DelawareSB 7 w/ SA 1153rd General Assembly (2024–2026)Senate

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

6 provisions identified: 3 benefits, 0 costs, 3 mixed.

Shorter probation with earned time credits

The law caps probation: 2 years for violent felonies, 18 months for Title 16 crimes, and 1 year for others. You can earn up to 30 days off for every 30 days you comply, capped at half your term. This applies to probation sentenced or released on or after August 8, 2012, and the Department must notify you in writing. Judges may go longer for sexual or violent felonies when they say on the record it improves safety, and may add up to 90 days to finish a court-ordered substance abuse program after a hearing. A judge may also extend time to collect restitution, which must be at Restitution-Only Level I; your level cannot be raised for reasonable inability to pay. Credits are lost for a new conviction and may be lost on revocation; some cases do not get credits (sexual offenses, violent felonies, and restitution-only Level I).

Lighter tailored probation rules and reporting

The law defines criminogenic needs and sets supervision goals, and requires the fewest, least-restrictive special conditions tied to them. Courts and officers must consider your ability to comply and cannot add a condition you cannot reasonably meet. Reporting must be minimally intrusive; remote reporting is allowed, and schedules must reasonably fit work, school, childcare, health care, and transport. Officers must help with program referrals, try to re-engage you, and connect services before seeking sanctions; judges must consider when required programs are not available. A judge cannot add more probation because officers failed to reasonably make the referral.

Old probation service fees erased

As of the law’s effective date, any unpaid balance of the old §4332(b) probation service fee is wiped out. This includes fees, costs, interest, and other charges tied to that fee.

Easier marriage for probation or parole

If you are on probation or parole, you no longer need a chief officer’s consent to marry. Clerks no longer must check and file special papers for these applicants, and the old limit on looking at those papers is gone. If you apply for a license while on supervision, the form must list the court and place where you are supervised.

DOC records privacy and access limits

Presentence and parole records are privileged; courts, parole or pardon boards, and top prosecutors can see them. The court that ordered a presentence report controls it, and may let you or your lawyer inspect it. The Commissioner may use DOC case records for treatment, but the information stays privileged for other uses. DOC policies and security materials that could risk safety are confidential, and incarcerated people may be denied copies. If DOC denies you a document under these rules, you can seek relief under Title 29 §10005.

House arrest fees and monitoring rules

House arrest programs must charge a reasonable monthly fee. Programs must have clear rewards for compliance and penalties for violations. The Department of Correction must own or lease all monitoring equipment. The Department may use electronic monitoring or reasonable non-equipment checks, as needed to ensure compliance.

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