Delaware 153rd General Assembly (2025-2026) Status: Enacted Bipartisan · 16 D · 2 R cosponsors

SB 10 — AN ACT TO AMEND TITLE 11 AND TITLE 29 OF THE DELAWARE CODE RELATING TO MODIFICATION OF SENTENCES OF INCARCERATION.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced May 20, 2025. Enacted.

Signed by Governor Matt Meyer (Democratic) on July 14, 2025.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 20 sponsors

    20 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (16 D · 2 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Currently, the Department of Correction (“Department”) biennially reviews individuals sentenced to more than 1 year of incarceration to determine if there is good cause to recommend a sentence modification to the Board of Parole for an individual who is not a substantial risk to the community or the individual’s self. Good cause includes the individual’s rehabilitation, serious medical illness or infirmity, and prison overcrowding. While any individual is eligible for consideration due to a serious medical illness or infirmity, only those who have served at least ½ of their sentence for a violent felony or all of the statutorily mandated term of incarceration are eligible for consideration for rehabilitation, prison overcrowding, or another reason. If the Department recommends an individual for sentence modification, the Board of Parole considers the application and, if the Board approves, the sentencing court then makes a final determination on the sentence modification. This Act, which is named in honor of Richard “Mouse” Smith, a Delaware civil rights leader, who spent decades advocating on issues addressed by this Act, is a substitute for Senate Bill No. 10. Like Senate Bill No. 10, this Act revises the process for sentence modification in 3 ways. First, this Act removes the Board of Parole from the sentence modification process and provides that applications for sentence modification are made directly to the sentencing court. Second, this Act provides that an individual who is sentenced to incarceration for more than 1 year may seek a sentence modification in 3 circumstances: (1) The application for a sentence modification is based solely on the person’s serious medical illness or infirmity. (2) The person is 60 years of age or older, has served at least 15 years of the originally imposed Level V sentence, and the application for sentence modification is based solely on the person’s rehabilitation. (3) The person has served at least 25 years of the originally imposed Level V sentence and the application for sentence modification is based solely on the person’s rehabilitation. Third, this Act provides that an individual who is sentenced to incarceration for more than 1 year and whose sentence is reviewed by the Department, but who the Department does not recommend for sentence modification, may directly apply to the court for a sentence modification. Like Senate Bill No. 10, this Act also makes clear that the Department and sentencing court must consider if a sentence modification resulting in the release of an individual who is incarcerated would constitute a substantial risk to a victim of, or witness to, an offense that is the subject of the sentence modification and that the sentencing court must provide an opportunity for the victim and the Department of Justice to be heard. This Act differs from Senate Bill No. 10 as follows: (1) Providing that a person is not eligible for a sentence modification under this Act if the person is serving a statutorily mandated term of incarceration at Level V for a conviction of any offense under this title and has not yet served all of the statutorily mandated portion of the Level V sentence. Senate Bill No. 10 provided the person was not eligible until the person had served ½ of the statutorily mandated portion of the Level V sentence. (2) Making clear that the person’s attorney may file the sentence modification for the person. (3) Making clear that an application for a sentence modification may be filed by those who have served the period of incarceration provided under paragraph (a)(5) and have good cause. (4) Requiring the Department, on completion of the Department’s eligibility review under paragraph (d)(1), to provide the person with information regarding the person’s right to counsel. (5) Providing that the person may retain a private attorney at the person's own expense or request the court refer the person to the Office of Defense Services, and that the person may proceed without an attorney only as provided under court rules. (6) Requiring the Department to biennially conduct the eligibility review required under paragraph (d)(1). Senate Bill No. 10 would have required the Department to make these determinations annually. (7) Requiring the Department to provide to the court, with an application for sentence modification the Department files, a written statement of the satisfied requirements under this Act that form the Department’s basis for recommending the sentence modification. (8) Requiring the Department to provide to the person, the person’s attorney of record, or the Office of Defense Services a written statement of the Department’s reasons for not recommending a sentence modification, including the unsatisfied requirements of this Act that form the Department’s basis for not recommending the sentence modification. (9) Authorizing the court to summarily dismiss an application that does not include the statements from the Department required by this Act, except for an application based solely on the person’s serious medical illness or infirmity. (10) Authorizing the court to summarily dismiss an application if the court determines summary dismissal is warranted. (11) Giving the court discretion to determine how long a person whose application for sentence modification is denied because the court determines the person constitutes a substantial risk to the community or the person’s application lacks good cause. This Act provides the period set by the court may not exceed 3 years. (12) Making clear that if the court denies an application for sentence modification based on a person’s serious medical illness or infirmity, the person may submit a subsequent application if at least 60 days have passed since the date of the court’s denial and if the application demonstrates a material change in the person’s circumstances.

Bill Text

What changed in the latest version

401 added · 13 removed

Plain-language change summary

The amendment clarifies the criteria that a court must consider when addressing a motion for sentence modification under compassionate release. Specifically, it requires the court to take into account the underlying circumstances and nature of the offense, the felony classification of the offense, and the length of the underlying sentence. This change matters because it provides a more comprehensive framework for courts to evaluate applications for sentence modifications, ensuring that various factors are considered in the decision-making process.

