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)

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 0 costs, 3 mixed.

More legal help for sentence applicants

Beginning 180 days after enactment, people applying for a sentence change have a right to a lawyer. Courts can appoint counsel for people who cannot afford one. Applicants can represent themselves only under court rules and with the court’s permission. The Department of Correction must share information it holds that is reasonably needed for the application. Applicants or their lawyers can add to or change applications filed by the applicant or the Department. The Office of Defense Services’ duties cover indigent people at every stage after arrest, including custody status and appeals. It must pursue appeals or other remedies before or after conviction when authorized by law or deemed just by the Chief Defender.

Medical parole access with release limits

Beginning 180 days after enactment, serious illness or infirmity provides a separate path to medical parole in Delaware. Covered conditions include dementia, permanent physical incapacity, severe or terminal illness, a persistent vegetative state, and incurable progressive illness that limits rehabilitation. Extensive treatment needs and a qualifying terminal prognosis within 18 months are also covered. When medical good cause exists, the Department must recommend parole consideration, or the person can request it. The Board of Parole can grant release regardless of time served when removal is needed for well-being and release passes the safety test. The Board can set release conditions and revoke parole without a hearing. For court-based medical sentence changes, judges must state findings on diagnosis, prognosis, prison medical capacity, and demands on prison medical resources. Judges can require a release plan listing treatment, the care location, and insurance or other money available after release. Neither route guarantees release.

More sentence review with safety limits

Beginning 180 days after enactment, Delaware’s sentencing courts become the main forum for changing eligible prison sentences. People serving combined Level V prison terms over 1 year can apply based solely on serious illness or infirmity. They can apply based solely on rehabilitation at age 60 after serving 15 years, or after serving 25 years at any age. These routes also cover legally required prison terms. Outside these routes, people serving covered violent-felony or legally required terms must serve at least half their original sentence before applying. Courts can reduce prison time or custody level only with legal authority, good cause, and no substantial safety risk. The safety test covers the community, affected victims and witnesses, and the applicant. Good cause includes rehabilitation, serious illness, and prison overcrowding; rehabilitation means measured progress through job, correctional, or treatment training. Courts must review the offense and state their findings, and prosecutors and victims get an opportunity to be heard. Orders barring other early-release options do not block this review; those orders cover terms of 1 year or less or the offense’s maximum term. Review does not guarantee a sentence change.

Yearly sentence checks for Delaware prisoners

Beginning 180 days after enactment, Delaware’s Department of Correction must check each covered person’s eligibility and recommendation status every year. With the person’s consent, the Department must file a court application when it recommends a sentence change and notify counsel. Otherwise, it must give written reasons to the person, counsel, and the Office of Defense Services. An eligible person can then apply using the court’s form and attach those reasons. The Department must issue rules but cannot add eligibility restrictions beyond the law. Refusing required drug or alcohol treatment, education, or work programs does not automatically block sentence review or medical parole. Courts can still consider refusals, and prison discipline remains allowed. The Statistical Analysis Center must publish an annual report using prison and court data on eligibility, applications, decisions, releases, demographics, and medical cases. It must send the report to designated legislative, judicial, and executive officials by October 1 each year.

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

SS 1 for SB 10 - Signed by Governor
7/14/2025Governor
SS 1 for SB 10 - Passed By Senate. Votes: 19 YES 2 NO
6/30/2025Senate
SS 1 for SB 10 - Passed By House. Votes: 28 YES 12 NO 1 VACANT
6/26/2025House
SS 1 for SB 10 - - Passed In House by Voice Vote
6/26/2025House
SS 1 for SB 10 - - Stricken in House
6/26/2025House
SS 1 for SB 10 - - Stricken in House
6/26/2025House
SS 1 for SB 10 - Reported Out of Committee (Appropriations) in House with 1 Favorable, 3 On Its Merits
6/25/2025House
SS 1 for SB 10 - Assigned to Appropriations Committee in House
6/20/2025House
SS 1 for SB 10 - Reported Out of Committee (Administration) in House with 3 On Its Merits
6/18/2025House
SS 1 for SB 10 - Assigned to Administration Committee in House
6/5/2025House
SS 1 for SB 10 - Passed By Senate. Votes: 15 YES 5 NO 1 ABSENT
5/22/2025Senate
Substituted in Senate by SS 1 for SB 10
5/20/2025Senate
Reported Out of Committee (Finance) in Senate with 4 On Its Merits
5/20/2025Senate
Assigned to Finance Committee in Senate
4/17/2025Senate
Reported Out of Committee (Corrections & Public Safety) in Senate with 4 Favorable
4/17/2025Senate
Introduced and Assigned to Corrections & Public Safety Committee in Senate
3/26/2025Senate

Bill Text

Current
3/26/2025
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