification based on the person's serious medical illness, age of 60 years old or older, or completion of at least 15 years of the originally imposed sentence.

Highlights:

• Authorizes an individual serving a sentence at Level V in excess of one year to apply for sentence modification if any of the following apply (Sec. 2):

• The application is based solely on the individual’s serious medical illness or infirmity;

• The individual is 60 years of age or older, they have served at least 15 years of the original sentence, and the application is based solely on their rehabilitation; or

• The individual has served at least 25 years of the original sentence and the application is based solely on their rehabilitation.

• Specifies that an individual is not eligible for sentence modification under this Section if either of the following apply (Sec. 2):

• They are serving a sentence for a conviction of a Title 11 violent felony and have not yet served ½ of their original sentence; or

• They are serving a statutorily mandated term for a conviction of an incarceration at Level V, and have not yet served all of the statutorily mandated portion of the sentence.

• Requires a court to consider whether an individual poses substantial risk to a victim or witness of the offense that is subject to sentence modification in its decision (Sec. 2).

• Requires a court to review the facts of an offense, including the circumstances and nature of the offense, when considering it for sentence modification (Sec. 2).

• Requires a court to consider an applicant’s participation in relevant programs for an application of sentence modification based on rehabilitation (Sec. 2).

• Requires a court to consider the following for an application of sentence modification based on serious illness or infirmity (Sec. 2):

• The individual’s diagnosis and likelihood of recovery;

• The ability of the Department of Corrections to meet the individual’s medical needs; and

• The impact that the individual’s continued incarceration may have on the provision of medical care.

• Specifies that this Act takes effect 180 days after passage (Sec. 9).

Full Bill Text