SB 177 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO REGISTRATION OF SEXUAL OFFENDERS.

Summary

This Act brings Delaware sex offender registration laws into compliance with the federal Sex Offender Registration and Notification Act ("SORNA") by standardizing the tier designation of sex offenders are assigned based upon offense of conviction. This Act removes discretion previously granted to the Board of Parole to redesignate sex offenders and standardizes designation in a manner consistent with established Superior Court precedent. See State v. Brown, 2013 WL 2149882 (Del. Super. 2013); Lane v. Board of Parole, 2012 WL 5509711 (Del. Super. 2012). Finally, this Act streamlines the designation process by directing review to the Superior Court in the first instance.

Bill Text

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This Act amends Delaware's sex offender registration laws to comply with federal standards by limiting the discretion of the Board of Parole in redesignating sex offenders and standardizing the designation process.

• § 4122

  The Board of Parole may weigh the relevant evidence which bears upon the character and propensities of the offender, and the facts and the circumstances of that offender's prior offenses.

  This change removes the Board of Parole's discretion to weigh evidence regarding an offender's character and prior offenses for redesignation.

• § 4122

  Notwithstanding any law, rule or regulation to the contrary, when considering a request for review pursuant to subsection (c) of this section,

  This change limits the conditions under which the Board of Parole can redesignate a Risk Assessment Tier.

• § 4122

  following receipt of timely notice by the Board of Parole Superior Court, it shall hold a hearing to determine the appropriateness of the Attorney General's new Risk Assessment Tier designation. → Following the receipt of any application for review of redesignation pursuant to subsection (c) 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 change establishes that the Board of Parole will hold a hearing and make a recommendation to the trial court regarding redesignation.

• § 4122

  This hearing shall not be held unless written notice of the hearing is provided to the Attorney General at least 30 days prior to the scheduled hearing date.

  This change specifies the requirement for written notice to the Attorney General for hearing scheduling.

• § 4122

  The person and the Attorney General shall have the right to be heard at the hearing.

  This change clarifies the rights of parties regarding participation in the hearing.

• § 4122

  Any application rejected pursuant to this paragraph shall not be forwarded to the Superior Court.

  This change dictates that rejected applications by the Board of Parole do not proceed to the Superior Court.

• § 4122

  Whenever an offender fails to elect a hearing in a timely fashion, the Attorney General shall forward notice of the redesignated Risk Assessment Tier to the Superintendent of the Delaware State Police and to the chief law enforcement officer of the jurisdiction where the person is residing at the time of the redesignation. → In the event the person requests a hearing, at the conclusion of the hearing, the Attorney General and upon rendering its decision in the matter, the Board of Parole shall forward a notice of the redesignated Risk Assessment Tier to the Superintendent of the Delaware State Police and to the chief law enforcement officer of the jurisdiction where the person is residing at the time of the redesignation.

  This change modifies the process of notifying law enforcement regarding redesignation based on hearing outcomes.

• § 4122

  Notwithstanding any provisions of this section to the contrary, the Board of Parole may redesignate the Risk Assessment Tier at its discretion and without regard to the restrictions of § 4121(d) of this title. → The Board of Parole may weigh the relevant evidence which bears upon the character and propensities of the offender, and the facts and the circumstances of that offender's prior offenses.

  This change removes the Board of Parole's ability to redesignate tiers at its discretion, aligning the process with predetermined criteria.

Action History

1. June 27, 2018

   Signed by Governor

2. June 19, 2018

   Passed By House. Votes: 39 YES 2 ABSENT

3. June 13, 2018

   Reported Out of Committee (Judiciary) in House with 10 On Its Merits

4. May 09, 2018

   Assigned to Judiciary Committee in House

5. May 08, 2018

   Passed By Senate. Votes: 21 YES

6. May 02, 2018

   Reported Out of Committee (Judicial & Community Affairs) in Senate with 4 On Its Merits

7. April 25, 2018

   Introduced and Assigned to Judicial & Community Affairs Committee in Senate

Sponsors

• Nicole Poore · Cosponsor
• Stephanie L. Hansen · Cosponsor
• John "Jack" Walsh · Cosponsor
• William J. Carson · Cosponsor
• Edward S. Osienski · Cosponsor
• David L. Wilson · Cosponsor
• Lyndon D. Yearick · Cosponsor
• Ruth Briggs King · Cosponsor
• John L. Mitchell · Cosponsor
• Deborah Hudson · Cosponsor
• Gerald L. Brady · Cosponsor
• Margaret Rose Henry · Cosponsor
• James Johnson · Primary
• Bruce C. Ennis · Primary

Votes

Subjects