Bill > HB43

This bill amends Delaware's Title 10 relating to criminal appeal filing procedures, specifically introducing an "inmate mailbox rule" that provides a fair process for incarcerated individuals (pro se inmates) to file appeals. Currently, appeals must be filed within 30 days of a judgment, but the bill creates a new provision allowing inmates to be considered as having filed their appeal on the date they submit it to the institution's internal mail system, rather than the date the court actually receives the document. To qualify, the inmate must: prepay first-class postage, include the appeal in the institution's internal mail system on or before the filing deadline, and obtain a receipt from staff that verifies the date and time of submission. The staff must also provide the inmate with a receipt containing the staff member's name, submission date and time, and case number. This rule ensures that incarcerated individuals have a reasonable opportunity to file timely appeals, mirroring similar federal procedures that recognize the logistical challenges faced by inmates in accessing court systems.

Justice

https://legis.delaware.gov/BillDetail?LegislationId=141870