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DelawareSB 10153rd General Assembly (2024–2026)Senate

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

Sponsored By: Bryan Townsend (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 3 benefits, 0 costs, 4 mixed.

Who can seek sentence changes

You can ask to change your sentence if: you have a serious medical illness; you are 60 or older and served 15 years; or you served 25 years. The court keeps power to review cases for anyone serving more than 1 year at Level V. You may still apply even if your Level V term was mandatory, but violent felonies and mandatory terms are not eligible until you have served at least half, unless your request is only for medical reasons. A judge may also require that you serve a set part of your sentence before you can apply; for violent felonies it is at least one-half. If the court denies your request for risk or lack of good cause, you must wait 1 year to apply again; medical-only requests are exempt. The law also updates early-release references and does not count the old §4217 in that list.

Medical parole for serious illness

If good cause exists based on a serious medical illness, DOC recommends or you may ask the Parole Board to review. The Board can grant parole without regard to time served if it finds you are not a public risk and medical care is arranged. The Board may set conditions and can revoke parole as the law allows.

DOC reviews and Board steps

Each year, DOC decides who may apply and whether it recommends a change. When DOC files or forwards a case, the Parole Board holds a hearing. The Board may reject a case; then it is not sent to court and you cannot apply again for at least 1 year, except for serious medical cases. You can file if you meet the statute’s eligibility test, and DOC can also file. DOC may file at any time for medical cases.

How courts review requests

The court must find good cause and that release is not a substantial risk to the community, victims or witnesses, or to you. For rehab cases, the court reviews your in‑custody program work. For medical cases, it reviews your diagnosis and whether DOC can meet your care needs. You have a right to a lawyer for your application, and the court can appoint the Office of Defense Services if you are indigent. DOC must give you or your lawyer records reasonably needed for the case, and DOJ and any victim get time to be heard. DOC cannot add extra eligibility limits beyond what the statute says.

More public defender help

The Office of Defense Services counsels and defends indigent people at every stage after arrest. The Chief Defender may pursue appeals or other remedies when the law allows and it serves justice.

Refusing programs not automatic bar

Refusing drug treatment, education, or work programs no longer automatically blocks parole or a sentence‑change request. The court may still consider the refusal, and the prison may still use discipline rules.

Changes start in 180 days

The law takes effect 180 days after enactment. The new rules and options apply beginning then.

Sponsors & Cosponsors

Sponsor

  • Bryan Townsend

    Democratic • Senate

Cosponsors

  • Stephanie T. Bolden

    Democratic • House

  • Nnamdi O. Chukwuocha

    Democratic • House

  • Daniel Cruce

    Democratic • Senate

  • Mara Gorman

    Democratic • House

  • Debra Heffernan

    Democratic • House

  • Kyra L. Hoffner

    Democratic • Senate

  • Kamela T Smith

    Democratic • House

  • Larry Lambert

    Democratic • House

  • S. Elizabeth Lockman

    Democratic • Senate

  • Melissa Minor-Brown

    Democratic • House

  • Eric Morrison

    Democratic • House

  • DeShanna U Neal

    Democratic • House

  • Josue O Ortega

    Democratic • House

  • Sophie Phillips

    Democratic • House

  • Marie Pinkney

    Democratic • Senate

  • Cyndie Romer

    Democratic • House

  • Melanie Ross Levin

    Democratic • House

  • Ray Seigfried

    Democratic • Senate

  • Claire Snyder-Hall

    Democratic • House

  • David P. Sokola

    Democratic • Senate

  • Laura V. Sturgeon

    Democratic • Senate

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. SS 1 for SB 10 - Signed by Governor

    7/14/2025Governor

  2. SS 1 for SB 10 - Passed By Senate. Votes: 19 YES 2 NO

    6/30/2025Senate

  3. SS 1 for SB 10 - Passed By House. Votes: 28 YES 12 NO 1 VACANT

    6/26/2025House

  4. SS 1 for SB 10 - - Passed In House by Voice Vote

    6/26/2025House

  5. SS 1 for SB 10 - - Stricken in House

    6/26/2025House

  6. SS 1 for SB 10 - - Stricken in House

    6/26/2025House

  7. SS 1 for SB 10 - Reported Out of Committee (Appropriations) in House with 1 Favorable, 3 On Its Merits

    6/25/2025House

  8. SS 1 for SB 10 - Assigned to Appropriations Committee in House

    6/20/2025House

  9. SS 1 for SB 10 - Reported Out of Committee (Administration) in House with 3 On Its Merits

    6/18/2025House

  10. SS 1 for SB 10 - Assigned to Administration Committee in House

    6/5/2025House

  11. SS 1 for SB 10 - Passed By Senate. Votes: 15 YES 5 NO 1 ABSENT

    5/22/2025Senate

  12. Substituted in Senate by SS 1 for SB 10

    5/20/2025Senate

  13. Reported Out of Committee (Finance) in Senate with 4 On Its Merits

    5/20/2025Senate

  14. Assigned to Finance Committee in Senate

    4/17/2025Senate

  15. Reported Out of Committee (Corrections & Public Safety) in Senate with 4 Favorable

    4/17/2025Senate

  16. Introduced and Assigned to Corrections & Public Safety Committee in Senate

    3/26/2025Senate

Bill Text

  • Current

    3/26/2025

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