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Rep.
Sen.
Minor-Brown HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Townsend & Sen.
3 TO SENATE SUBSTITUTE NO.
Pinkney & Rep.
Minor-Brown Sens.
Cruce, Hoffner, Lockman, Seigfried, Sokola, Sturgeon;
Reps.
Bolden, Chukwuocha, Cooke, Gorman, Harris, Heffernan, Lambert, Morrison, Neal, Ortega, Phillips, Romer, Ross Levin, Kamela Smith, Snyder-Hall DELAWARE STATE SENATE 153rd GENERAL ASSEMBLY SENATE SUBSTITUTE NO.
10 AMEND Senate Substitute No.
10 AN ACT TO AMEND TITLE 11 AND TITLE 29 OF THE DELAWARE CODE RELATING TO MODIFICATION OF SENTENCES OF INCARCERATION.
1 for Senate Bill No.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
10 on line 46 by deleting "modification" as it appears therein and inserting in lieu thereof "modification, including the underlying circumstances and nature of the offense, the felony classification of the offense, the length of the underlying sentence,".
Section 1.
SYNOPSIS This Amendment clarifies that in addressing a motion for sentence modification under compassionate release, the court must consider the underlying circumstances and nature of the offense, the felony classification of the offense, and the length of the underlying sentence in addition to the other requirements contained in Senate Substitute No.
This Act may be cited at the “Richard ‘Mouse’ Smith Compassionate Release Act”.
1 to Senate Bill No.
Section 2.
Amend § 4217, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4217.
Jurisdiction over sentence retained.
retained;
sentence modification process.
(a)(1) For purposes of this section, “person” means an individual serving an aggregate sentence of incarceration at Level V in excess of 1 year.
(2) In any case where the trial court has imposed If a court imposes an aggregate sentence of incarceration at Level V in excess of 1 year, the court shall retain retains jurisdiction over the person to modify the sentence to reduce the level of custody or time to be served under the provisions of this section.
served under this section.
(3) A person may apply for a sentence modification under this section if any of the following apply:
a.
The application for a sentence modification is based solely on the person’s serious medical illness or infirmity.
b.
The person is 60 years of age or older, has served at least 15 years of the originally imposed Level V sentence, and the application for sentence modification is based solely on the person’s rehabilitation.
c.
The person has served at least 25 years of the originally imposed Level V sentence and the application for sentence modification is based solely on the person’s rehabilitation.
(4) A person who is eligible to apply for a sentence modification under paragraph (a)(3) of this section may apply for the sentence modification even if the person is sentenced to a statutorily mandated term of incarceration at Level V that is imposed for a conviction of an offense under this or another title.
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05/20/2025 08:30 AM (5) Except as provided in paragraphs (a)(3) and (a)(4) of this section, a person is not eligible for a sentence modification under this section if any of the following apply:
a.
The person is serving a sentence of incarceration at Level V imposed for a conviction of a Title 11 violent felony under § 4201(c) of this title and has not yet served ½ of the originally imposed Level V sentence.
b.
The person is serving a statutorily mandated term of incarceration at Level V for a conviction of any offense under this title and has not yet served all of the statutorily mandated portion of the Level V sentence.
(b)(1) The court may modify the person’s sentence solely on the basis of an application filed by the Department of Correction for good cause shown which certifies that the if the court finds all of the following:
a.
The court is authorized under subsection (a) of this section to consider the person for a sentence modification.
b.
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Good cause for a sentence modification.
c.
The release of the defendant shall person does not constitute a substantial risk to any of the following:
1.
the community or The community.
2.
A victim of, or witness to, an offense that is the subject of the sentence modification.
3.
the defendant’s The person’s own self.
(2) An application for sentence modification may be filed under this section by any of the following:
a.
The person, or the person’s attorney, as provided under paragraph (a)(3) or (a)(5) of this section.
b.
The Department of Correction (“Department”), the person, or the person’s attorney, as provided under subsection (d) of this section.
c.
The Department, the person, or the person’s attorney, at any time other than as provided under subsection (d) of this section, if the basis for the application is the person’s serious medical illness or infirmity.
(3)a.
Except as provided under paragraph (b)(3)b.
of this section, an application must include a copy of the Department’s written statement required under paragraph (d)(2)b.
or (d)(3)a.
of this section.
b.
An application filed under paragraph (a)(3)a.
of this section is not required to include a copy of the Department’s written statement required under paragraph (d)(2)b.
or (d)(3)a.
of this section.
(4) The court’s review of an application for sentence modification filed under this section shall include the court’s review of the facts of an offense that is the subject of the sentence modification and the court’s finding as to all of the following:
a.
The person’s present likelihood of posing, and ability to pose, a substantial risk to any of the following:
1.
The community.
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A victim of, or witness to, an offense that is the subject of the sentence modification.
3.
The person’s own self.
b.
For an application for a sentence modification based on rehabilitation, the person’s participation in programs during incarceration, including drug or alcohol counseling or treatment, education, or employment.
c.
For an application for a sentence modification based on serious medical illness or infirmity, all of the following:
1.
The person’s diagnosis and likelihood of recovery.
2.
The ability of the Department to meet the medical needs of the person.
3.
The impact that the person’s continued incarceration may have on the general provision of medical care within the Department.
(5) The court shall state on the record the court’s findings under paragraphs (b)(1) and (b)(4) of this section and the court’s rationale for granting or denying the application for sentence modification.
(6) The court may summarily dismiss an application for a sentence modification for any of the following reasons:
a.
If the person is not eligible for a sentence modification under subsection (a) of this section.
b.
If the person submits a subsequent application before the expiration of the period determined by the court under paragraph (e)(4) or (e)(5) of this section.
c.
