FOR IMMEDIATE RELEASE | March 26, 2025
Contact: Sarah Fulton (302) 401-1114
DOVER — After years of collaboration and advocacy, Senate Majority Leader Bryan Townsend, Sen. Marie Pinkney, and House Speaker Melissa Minor-Brown have introduced the Richard “Mouse” Smith Compassionate Release Act.
In honor of the late Mouse Smith — an exceptional Delaware civil rights activist who passed earlier this year — Senate Bill 10 would codify and expand an existing framework for a sentence modification or a “compassionate release” of an incarcerated person.
“Thanks to Mouse’s tireless advocacy on this and many other issues over decades of service, we are able to introduce this legislation today,” said Sen. Townsend. “His sudden passing in January came as he continued to give so much to the community, including advising me on how this legislation can bring greater justice to Delaware, and his legacy of compassion and fighting for second chances will live on through the impact of this legislation for generations to come.”
Currently, the Delaware Department of Correction (DOC) conducts a review of individuals incarcerated in Delaware every other year to determine if they meet the eligibility requirements for sentence modification. Only DOC may initiate the sentence modification process under the existing statute. SB 10 codifies DOC’s review process, requires annual reviews, and adds the ability for the incarcerated individual or their legal counsel to apply for sentence modification. For individuals who do not have private counsel, SB 10 will establish opportunities for counsel through the Office of Defense Services.
The legislation also expands the eligibility criteria for compassionate release, permitting individuals who meet the following criteria to apply:
- Individuals who have a serious medical illness or infirmity
- Individuals who are aged 60 or older, who have served at least 15 years of their originally imposed sentence, and who have been “rehabilitated”
- Individuals who have served at least 25 years of their originally imposed sentence and who have been “rehabilitated”
The Superior Court will consider applications for compassionate release and make determinations on sentence modification requests.
“I am proud to support this much-needed expansion of our state’s compassionate release program,” said Sen. Pinkney, co-prime sponsor of SB 10. “During my time as Chair of the Senate Corrections & Public Safety Committee, I heard all too often about the systemic barriers for our incarcerated population to break out of the carceral cycle.”
Restorative justice must be at the center of Delaware’s criminal justice system because there are no true second chances without the opportunity for a second chance,” said House Speaker Melissa Minor-Brown. “2020 was a turning point in our country, and we cannot let the momentum die. In the past 5 years we have passed transformative measures to create a more fair and equitable system, including reforms to the expungement process, the prohibition of deceptive interrogation techniques, and addressing barriers to employment. Our next step needs to be creating a pathway for compassionate release. This legislation was carefully drafted to ensure the safety of the public, while also allowing us to treat rehabilitated individuals who have served their time with the dignity and respect that they deserve.”
This legislation was drafted in consultation with many community advocates and criminal justice experts, including Dr. Yasser Payne, a professor of Sociology & Criminal Justice at the University of Delaware.
“The Richard “Mouse” Smith Compassionate Release Act is long overdue and will be of real support to so many aging, sick and over-sentenced people. In fact, this bill is the first major step to restoring a sense of humanity to Delaware’s state prison system,” said Dr. Payne. “Also, it should be underscored that organizing this bill was truly a participatory effort and we are eternally grateful to Sen. Townsend, Kevin O’Connell (Chief Defender, Office of Defense Services), Coley Harris (Executive Director, Home Team), Javonne Rich (ACLU-DE), Tanya Whittle (DCJ) and Joseph Walls (Veterans Services in Delaware) for their tireless support for this bill and so many that are unfairly languishing in Delaware’s state prison system.”
Another organization supporting the legislation is the Delaware NAACP.
“The Delaware NAACP State Conference of Branches proudly supports the Richard ‘Mouse’ Smith Compassionate Release Act. To us, this isn’t just a bill; it’s a moral reckoning for a system that has historically silenced and discarded our most marginalized communities,” said Fleur McKendell, President of the Delaware NAACP State Conference of Branches. “We extend our deepest gratitude to Sen. Townsend for amplifying Mouse’s voice and translating his tireless advocacy for justice and compassion for those systematically overlooked into transformative policy. We remain committed to working with policymakers, community members, and other advocacy organizations to advance this bill and ensure it serves as a blueprint for companion policies and practices that honor rehabilitation, uphold dignity, and create meaningful pathways to redemption.”
SB 10 has been assigned to the Senate Corrections & Public Safety Committee.
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