DelawareSB 7153rd General Assembly (2024–2026)SenateWALLET

AN ACT TO AMEND TITLE 11 AND TITLE 13 OF THE DELAWARE CODE RELATING TO THE CRIMINAL JUSTICE SYSTEM, INCLUDING PROBATION.

Sponsored By: Marie Pinkney (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

9 provisions identified: 7 benefits, 0 costs, 2 mixed.

Earn time off probation for compliance

Eligible people on probation on or after August 8, 2012 can earn up to 30 days off for every 30 compliant days. The former cap of half the probation term no longer applies. Sexual offenses, violent felonies, restitution-only probation, and other categories set by Department rules remain excluded. A new criminal conviction or probation revocation causes earned credits to be lost. The Department of Correction must give written notice of eligibility and the eligibility date once calculated.

Probation service fees and debts erased

The law repeals the Department of Correction service fee imposed under Title 11, section 4332(b). It discharges unpaid balances as of its effective date, 180 days after enactment. This relief also covers related fees, costs, interest, and other charges assessed on that service fee.

House arrest monitoring and charges limited

The Department of Correction can use house-arrest monitoring technology only as much as reasonably needed. It may allow phone or video reporting, or supervision without electronic equipment when other methods adequately check compliance. Every house-arrest program must use clear, consistent rewards and sanctions, and the Department must own or lease its equipment. Programs no longer have to charge participants a monthly payment under this provision. The law does not establish whether another legal authority allows such charges.

Less burdensome probation conditions and reporting

Unless an offense mandates conditions, courts, the parole board, and officers must favor the fewest, least restrictive special conditions needed. They must explain how conditions address reoffending risks or supervision goals and consider less restrictive options and ability to comply. Reporting must be minimally intrusive, reasonably fit verified work schedules, and consider school, childcare, health care, and transportation. Officers may allow phone or video reports when appropriate or excuse in-person visits to reward treatment compliance. The Department must provide and explain written supervision conditions, including copies of special conditions.

Marriage barriers end for supervised people

People on probation or parole no longer need written permission from a court or institution officer to marry. Marriage-license applications no longer require their supervision location, court details, or examination of probation or parole papers.

More help before probation penalties

The parole board or probation officer must help arrange referrals to required programs; the Department need not create those programs. When a program is unavailable and a violation is filed, the court must consider the full circumstances. A court cannot lengthen supervision after finding on the record that the referral was not reasonably arranged. Before seeking sanctions, officers must reasonably investigate noncompliance, connect people with needed services, and try to reconnect after missed reports.

Payment hardship cannot raise probation level

Probation imposed only to collect restitution beyond ordinary time limits must be served at Accountability Level I—Restitution Only. At this level, a reasonable inability to pay court-ordered restitution cannot lead to a higher probation level. This protection does not erase the restitution owed.

Correctional records stay private with limited access

Correctional case records are private and available only to authorized courts, officials, and others entitled by law. A court or the Board of Pardons may approve inspection by the subject, their lawyer, or someone with a proper interest. Approval requires finding that inspection serves State interests or someone's welfare. Superior Court and Court of Common Pleas presentence reports remain under those courts' control. People denied access may seek relief under Delaware's public-records law.

Probation extensions face limits and hearings

Ordinary probation or suspended-sentence limits are 2 years for violent felonies, 18 months for Title 16 offenses, and 1 year otherwise. Courts cannot stack consecutive terms across cases beyond these limits; excess terms run together. Longer violent-felony probation requires a recorded finding that it will substantially reduce reoffending. Sexual-offense extensions require a recorded finding that longer supervision will substantially reduce future sexual or violent offenses. Each extension for unfinished court-ordered substance-use treatment is capped at 90 days and requires a hearing. The court must record why it is necessary, that reasonable referral efforts occurred, and that less restrictive options cannot help completion.

Sponsors & Cosponsors

Sponsor

Marie Pinkney
Democratic • Senate

Cosponsors

Stephanie T. Bolden
Democratic • House
William Bush
Democratic • House
Mara Gorman
Democratic • House
Russell Huxtable
Democratic • Senate
Larry Lambert
Democratic • House
S. Elizabeth Lockman
Democratic • Senate
Melissa Minor-Brown
Democratic • House
Eric Morrison
Democratic • House
DeShanna U Neal
Democratic • House
Sophie Phillips
Democratic • House
Cyndie Romer
Democratic • House
Ray Seigfried
Democratic • Senate
Claire Snyder-Hall
Democratic • House
David P. Sokola
Democratic • Senate
Laura V. Sturgeon
Democratic • Senate
Bryan Townsend
Democratic • Senate
Madinah Wilson-Anton
Democratic • House

Roll Call Votes

All Roll Calls

Yes: 59 • No: 0

House vote • 6/26/2025

Passed (SM required)

Yes: 40 • No: 0

Senate vote • 6/12/2025