If the person’s application does not include a copy of the Department’s written statement, as required under paragraph (b)(3) of this section.
d.
If the court determines summary dismissal is warranted.
(7) A person applying for sentence modification under this section has the right to counsel.
a.
On the Department’s completion of the eligibility review under paragraph (d)(1) of this section, the Department shall provide the person with information regarding the person’s right to counsel under this section.
b.
The person may retain a private attorney at the person’s expense.
c.
The person may request that the Court refer the person to the Office of Defense Services for representation.
The Court shall refer the person to the Office of Defense Services if the Court does not summarily dismiss the person’s application under paragraph (b)(6) of this section.
d.
The person may proceed without an attorney only as provided under court rules.
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05/20/2025 08:30 AM 78 (8) The Department shall provide the person, or the person’s attorney of record, with access to any information in the possession of the Department reasonably necessary for the person’s application for a sentence modification.
(9) The person, or the person’s attorney of record, may supplement or amend an application for a sentence modification filed by the Department or the person.
(10) A party filing an application for sentence modification under this section must provide a copy of the application to the Department of Justice.
(11) The court may adopt rules to implement this section.
The rules should provide for a person to proceed without an attorney with permission of the court.
(c) For purposes of this section:
(1) Good cause under this section shall include, but not be limited to, “Good cause” includes rehabilitation of the offender, person, serious medical illness or infirmity of the offender person, and prison overcrowding.
(2) “Prison overcrowding” means the number of individuals who are incarcerated exceeds the operating capacity of a correctional facility that can be reasonably accommodated based on design, staffing, available programs, and services.
(3) “Rehabilitation” means the process of restoring a person to a useful and constructive place in society especially through some form of vocational, correctional, or therapeutic training.
(4) “Serious medical illness or infirmity” includes all of the following:
a.
Cognitively incapacitated.
As used in this paragraph (c)(4)a., “cognitively incapacitated” means suffering from a cognitive condition, such as dementia, that greatly impairs activities of daily living such as feeding, toileting, dressing, and bathing and renders incarceration of a person non-punitive and non-rehabilitative.
b.
Permanently physically incapacitated.
As used in this paragraph (c)(4)b., “permanently physically incapacitated” means suffering from any of the following:
1.
A physical condition caused by injury, disease, or illness, such as a persistent vegetative state, that, to a reasonable degree of medical certainty, permanently and irreversibly physically incapacitates the person to the extent that the person needs help with most activities of daily living, such as feeding, toileting, dressing, and bathing, or that no significant physical activity is possible.
2.
An incurable, progressive condition that substantially diminishes the person’s capacity to function in a correctional setting.
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Severely ill.
As used in this paragraph (c)(4)c., “severely ill” means suffering from a significant and permanent or chronic physical or mental condition that meets all of the following:
1.
Requires extensive medical or behavioral health treatment with little to no possibility of recovery.
2.
Significantly impairs rehabilitation.
d.
Terminally ill.
As used in this paragraph (c)(4)d., “terminally ill” means suffering from a condition caused by disease, illness, or injury, except self-inflicted injury, which, to a reasonable degree of medical certainty will lead to profound functional, cognitive, or physical decline, and likely will result in death within 18 months.
(d)(1) Any application filed by the Department of Correction under this section shall be filed with the Board of Parole.
The Board of Parole shall have the authority to promulgate reasonable regulations concerning the form and content of said applications.
The Board of Parole may require the Department of Correction to provide it with any information in the possession of the Department reasonably necessary for the Board to assess such applications.
For each person, the Department shall biennially determine all of the following:
a.
If the person may apply for a sentence modification under paragraph (a)(3) of this section or is not ineligible for a sentence modification under paragraph (a)(5) of this section.
b.
Whether the Department recommends the person for a sentence modification.
For the Department to recommend a person for a sentence modification, the Department must find the requirements of paragraphs (b)(1)b.
and (b)(1)c.
of this section are met.
(2) Following the receipt of any application for modification filed by the Department of Correction which conforms with any regulations and requirements of the Board of Parole promulgated pursuant to paragraph (d)(1) of this section, the Board of Parole shall hold a hearing under the provisions of § 4350(a) of this title for the purpose of making a recommendation to the trial court as to the approval or disapproval of the application.
This hearing shall not be held unless written notice of the hearing is provided to the Attorney General’s office at least 30 days prior to scheduled hearing date.
A copy of the Department of Correction’s application for modification shall be provided to the Attorney General’s office along with written notice of the hearing date.
If the Department recommends a sentence modification, the Department, with the consent of the person, shall do all of the following:
a.
File an application for sentence modification with the court.
b.
Include with the application filed under paragraph (d)(2)a.
of this section a written statement of the satisfied requirements of this section that form the Department’s basis for recommending the sentence modification.
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Provide notice of the application filed under paragraph (d)(2)a.
of this section to the person, the person’s attorney of record, and, if the attorney of record is unavailable to receive notice, the Office of Defense Services.
(3) Following the hearing described in paragraph (d)(2) of this section, the Board of Parole may reject an application for modification if it determines that the defendant constitutes a substantial risk to the community, or if it determines that the application is not based on good cause.
Notwithstanding any provisions of this section to the contrary, any application rejected pursuant to this paragraph shall not be forwarded to the Superior Court, and any offender who is the subject of such rejected application shall not be the subject of a subsequent application for modification for at least 1 year, except in the case of serious medical illness or infirmity of said offender.
