An Act To Amend Title 11 Of The Delaware Code Relating To Probation And Sentencing Procedures.

HB 285 An Act To Amend Title 11 Of The Delaware Code Relating To Probation And Sentencing Procedures

Delaware 148th General Assembly

An Act To Amend Title 11 Of The Delaware Code Relating To Probation And Sentencing Procedures.
HB-285


About HB-285

Under current Delaware law the Department of Corrections has the power to increase or decrease a probationer’s Accountability Level between I, II and III without leave of the court. This bill would allow the Department to continue to lower the Accountability Level without leave of the court where it determines an offender is sufficiently low risk, but would require the Department to seek leave where it seeks to increase the supervision level without filing a violation of probation. The courts sentence offenders with full knowledge of the facts of an offender’s current crime, criminal history, and plea conditions at sentencing. Where the court has made an informed decision regarding the appropriate supervision level, it is inappropriate to override the court’s discretion and increase the terms of sentence without leave.

  

Bill Texts

Draft 03/10/2016

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History

Introduced And Assigned To Corrections Committee In House

03/10/2016