AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DELAWARE SENTENCING GUIDELINES AND ACCOUNTABILITY COMMISSION.

Delaware replaces its sentencing commission

The law repeals Delaware’s old sentencing commission framework and creates an independent commission within the Criminal Justice Council. It must keep sentencing guidelines current, using research to hold people accountable and reduce repeat crimes. The guidelines are the starting point for sentencing and cover the type and severity of penalties. The nine members include three judges, three prosecutors, two Office of Defense Services members, and one private criminal defense attorney. A majority is needed to conduct business, including at least one judge, one prosecutor, and one defense representative. Members serve without pay but can receive reasonable expense reimbursements. The commission appoints an executive director and can hire staff with approved funding. State agencies and officials must provide reasonably requested help and information, and the commission must protect confidential information. Meetings must allow public comment. Each year, by October 1, the commission must send state leaders a report on substantive guideline changes from the prior year. It can form advisory committees and research partnerships; work with the Statistical Analysis Center depends on available funding.