If the Department does not recommend a sentence modification, the Department shall do all of the following:
a.
State in writing the Department’s reasons for not recommending a sentence modification, including the unsatisfied requirements of this section that form the Department’s basis for not recommending the sentence modification.
b.
Provide the writing required under paragraph (d)(3)a.
of this section to the person, the person’s attorney of record, and, if the attorney of record is unavailable to receive notice, the Office of Defense Services.
(4) Only in those cases where the Board by a majority vote recommends a modification of the sentence shall the application be submitted to the Court for consideration.
If the Department provides notice under paragraph (d)(3) of this section, the person or the person’s attorney may file an application for sentence modification with the court on a form provided by the court if the person meets the eligibility criteria established under paragraph (a)(3) or (a)(5) of this section.
The person or the person’s attorney shall attach a copy of the Department’s reasons for not recommending a sentence modification.
(e)(1) Upon On receipt of the recommendation of the Board of Parole, an application for sentence modification, the court may in its discretion grant or deny the application for modification of sentence.
or may request additional information.
The Court may request additional information, but need not hold further hearings on the application.
(2) If the application for sentence modification is based on the person’s serious medical illness or infirmity, the court may require the Department to submit a medical release plan for the person.
The medical release plan may include all of the following:
a.
The proposed course of treatment.
b.
The proposed site for treatment and post-treatment care.
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The insurance program in place, which must include the person’s eligibility for enrollment in commercial insurance, Medicare, or Medicaid, or the person’s access to other adequate financial resources to cover the cost of care after release, including those under existing partnerships with agencies or organizations.
d.
Any other information requested by the court.
(3) The Court shall not act upon the application court may not grant the application for sentence modification without first providing the Attorney General’s office Department of Justice and the victim of an offense that is the subject of the application with a reasonable period of time to be heard on the matter.
heard, in writing or in person, on the application.
(4) Should the Court deny the application because of a determination that the defendant Except as provided under paragraph (e)(5) of this section, if the court denies an application for sentence modification because the court finds the person constitutes a substantial risk to the community, under paragraph (b)(1)c.
of this section, or because it determines the court finds that the application lacks good cause, the defendant person who is the subject of the denied application shall may not be the subject of a subsequent application for sentence modification for at least 1 year, except in the case of serious medical illness or infirmity of the defendant.
a period determined by the court not to exceed 3 years from the date of the denial.
(5) If the court denies an application for sentence modification based on a person’s serious medical illness or infirmity, the person may submit a subsequent application if at least 60 days have passed since the date of the court’s denial and if the application demonstrates a material change in the person’s circumstances.
(f) Notwithstanding any provision of this section to the contrary, in the case of any offender who is serving a sentence of incarceration at Level V imposed pursuant to a conviction for any crime, the Court may order that said offender shall be ineligible for sentence modification pursuant to this section until a specified portion of said Level V sentence has been served, except that no offender who is serving a sentence of incarceration at Level V imposed pursuant to a conviction for a violent felony in Title 11 shall be eligible for sentence modification pursuant to this section until the offender has served at least2/ of the originally imposed Level V sentence, and no offender who is serving a statutory mandatory term of incarceration at Level V imposed pursuant to a conviction for any offense set forth in Title 11 shall be eligible for sentence modification pursuant to this section during the mandatory portion of said sentence.
Nothing in this paragraph shall preclude a sentence modification pursuant to this section which is based solely upon serious medical illness or infirmity of the offender.
[Transferred to subsection (a) of this section.] (g) Nothing contained in this section shall be This section may not be construed to limit the court’s ability to modify a sentence within the scope of the trial court’s duly promulgated adopted rules.
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05/20/2025 08:30 AM (h) For purposes of this section, “rehabilitation” is defined as the process of restoring an individual to a useful and constructive place in society especially through some form of vocational, correctional, or therapeutic retraining.
The Department shall adopt regulations to implement this section.
The Department may not impose additional restrictions, exclusions, or eligibility requirements for persons seeking sentence modification under this section.
(i) Reporting requirements.
(1) The Statistical Analysis Center shall annually prepare a report containing all of the following information provided to the Statistical Analysis Center by the following state agencies:
a.
From the Department, aggregated information including all of the following:
1.
The number of persons who the Department determines under paragraph (d)(1)a.
of this section are eligible for a sentence modification, with demographic data including race or ethnicity, gender, age, and correctional facility.
2.
The number of applications submitted to the court by the Department under paragraph (d)(2) of this section and the basis for the application, with demographic data including race or ethnicity, gender, age, and correctional facility.
3.
The number of persons for whom the Department did not recommend a sentence modification under paragraph (d)(3) of this section and a general reason for the Department’s decision, with demographic data including race or ethnicity, gender, age, and correctional facility.
4.
The number of persons released from Level V custody under this section and the good cause on which the application is based, with demographic data including race or ethnicity, gender, age, and correctional facility.
5.
Information on serious medical illness and infirmity experienced by persons incarcerated at the Department’s correctional facilities, including all of the following:
