Delaware General Assembly



Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 11, Chapter 43, Delaware Code, is hereby amended by adding a new Section 4353 to read as follows:

§ 4353. Psychiatric examinations required prior to parole

(a) No person who has been convicted of and imprisoned for murder, voluntary manslaughter, rape, kidnapping, abducting a child, poisoning with intent to harm, robbery, burglary in the first degree, burglary in the second degree, mayhem, arson, assault with intent to commit murder, to rape or to rob, or for an attempt as provided by statute to commit any of same, shall be released from incarceration by the Parole Board until the Parole Board has considered psychiatric and clinical studies of such person, and the Board is satisfied that he is free of any tendency to commit again the crime for which he was committed, or to violate any other law of this State.

() Prior to consideration for release by the Parole Board of any person who has been incarcerated for any of the crimes stated in subsection (a) hereof, such person shall be adequately examined by a physician who has practiced psychiatry; and such person shall undergo adequate psychological clinical studies for a period of not less than 30 days within a 5-month period immediately preceding consideration of such person's release by the Parole Board. The Director of the Division of Correction may request the Director of the Division of Mental Health and Mental Retardation to cause examination and studies to be made.

(a) Pursuant to the provisions of subsections (a) and (b) hereof, the examining psychiatrist shall furnish each member of the Parole Board a copy of the report of his findings, of his opinion as to physical, mental and emotional health of the person who is being considered for release, and of his opinion of the probability of such person again committing a crime similar to the one for which he was incarcerated or of violating any other law of this State.

(d) Nothing herein shall preclude the parole of a person for treatment in another institution because of his physical or mental condition, as provided in Section 4346 of this Chapter.

(e) In the event that examination and clinical studies, as provided in subsections (a), (b) and (c) hereof cannot be made at the correctional institution, the prisoner may be transferred under adequate security safeguards to the Delaware State Hospital for such examination and studies.

Section 2. This Act shall become effective on the date the Governor designates by Executive Order that the five members of the new Parole Board, as constituted under Title 11, Section 4341, Delaware Code, as amended by Senate Bill No. 516 of the 125th General Assembly, have been selected and are ready to serve in this capacity.

Approved June 25, 1970.