All Roll Calls
Yes: 62 • No: 19
DelawareSS 1 for SB 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
Personalized for You
How does this bill affect your finances?
Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Bill Overview
Analyzed Economic Effects
7 provisions identified: 2 benefits, 0 costs, 5 mixed.
More legal help for sentence applicants
Sentence-change applicants have a right to a lawyer and access to needed Department of Correction records. They can hire a lawyer at their own expense or ask for an Office of Defense Services referral. Courts must make requested referrals unless they dismiss the application right away; self-representation follows court rules. Applications generally need the department's written statement, but the specified serious-medical-illness pathway is exempt. The Office of Defense Services must defend people without means at every stage after arrest, including custody and charging matters. It must pursue appeals or other remedies before or after conviction when authorized by law or deemed just by the Chief Defender.
Regular sentence reviews for Delaware prisoners
The law takes effect 180 days after enactment and shifts sentence-review initiation from the parole board to corrections officials. The Department of Correction must review eligibility and whether to recommend a sentence change at least every 2 years. It needs the person's consent to file; otherwise, it must give written reasons to the person and their lawyer or the Office of Defense Services. Eligible people can still apply after a negative recommendation, generally attaching those reasons. The department must adopt rules but cannot add eligibility barriers beyond the law. It must supply data for a public annual report, published online and sent to designated state officials by October 1. Reports cover eligibility decisions, applications, reasons for negative recommendations, releases, court outcomes, and demographic breakdowns.
Early release limits preserve sentence review
Courts can restrict early release for Level V sentences of 1 year or less, or sentences equal to the offense's statutory maximum. Restrictions can cover all or part of a sentence and block good time, furlough, work release, or supervised custody. These conditions cannot block the law's sentence-change review process. Applicants still need combined Level V sentences longer than 1 year to qualify for that review.
Medical parole expands with release conditions
Serious medical illness includes cognitive incapacity, permanent physical incapacity, severe illness, or terminal illness with an expected 18-month life expectancy. When corrections officials find medical good cause for release, they must recommend parole review; without a recommendation, prisoners can request review. The parole board can grant release regardless of time served after finding good cause and no substantial safety risk. The board can set conditions, revoke parole without a hearing, and return the person to prison. Courts can require medical-release plans covering treatment, care location, and payment sources, including commercial insurance, Medicare, or Medicaid eligibility.
More sentence review options for prisoners
People serving combined Level V prison sentences longer than 1 year have new ways to seek sentence changes. They can apply based only on serious medical illness or infirmity. Rehabilitation alone qualifies after 25 years served, or after 15 years for people age 60 or older. These specific pathways allow applications even during a mandatory prison term. Otherwise, people serving Title 11 violent-felony sentences must serve at least half their original Level V sentence. Other applicants serving mandatory terms must finish the mandatory portion first.
Program refusal no longer blocks review
Refusing required drug or alcohol treatment, education, or prison work no longer automatically blocks sentence-change applications or medical parole eligibility. Courts can still weigh refusal when deciding whether good cause and rehabilitation support a sentence change. Prison officials retain authority to impose discipline under their rules.
Sentence changes require safety checks
Courts can change eligible prisoners' sentences for good cause, including rehabilitation, serious illness, or prison overcrowding. They must review offense facts and find no substantial risk to the community, victims or witnesses, or the applicant. Rehabilitation reviews consider treatment, education, and work; medical reviews consider diagnosis, recovery prospects, prison care capacity, and continued imprisonment's effects on care. Victims and the Department of Justice get a reasonable chance to be heard before a sentence change is granted. After a denial for lack of good cause or substantial risk, courts can block repeat applications for up to 3 years. Medical applicants can reapply after at least 60 days by showing a material change in circumstances.
Sponsors & Cosponsors
Sponsor
Bryan Townsend
Democratic • Senate
Cosponsors
Stephanie T. Bolden
Democratic • House
Nnamdi O. Chukwuocha
Democratic • House
Franklin D. Cooke
Democratic • House
Daniel Cruce
Democratic • Senate
Mara Gorman
Democratic • House
Kerri Evelyn Harris
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
Senate vote • 6/30/2025
Passed (SM required)
Yes: 19 • No: 2
House vote • 6/26/2025
Passed (SM required)
Yes: 28 • No: 12
Senate vote • 5/22/2025
Passed (SM required)
Yes: 15 • No: 5
Actions Timeline
Signed by Governor
7/14/2025GovernorPassed By Senate. Votes: 19 YES 2 NO
6/30/2025SenatePassed By House. Votes: 28 YES 12 NO 1 VACANT
6/26/2025HouseAmendment HA 3 to SS 1 - Passed In House by Voice Vote
6/26/2025HouseAmendment HA 2 to SS 1 - Stricken in House
6/26/2025HouseAmendment HA 1 to SS 1 - Stricken in House
6/26/2025HouseReported Out of Committee (Appropriations) in House with 1 Favorable, 3 On Its Merits
6/25/2025HouseAssigned to Appropriations Committee in House
6/20/2025HouseReported Out of Committee (Administration) in House with 3 On Its Merits
6/18/2025HouseAssigned to Administration Committee in House
6/5/2025HousePassed By Senate. Votes: 15 YES 5 NO 1 ABSENT
5/22/2025Senatewas introduced and adopted in lieu of SB 10
5/20/2025Senate
Bill Text
Current
5/20/2025
Related Bills
HS 1 for HB 449, AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DIETITIAN/NUTRITIONIST LICENSURE ACT.
HB 357, AN ACT TO AMEND TITLES 10 AND 13 OF THE DELAWARE CODE RELATING TO THE DUTY TO SUPPORT POOR PERSONS.
SB 231, AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL SOCIAL WORKERS.
SB 279, AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL-BASED OCCUPATIONAL THERAPISTS.
HB 393, AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PROTECTIONS FOR PUBLIC UTILITY CONSUMERS.
HB 356, AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING FOAM AND EQUIPMENT.