For the latest on the Delaware Judiciary response to COVID-19 – and for contact information for each court during this emergency – please visit The Delaware Judiciary Response to Coronavirus Disease (COVID-19) page. These laws cover when probation is appropriate, what a convict must do when on probation and what happens if the convict violates the probation terms. In addition to law-enforcement notification, the release of a Tier Two offender shall require a Community Organization Alert pursuant to this paragraph. 18. 2. Groups are expected to identify a spokesperson. There are laws around breaking probation in Wilmington and surrounding areas, and a good probation violation lawyer in Delaware knows exactly what those laws are. (b) Whenever an investigation by the Investigative Services Office is ordered by the court, the Investigative Services Office should inquire promptly into such things as the circumstances of the offense, the motivation of the offender, the criminal record, social history, behavior pattern and present condition of the offender. Breaking probation in Delaware is a serious offense. Notices of hearings resulting in parole are sent to the news media within ten (10) days of the hearing. VICTIM INPUT : Pursuant to 11 Del. 8. C. § 4341, a board of parole is established consisting of 4 … Organizations may only be included on the notification list if they operate an establishment where children gather under their care or where women are cared for. MEDICAL PAROLE : Pursuant to 11 Del. If the violation is established, the court may continue or revoke the probation or suspension of sentence, and may require the probation violator to serve the sentence imposed, or any lesser sentence, and, if imposition of sentence was suspended, may impose any sentence which might originally have been imposed. 15a. C. §4346, the Board may release an offender on parole after one-third of the term imposed by the Court has been served, such term to be reduced by such merit and good behavior credits as have been earned, or one hundred and twenty (120) days, whichever is greater if, in the Board’s discretion, the Board is satisfied that reasonable probability exists that the offender can be released without detriment to the community or to him/her self; and, in the opinion of the Board, parole supervision would be in the best interest of society and an aid to rehabilitation of the offender as a law-abiding citizen. — Each Investigative Services Officer for the Court of Common Pleas shall conduct such presentence investigations for the Court of Common Pleas as it shall direct, including inquiring into such things as the circumstances of the offense, the motivations of the offender, and the criminal record, social history, behavior pattern and the present condition of the offender. Final Revocation Hearing: The final revocation hearing is an informal process structured to assure that the findings of a parole hearing will be based on facts and that the decision will be based upon an accurate knowledge of the parolee’s behavior (Morrisey v. Brewer). ABOLITION OF PAROLE : Pursuant to the Truth-In-Sentencing Act of 1989, parole was abolished for all offenses committed June 30, 1990, or thereafter. This discretion will be exercised only when, in the judgment of the Court, the requesting party has a proper interest therein, and when it is in the best interest of the State, or the welfare of a particular offender makes that action desirable or helpful. Laws, c. 133, § 1; 67 Del. The elements of supervision include planning, assigning, reviewing, evaluating, coaching, training, recommending hire/fire and discipline. The Attorney General shall notify the Delaware State Police and the chief law-enforcement officer of the jurisdiction where the offender intends to reside as to the resulting score on the Registrant Risk Assessment Scale, and shall forward a copy of the completed Registrant Risk Assessment Scale to the Superintendent of the Delaware State Police and to the chief law-enforcement officer of the jurisdiction where the registrant offender intends to reside. C. §4346(e), the Board may consider medical parole in cases where the Department cannot furnish essential treatment for an offender’s physical or mental condition. Laws, c. 88, §§ 1-4; 74 Del. (2) Those persons receiving a “Moderate Risk” score on the Registrant Risk Assessment Scale shall be considered a Tier Two offender. The presentence investigation should include administration of an objective risk and needs assessment instrument, and should note wherein the judicial alternatives of the court and appropriate conditions of supervision may play a role in the rehabilitation of the offender as a law-abiding citizen. Because the Attorney General has on file the names and addresses of the victims of the particular offender appearing before the Board of Parole, the Board of Parole may request victim information from the Attorney General or request that the Attorney General notify the victim in cases where this information is not on file in the Board of Parole. The officers took the safe to Delaware State 1 See Culver v. State, 956 A.2d 5, 10-11 (Del. If the offender is on escape status, the hearing will be scheduled as a non-appearance. 