Bill > SB10

This bill, known as the Richard 'Mouse' Smith Compassionate Release Act, comprehensively reforms Delaware's sentence modification process for incarcerated individuals. The bill establishes detailed criteria for individuals to apply for sentence modifications, including provisions for those with serious medical illnesses, older inmates, and long-term prisoners who can demonstrate rehabilitation. Specifically, persons may be eligible for sentence modification if they are 60 years or older and have served at least 15 years, or have served 25 years, based on their rehabilitation. The bill also provides clear definitions for terms like "good cause," "rehabilitation," and "serious medical illness or infirmity," which include conditions such as being terminally ill, cognitively incapacitated, or permanently physically impaired. The Department of Correction must biennially review inmates' eligibility, and if recommending modification, must file an application with the court. The bill requires courts to consider multiple factors when reviewing modifications, including the nature of the original offense, the person's current risk to the community, and their participation in rehabilitation programs. Additionally, the bill mandates annual reporting on sentence modification applications, providing transparency about the process. The legislation aims to create a more compassionate and nuanced approach to incarceration by allowing sentence modifications under specific, well-defined circumstances.

Budget and Finance, Government Affairs

https://legis.delaware.gov/BillDetail?LegislationId=142014