A.
The number of persons currently receiving full-time one-on-one medical care or assistance with activities of daily living within the Department’s correctional facilities and whether that care is provided by a medical practitioner or another individual, along with the facilities at which the persons are incarcerated.
B.
The number of persons who spent more than 1 month in outside hospital care during the previous year and the persons’ home correctional facility.
C.
Demographic data, including race or ethnicity, gender, age, and correctional facility, for each person under paragraphs (i)(1)a.5.A.
and (i)(1)a.5.B of this section.
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From the courts, all of the following:
A.
The number of persons granted a sentence modification under this section.
B.
The number of persons denied a sentence modification on the merits under this section.
C.
The number of persons whose application for sentence modification is summarily dismissed under paragraph (b)(6) of this section.
2.
The Statistical Analysis Center shall report the data provided by the courts and use the data provided by the courts to report aggregated demographic data including race or ethnicity, gender, age, and correctional facility, and the good cause on which each application is based.
(2) The Statistical Analysis Center shall annually publish the report on the Statistical Analysis Center’s website and submit the report to all of the following not later than October 1 of each year:
a.
The Chair of the Senate Corrections & Public Safety Committee.
b.
The Chair of the House of Representatives Corrections Committee.
c.
The Chief Justice.
d.
The Attorney General.
e.
The Chief Defender.
f.
The Director of the Division of Legislative Services.
g.
The State Archivist.
h.
The Governor.
Section 3.
Amend § 4204, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4204.
Authorized disposition of convicted offenders.
(k)(1) Except as provided in this subsection, notwithstanding any statute, rule, regulation or guideline to the contrary, the court may direct as a condition to a sentence of imprisonment to be served at Level V or otherwise that all or a specified portion of said sentence shall be served without benefit of any form of early release, good time, furlough, work release, supervised custody or any other form of reduction or diminution of sentence.
(2) For the purposes of this subsection, statutes which authorize early release, good time, furlough, work release, supervised custody, or reduction or diminution of sentence include but are not limited to §§ 4205(h) and (i), 4206(g) and (h), 4217, 4381, 6533, 6533A [repealed] and 6537-6539 of this title.
title, but do not include § 4217 of this title.
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05/20/2025 08:30 AM (3) The provisions of this subsection shall be applicable only to sentences of imprisonment at Level V for 1 year or less, or to sentences of imprisonment at Level V which are equal to the statutory maximum Level V sentence available for the crime or offense.
Section 4.
Amend § 4346, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4346.
Eligibility for parole.
(e) Whenever the physical or mental condition of any person confined in any institution demands treatment which the Department cannot furnish, the Department may, if such action seems necessary for the well-being of such person, recommend If good cause for release on the grounds of serious medical illness or infirmity would exist under § 4217 of this title, the Department shall recommend, or the person seeking release may request, that the person’s case be considered by the Board of Parole at a regular or special meeting.
When such the case is so considered, the Board of Parole, if satisfied that removal from the institution is necessary for the well-being of such person, good cause exists and that the release of the person does not constitute a substantial risk under § 4217(b)(1)c.
of this title, may order the release of such the person on parole without regard to the time already served by such the person.
The Board of Parole shall parole in such case only when arrangements have been made for the treatment of the person in some institution.
The Board of Parole may impose any conditions of parole in such case, on the person and may revoke such the person’s parole without hearing at any time and for any cause, cause and order the return of the person to the Department.
Section 5.
Amend § 6531, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 6531.
Treatment and rehabilitation programs.
(e) Inmates required to participate in compulsory programs of drug or alcohol counseling or treatment established by the Department pursuant to this section shall not be eligible for parole nor shall the Department apply for modification of sentence until successfully completing such programs.
Inmates An inmate’s refusal to participate in compulsory programs of drug or alcohol counseling or treatment established by the Department does not prohibit an application for sentence modification under § 4217 of this title or eligibility for parole under § 4346(e) of this title, but may be considered by the court under § 4217(b) of this title.
An inmate refusing to participate in such compulsory programs shall further be of drug or alcohol counseling or treatment established by the Department is subject to such other disciplinary measures as the Commissioner shall may establish by regulation.
Section 6.
Amend § 6531A, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
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Education programs.
(e) Inmates required to participate in compulsory programs of education as established under this section shall not be eligible for parole nor shall the Department of Correction apply for a modification of sentence until successfully obtaining a high school diploma or G.E.D.
Inmates An inmate’s refusal to participate in compulsory programs of education established under this section does not prohibit an application for sentence modification under § 4217 of this title or eligibility for parole under § 4346(e) of this title, but may be considered by the court under § 4217(b) of this title.
An inmate refusing to participate in such compulsory programs of education established under this section shall be is subject to such disciplinary measures as the Commissioner of Correction shall may establish by regulation.
Section 7.
Amend § 6532, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 6532.
Work by inmates.
(j) Inmates An inmate’s refusal to participate in compulsory programs of employment established by the Department does not prohibit an application for sentence modification under § 4217 of this title or eligibility for parole under § 4346(e) of this title, but may be considered by the court under § 4217(b) of this title.
