DOVER – The sponsors of legislation to create a fairer and more flexible probation and parole system in Delaware filed a more narrowly tailored version of their bill on Thursday, along with separate legislation to create a task force capable of recommending broader reforms for future consideration.
Sponsored by Sen. Marie Pinkney and House Majority Leader Melissa Minor-Brown, Senate Substitute 3 for Senate Bill 4 would enact several reforms to shift Delaware’s probation and parole programs away from punitive and arbitrary rules that contribute to recidivism in favor of a system that helps people earnestly working toward a second chance successfully meet the conditions of their court-ordered state supervision.
Senate Concurrent Resolution 175, meanwhile, would create the Probation System Task Force, a 16-member body made up of lawmakers, advocates, probationers, attorneys who work in the justice system, behavioral health workers, and a Department of Correction official. The task force would be charged with examining the current state of Delaware’s current probation system and recommending additional reforms to the General Assembly by July 1, 2025.
“While Rep. Minor-Brown and I have been working on this issue for over a year, most Delawareans – and few of my legislative colleagues – are only just now beginning to discover the full extent of how the inflexible rules and unjust hurdles baked into our current probation and parole system are contributing to our state having one of the highest recidivism rates in the country,” said Sen. Pinkney, who chairs of the Senate Corrections & Public Safety Committee.
“Over recent weeks, it became clear that more time and more effort was going to be needed to get everyone on the same page regarding a handful of the changes that we proposed in earlier versions of this important legislation,” she said. “In the meantime, the people who are being negatively impacted by Delaware’s current probation and parole system shouldn’t have to wait another year for us pass those reforms that most of our colleagues agree on right now. That’s why we are moving forward with a version of our bill to make progress where we can this year, even as we continue advocating for more reforms in the months ahead.”
Delaware’s Bureau of Community Corrections currently monitors the daily lives of more than 10,000 people subject to court-ordered state supervision, the vast majority of whom have already completed a prison sentence.
Under Delaware’s current one-size-fits-all approach to community corrections, 1 out of every 3 people on probation ends up being reincarnated, often for minor rules violations rather than any new crimes being committed.
SS 3 for SB 4 would direct the courts, the Board of Parole, and the Bureau of Community Corrections to use the least restrictive probation and parole conditions and the most minimally intrusive reporting requirements necessary to achieve the goals of community supervision.
Under the bill, future conditions of probation and parole must relate directly to the offenses that led to a conviction, while consideration also must be given to both the history and circumstance of each individual and whether they could reasonably comply with the rules being imposed.
SS 3 for SB 4 also would grant community correction offices greater discretion over determining how people under their supervision meet those conditions. For instance, the bill would permit community correction officers to decide whether check-in meetings could be held virtually, via telephone or in-person, while stipulating that in-person meetings must 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.
Finally, the bill 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.
“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 Rep. Minor-Brown, who previously chaired the House Corrections Committee. “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 June 2023 and the Senate Finance Committee in May 2024, SS 3 for SB 4 now awaits a vote on the Senate Ready List, along with SCR 175.
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