DOVER – More than a year after first filing Senate Bill 4, Sen. Marie Pinkney and House Majority Leader Melissa Minor-Brown on Monday introduced a new version of their legislation that seeks to reduce recidivism by creating a fairer and more flexible parole and probation system in the First State.
Senate Substitute 2 for Senate Bill 4 would modernize a number of rules and conditions that the Bureau of Community Corrections currently enforces on more than 10,000 people, the vast majority of whom remain under state supervision after completing a court-ordered prison sentence.
“Most people mistakenly believe that once your prison sentence is complete, they just open up the doors and you walk out free to rejoin society. In reality, your last day of detention is often just the start of a lengthy maze full of complicated hurdles and inflexible rules that many people feel are impossible to navigate,” said Sen. Pinkney, chair of the Senate Corrections & Public Safety Committee.
“The fact is our current one-size-fits all system is returning 1 out 3 people on probation to incarceration, often for what amounts to minor rules violations rather than any new crimes being committed,” she said. “The legislation we are introducing today will help restore sanity to Delaware’s probation and parole system by recognizing a difference between petty infractions and willful violations, by preventing excessive fines from being used as a tool of retribution, and by giving community corrections officers greater flexibility to use their judgment and offer second chances to people facing circumstances beyond their control.”
SS 2 for SB 4 would enact a number of reforms centered on creating a parole and probation system more focused on helping people meet the conditions of their court-ordered state supervision than imposing unjustly punitive and arbitrary rules most likely to result in additional prison sentences.
That includes setting a baseline requirement in multiple sections of Delaware’s criminal code that would direct the courts, the Board of Parole, and probation and parole officers to impose the least restrictive conditions and minimally intrusive reporting requirements necessary to achieve the goals of community supervision.
“The current approach to probation focuses too much on surveillance and punishment rather than helping people successfully reenter society,” said John Reynolds, Deputy Policy & Advocacy Director for the American Civil Liberties Union of Delaware. “By tailoring the approach to probation to reflect the needs and vulnerabilities of each person, SS 2 for SB 4 will ensure that Delaware’s probation system invests its support and supervision resources where they are needed, rather than needlessly disrupting people’s lives through incarceration when other effective alternatives are available.”
Under the bill, the conditions of probation and parole would have to relate directly to the offenses that led to a conviction, while consideration also would need to be given to both the history and circumstance of each individual and whether they could reasonably comply with the rules being imposed.
SS 2 for SB 4 also would grant community correction offices discretion on whether to require that check-in meetings be held virtually, via telephone or in-person, while requiring that in-person meetings reasonably accommodate the work schedule of someone on probation or parole. In place of an in-person check in, officers also could elect to substitute verifiable attendance at a required program where the officer has facilitated a referral.
The bill also would create a distinction between technical violations for minor infractions and non-technical violations that involve intentionally avoiding supervision, violating a no-contact order, possessing a firearm, or being arrested on a new felony or misdemeanor.
Courts would then be limited in imposing additional prison sentences for technical violations only as a last resort and only if the person on probation or parole is found to have repeatedly consumed alcohol or controlled substance while under supervision for a DUI, wantonly violated curfew, or interfered with home confinement equipment. In those instances, sentences of incarceration would be limited to five days for a third violation, 10 days for a fourth violation, and up to 21 days for each subsequent violation.
SS 2 for SB 4 also would eliminate provisions in Delaware’s criminal code that currently require people on probation and parole to seek permission from a court officer before getting married, prevent some people on community supervision from receiving their own pre-sentencing report or being informed of their eligibility for compliance credits, and require someone seeking to transfer their case into or out of Delaware to first file a $50 application fee.
“It’s not realistic to think that a person can walk out of prison, back into society and have everything fall into place. The truth is that for many, our probation and parole system can feel like a vicious cycle set up for failure,” said House Majority Leader Melissa Minor-Brown, House prime sponsor of SS 2 for SB 4. “This legislation is a critical step toward reducing recidivism and creating a fairer system. I applaud Sen. Pinkney for her commitment to reforming our justice system and for championing this important measure.”
Reported out of the Senate Corrections & Public Safety Committee in 2023, SS 2 for SB 4 is now pending before the Senate Finance Committee.
###