An inmate refusing to participate in compulsory programs of employment established by the Department pursuant to this program shall not be eligible for parole nor shall the Department apply for modification of sentence, and shall further be under this section is subject to such other disciplinary measures as the Commissioner may establish by regulation.
Section 8.
Amend § 4604, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4604.
Representation of indigent persons.
When representing an indigent person, the Office of Defense Services shall:
shall do all of the following:
(1) Counsel and defend the indigent person, whether held in custody without commitment or charged with a criminal offense, at every stage of the proceedings following arrest;
and arrest.
(2) Prosecute any appeals or other remedies before or after conviction that the Chief Defender considers to be in the interest of justice.
justice or as authorized by statute.
Section 9.
This Act takes effect 180 days after the Act’s enactment into law.
SYNOPSIS Currently, the Department of Correction (“Department”) biennially reviews individuals sentenced to more than 1 year of incarceration to determine if there is good cause to recommend a sentence modification to the Board of Parole for an individual who is not a substantial risk to the community or the individual’s self.
Good cause includes the individual’s rehabilitation, serious medical illness or infirmity, and prison overcrowding.
While any individual is eligible for consideration due to a serious medical illness or infirmity, only those who have served at least ½ of their sentence for a violent felony or all of the statutorily mandated term of incarceration are eligible for consideration for rehabilitation, prison DLS :
MJC :
CM Page 11 of 12 Released:
05/20/2025 08:30 AM overcrowding, or another reason.
If the Department recommends an individual for sentence modification, the Board of Parole considers the application and, if the Board approves, the sentencing court then makes a final determination on the sentence modification.
This Act, which is named in honor of Richard “Mouse” Smith, a Delaware civil rights leader, who spent decades advocating on issues addressed by this Act, is a substitute for Senate Bill No.
HD :
Like Senate Bill No.
GOG :
10, this Act revises the process for sentence modification in 3 ways.
SCD Page 1 of 1 Released:
First, this Act removes the Board of Parole from the sentence modification process and provides that applications for sentence modification are made directly to the sentencing court.
06/26/2025 06:35 PM 0131530081
Second, this Act provides that an individual who is sentenced to incarceration for more than 1 year may seek a sentence modification in 3 circumstances:
(1) The application for a sentence modification is based solely on the person’s serious medical illness or infirmity.
(2) The person is 60 years of age or older, has served at least 15 years of the originally imposed Level V sentence, and the application for sentence modification is based solely on the person’s rehabilitation.
(3) The person has served at least 25 years of the originally imposed Level V sentence and the application for sentence modification is based solely on the person’s rehabilitation.
Third, this Act provides that an individual who is sentenced to incarceration for more than 1 year and whose sentence is reviewed by the Department, but who the Department does not recommend for sentence modification, may directly apply to the court for a sentence modification.
Like Senate Bill No.
10, this Act also makes clear that the Department and sentencing court must consider if a sentence modification resulting in the release of an individual who is incarcerated would constitute a substantial risk to a victim of, or witness to, an offense that is the subject of the sentence modification and that the sentencing court must provide an opportunity for the victim and the Department of Justice to be heard.
This Act differs from Senate Bill No.
10 as follows:
(1) Providing that a person is not eligible for a sentence modification under this Act if the person is serving a statutorily mandated term of incarceration at Level V for a conviction of any offense under this title and has not yet served all of the statutorily mandated portion of the Level V sentence.
Senate Bill No.
10 provided the person was not eligible until the person had served ½ of the statutorily mandated portion of the Level V sentence.
(2) Making clear that the person’s attorney may file the sentence modification for the person.
(3) Making clear that an application for a sentence modification may be filed by those who have served the period of incarceration provided under paragraph (a)(5) and have good cause.
(4) Requiring the Department, on completion of the Department’s eligibility review under paragraph (d)(1), to provide the person with information regarding the person’s right to counsel.
(5) Providing that the person may retain a private attorney at the person's own expense or request the court refer the person to the Office of Defense Services, and that the person may proceed without an attorney only as provided under court rules.
(6) Requiring the Department to biennially conduct the eligibility review required under paragraph (d)(1).
Senate Bill No.
10 would have required the Department to make these determinations annually.
(7) Requiring the Department to provide to the court, with an application for sentence modification the Department files, a written statement of the satisfied requirements under this Act that form the Department’s basis for recommending the sentence modification.
(8) Requiring the Department to provide to the person, the person’s attorney of record, or the Office of Defense Services a written statement of the Department’s reasons for not recommending a sentence modification, including the unsatisfied requirements of this Act that form the Department’s basis for not recommending the sentence modification.
(9) Authorizing the court to summarily dismiss an application that does not include the statements from the Department required by this Act, except for an application based solely on the person’s serious medical illness or infirmity.
(10) Authorizing the court to summarily dismiss an application if the court determines summary dismissal is warranted.
(11) Giving the court discretion to determine how long a person whose application for sentence modification is denied because the court determines the person constitutes a substantial risk to the community or the person’s application lacks good cause.
This Act provides the period set by the court may not exceed 3 years.
(12) Making clear that if the court denies an application for sentence modification based on a person’s serious medical illness or infirmity, the person may submit a subsequent application if at least 60 days have passed since the date of the court’s denial and if the application demonstrates a material change in the person’s circumstances.
Author:
Senator Townsend DLS :
MJC :
CM Page 12 of 12 Released:
05/20/2025 08:30 AM 4801530095
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Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 19 YES 2 NO

