Delaware General Assembly

Defeated 6/28/11

The General Assembly has ended, the current status is the final status.

2/24/11

B. Short

Sen. Katz

Reps. Brady, Briggs King, Hudson, Jaques, Q. Johnson, Lavelle, Longhurst, Mulrooney, Schooley, Schwartzkopf, Scott, Viola, D.E. Williams, D.P. Williams
Sen. Booth, Bushweller, McBride, F Simpson, Sorenson

AN ACT TO AMEND TITLES 1, 11, 16 AND 29 OF THE DELAWARE CODE RELATING TO THE DISSOLUTION OF THE BOARD OF PAROLE AND TRANSFER OF THE BOARD’S RESPONSIBILITIES.

This Act dissolves the State Board of Parole and transfers its statutory functions to the Institutional Release Classification Board ("IRCB") and the courts. This Act does not alter or narrow eligibility for parole, nor does it limit the procedural rights or remedies available to parolees. In addition, victims will have the same right of notice and opportunity to be heard as they currently have with respect to Board of Parole hearings. Under the Truth in Sentencing (TIS) Act, the parole system was abolished for offenses committed after June 30, 1990. As a result, the caseload of the Board of Parole has decreased dramatically over the past two decades in its core areas of responsibility. As of November 2010, there were only 247 inmates in state prisons eligible for parole and 350 parolees under parole supervision. These numbers equate to approximately 5% of total incarcerated sentenced inmates and 2% of total offenders supervised in the community. Under this Act, the Board of Parole’s authority to conduct parole and conditional release hearings will be transferred to the IRCB. In addition, the Board currently has the authority to determine whether an individual has violated the terms of his or her parole, and what sanctions to impose. Under this Act, the Department of Correction will hold a hearing to determine whether there is probable cause to believe a violation exists. If so, then the sentencing court will hold a full hearing to determine whether a violation actually occurred. In addition, the Board of Parole’s authority to hear appeals of certain sex offender tier designations will be transferred to the Sex Offender Management Board, which has significant expertise in this area. The Board’s advisory functions (i.e., to the Board of Pardons) will be transferred to the IRCB.

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