All Roll Calls
Yes: 62 • No: 19
DelawareSS 1 for SB 10 w/ HA 3153rd General Assembly (2024–2026)SenateWALLET
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
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 3 benefits, 1 costs, 4 mixed.
Medical parole for serious illness
If you have a serious medical illness or infirmity, the Parole Board can grant parole without regard to time served when release is safe and treatment is arranged. The court can require a medical release plan that lists your treatment, where you will get care, and how it will be paid, including Medicare or Medicaid eligibility. The Board may set conditions and can revoke parole if you violate them.
Who can seek a shorter sentence
People at Level V can apply in three ways: serious medical illness; age 60+ with at least 15 years served and rehabilitation; or at least 25 years served with rehabilitation. Long‑term applicants may apply even if part of the sentence was mandatory, but other limits still apply. You are not eligible until you serve half of a Title 11 violent‑felony Level V sentence, or the mandatory part of any mandatory term. The rule covers people serving more than one year at Level V, and the trial court keeps power to hear their requests.
Lawyers and records for applicants
You have a right to a lawyer for a sentence‑modification case. After its review, DOC must tell you about this right. You may hire a lawyer or ask the court to refer you to the Office of Defense Services; if your case is not dismissed, the court makes the referral. DOC must share records you need, and you or your lawyer may amend a DOC‑filed application; anyone who files must send a copy to the Department of Justice. If you are indigent, the Office of Defense Services represents you at every stage after arrest and can pursue appeals it believes are in the interest of justice.
DOC reviews and rule limits
DOC must review each person’s eligibility for sentence modification every two years and decide whether to recommend them. DOC cannot add extra eligibility restrictions beyond what the law and court rules allow. These changes take effect 180 days after enactment.
Early-release list narrowed at sentencing
For some short Level V sentences, the law updates which early‑release laws count when a judge says a sentence is served without early release. It excludes section 4217 from that list. This narrows early‑release treatment at sentencing under that specific rule.
Refusing programs still allows review
Refusing required drug, education, or work programs does not automatically block you from applying for sentence modification or parole. The court may consider your refusal, and DOC may impose discipline under its rules.
Filing paths and Parole Board steps
You, your lawyer, or DOC can file. For medical cases, a filing may be made at any time. A DOC‑filed case goes to the court only if the Parole Board recommends it by majority vote; if DOC does not recommend, you may file directly with the court and attach DOC’s written reasons. When DOC files with the Board, the Board must give the Attorney General 30 days’ written notice and a copy before any hearing. If the Board rejects a DOC application, it is not sent to court and you cannot be the subject of another application for at least one year, except for serious medical illness.
How courts judge and revisit requests
A court can change a sentence only if it has authority, finds good cause, and finds release is not a substantial risk to the community, a victim or witness, or you. Most applications must include a written Department of Correction statement; medical‑only applications do not. The court reviews the crime facts and your current risk; for rehab cases it looks at your program work; for medical cases it reviews diagnosis, recovery chances, and whether DOC can meet your medical needs. The court may dismiss filings that are ineligible, filed too soon, missing DOC’s statement, or for other proper reasons. If denied for risk or no good cause, the court can bar refiling for up to three years; for medical denials you may reapply after 60 days if your condition materially changes. The law also defines good cause, rehabilitation, and serious medical illness, including terminal illness likely to cause death within 18 months.
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
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