  3. Passed By House. Votes: 28 YES 12 NO 1 VACANT

  4. Amendment HA 3 to SS 1 - Passed In House by Voice Vote

  5. Amendment HA 2 to SS 1 - Stricken in House

  6. Amendment HA 1 to SS 1 - Stricken in House

  7. Reported Out of Committee (Appropriations) in House with 1 Favorable, 3 On Its Merits

  8. Assigned to Appropriations Committee in House

  9. Reported Out of Committee (Administration) in House with 3 On Its Merits

  10. Assigned to Administration Committee in House

  11. Passed By Senate. Votes: 15 YES 5 NO 1 ABSENT

  12. was introduced and adopted in lieu of SB 10

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

20 sponsors · 0 co-sponsors · 42 not signed on · 15 voted No

Sponsors (20)

Co-sponsors (0)

None.

Not signed on (42)

42 members have not signed on to this bill.

Show all 42 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 19 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 15000
Republican 4200
Total 19200
% of votes cast 90%10%0%0%
How each member voted (21)
Member Party Vote
Bryan Townsend Democratic Yea
Daniel Cruce Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Ray Seigfried Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Nay
Eric Buckson Republican Yea
Gerald W. Hocker Republican Nay

Official roll call →

SM

Passed 28 Yea · 12 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 26000
Republican 21200
Total 281200
% of votes cast 70%30%0%0%
How each member voted (40)
Member Party Vote
Claire Snyder-Hall Democratic Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Frank Burns Democratic Yea
Franklin D. Cooke Democratic Yea
Josue O Ortega Democratic Yea
Kamela T Smith Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Mara Gorman Democratic Yea
Melanie Ross Levin Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Nay
Charles S Postles Jr. Republican Nay
Daniel B. Short Republican Nay
Jeff Hilovsky Republican Nay
Jeffrey N. Spiegelman Republican Nay
Jesse R. Vanderwende Republican Nay
Kevin S Hensley Republican Nay
Lyndon D. Yearick Republican Nay
Michael F. Smith Republican Nay
Richard G. Collins Republican Nay
Ronald E. Gray Republican Nay
Shannon Morris Republican Nay
Timothy D. Dukes Republican Yea
Valerie Jones Giltner Republican Yea

Official roll call →

SM

Passed 15 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 14001
Republican 1500
Total 15501
% of votes cast 71%24%0%5%
How each member voted (21)
Member Party Vote
Bryan Townsend Democratic Yea
Daniel Cruce Democratic Yea
Darius J. Brown Democratic Not Voting
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Ray Seigfried Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Nay
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Nay
David L. Wilson Republican Nay
Eric Buckson Republican Nay
Gerald W. Hocker Republican Nay

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 10 do?
Currently, the Department of Correction (“Department”) biennially reviews individuals sentenced to more than 1 year of incarceration to determine if there is good cause to recommend a sentence modification to the Board of Parole for an individual who is not a substantial risk to the community or the individual’s self. Good cause includes the individual’s rehabilitation, serious medical illness or infirmity, and prison overcrowding. While any individual is eligible for consideration due to a serious medical illness or infirmity, only those who have served at least ½ of their sentence for a violent felony or all of the statutorily mandated term of incarceration are eligible for consideration for rehabilitation, prison overcrowding, or another reason. If the Department recommends an individual for sentence modification, the Board of Parole considers the application and, if the Board approves, the sentencing court then makes a final determination on the sentence modification. This Act, which is named in honor of Richard “Mouse” Smith, a Delaware civil rights leader, who spent decades advocating on issues addressed by this Act, is a substitute for Senate Bill No. 10. Like Senate Bill No. 10, this Act revises the process for sentence modification in 3 ways. First, this Act removes the Board of Parole from the sentence modification process and provides that applications for sentence modification are made directly to the sentencing court. Second, this Act provides that an individual who is sentenced to incarceration for more than 1 year may seek a sentence modification in 3 circumstances: (1) The application for a sentence modification is based solely on the person’s serious medical illness or infirmity. (2) The person is 60 years of age or older, has served at least 15 years of the originally imposed Level V sentence, and the application for sentence modification is based solely on the person’s rehabilitation. (3) The person has served at least 25 years of the originally imposed Level V sentence and the application for sentence modification is based solely on the person’s rehabilitation. Third, this Act provides that an individual who is sentenced to incarceration for more than 1 year and whose sentence is reviewed by the Department, but who the Department does not recommend for sentence modification, may directly apply to the court for a sentence modification. Like Senate Bill No. 10, this Act also makes clear that the Department and sentencing court must consider if a sentence modification resulting in the release of an individual who is incarcerated would constitute a substantial risk to a victim of, or witness to, an offense that is the subject of the sentence modification and that the sentencing court must provide an opportunity for the victim and the Department of Justice to be heard. This Act differs from Senate Bill No. 10 as follows: (1) Providing that a person is not eligible for a sentence modification under this Act if the person is serving a statutorily mandated term of incarceration at Level V for a conviction of any offense under this title and has not yet served all of the statutorily mandated portion of the Level V sentence. Senate Bill No. 10 provided the person was not eligible until the person had served ½ of the statutorily mandated portion of the Level V sentence. (2) Making clear that the person’s attorney may file the sentence modification for the person. (3) Making clear that an application for a sentence modification may be filed by those who have served the period of incarceration provided under paragraph (a)(5) and have good cause. (4) Requiring the Department, on completion of the Department’s eligibility review under paragraph (d)(1), to provide the person with information regarding the person’s right to counsel. (5) Providing that the person may retain a private attorney at the person's own expense or request the court refer the person to the Office of Defense Services, and that the person may proceed without an attorney only as provided under court rules. (6) Requiring the Department to biennially conduct the eligibility review required under paragraph (d)(1). Senate Bill No. 10 would have required the Department to make these determinations annually. (7) Requiring the Department to provide to the court, with an application for sentence modification the Department files, a written statement of the satisfied requirements under this Act that form the Department’s basis for recommending the sentence modification. (8) Requiring the Department to provide to the person, the person’s attorney of record, or the Office of Defense Services a written statement of the Department’s reasons for not recommending a sentence modification, including the unsatisfied requirements of this Act that form the Department’s basis for not recommending the sentence modification. (9) Authorizing the court to summarily dismiss an application that does not include the statements from the Department required by this Act, except for an application based solely on the person’s serious medical illness or infirmity. (10) Authorizing the court to summarily dismiss an application if the court determines summary dismissal is warranted. (11) Giving the court discretion to determine how long a person whose application for sentence modification is denied because the court determines the person constitutes a substantial risk to the community or the person’s application lacks good cause. This Act provides the period set by the court may not exceed 3 years. (12) Making clear that if the court denies an application for sentence modification based on a person’s serious medical illness or infirmity, the person may submit a subsequent application if at least 60 days have passed since the date of the court’s denial and if the application demonstrates a material change in the person’s circumstances.
Who sponsors SB 10?
SB 10 is sponsored by Dave G. Lawson (Republican), Melanie Ross Levin, Cyndie Romer (Democratic), David L. Wilson (Republican), Eric Morrison (Democratic), Spiros Mantzavinos (Democratic), Russell Huxtable (Democratic), Kerri Evelyn Harris (Democratic), Mara Gorman (Democratic), Franklin D. Cooke (Democratic), Darius J. Brown (Democratic), Laura V. Sturgeon (Democratic), David P. Sokola (Democratic), Ray Seigfried (Democratic), Josue O Ortega (Democratic), Claire Snyder-Hall (Democratic), Trey Paradee (Democratic), Marie Pinkney (Democratic), Bryan Townsend (Democratic), and Sarah McBride.
What is the current status of SB 10?
This bill has been enacted into law. Introduced May 20, 2025. Enacted.
Where can I track SB 10?
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