14. At the time of notification, victims are provided with options for input prior to the hearing. Law Firm Websites; Law Firm SEO; Lawyer Directory; Local Marketing; PPC & LSA Management; Other Marketing Solutions; Justia US States US States Delaware Delaware Delaware Delaware Probation Office Delaware Probation Office. ©MMXX Delaware.gov. 69 Del. Laws, c. 228, §§ 11-35; 70 Del. Laws, c. 232, § 2; 78 Del. Cases for early parole consideration may be scheduled initially as a non-appearance Early Parole Review. Delaware Courts When you join the Department of Corrections Probation and Parole team, you become part of a highly trained team in Delaware's Largest Law Enforcement Agency that work together to make a positive difference in the lives of offenders. (g) The Attorney General shall, within 10 days after receiving notification of a pending release pursuant to subsection (a) or subsection (b) of this section, or notification of release pursuant to subsection (d) of this section, assess the offender in accordance with the Registrant Risk Assessment Scale, the form of which and a manual for which are attached hereto as Exhibit A. In 1999, she became a Probation and Parole Officer specializing in sex offender supervision. Under current law, the Board of Parole consists of a full-time Chairperson and four part-time Members, one from each county and one from the City of Wilmington. The overall responsibility of Delaware County Adult Probation and Parole Services is to encourage positive change in those involved in the Criminal Justice system, improve public safety, and insure that all defendants are held accountable to comply with the terms of any sentence imposed by the Court of Common Pleas. C. 1953, § 4335; 54 Del. Any sentence of probation or suspension of sentence (or any portion thereof) which, if served consecutively to another such sentence, would result in an aggregate sentence of probation or suspension of sentence in excess of the limitations imposed by subsection (b) of this section shall be deemed to be concurrent to such other sentence. The Board, in its discretion, may impose any conditions of parole and/or may revoke a medical parole without a hearing at any time for any cause and order the return of the offender to the Department. The date an offender is scheduled for a hearing before the Board. — Each Chief Investigative Services Officer and Investigative Services Officer shall be provided by the Court with an appropriate badge and identification. C. §4350(a), the Board has adopted the following rules for hearing oral statements or arguments by persons not connected with the Department of Correction when hearing applications for parole (These rules also apply to hearings for sentence modification and sentence commutation consideration): Individuals wishing to present information to the Board should notify the office of the Board at least 1 week prior to the hearing to arrange to be heard or for submission of their information. It is designed to provide the Delaware County Court of Common Pleas with a sentencing alternative. C. 1953, § 4336; 54 Del. When an arrest is made by a probation officer, the Department shall present to the detaining authority a written statement of the circumstances of violation. Protecting the Public by Conducting Informed Hearings. The provisions of this subsection shall not apply to a sentence imposed for a conviction involving an offense committed while the offender was serving a period of probation or suspension of sentence. At the request of the offender, the Board will postpone the hearing until the offender can have counsel present. Street Address: 824 North Market Street … The decision of the Board will be sent to the victim, unless the victim has not provided his/her address or has requested no notification. Reductions may be requested for, but not limited to, reasons of exceptional rehabilitation and/or treatment considerations. Laws, c. 349, § 7; 57 Del. Such Community Organization Alert may include a photograph of the offender if deemed appropriate by the notifying agency. Pursuant to the statute, mental health evaluations shall include information about the person’s functioning in the prison or institutional setting. PAROLE BOARD DECISION REVIEW : The Board may review any Board decision upon receipt of information of substantial significance not available on the date of the hearing that could have influenced the decision. No offender sentenced for a Title 11 violent felony shall be eligible until at least 1/2 of the sentence has been served; no offender serving a Title 11 Mandatory term will be eligible during the mandatory portion of the sentence. Gross Receipts Tax (3) To any sentence imposed for any offense set forth in the Delaware Code if the sentencing court determines on the record that a longer period of probation or suspension of sentence is necessary to ensure the collection of any restitution ordered, except that any period of probation ordered pursuant to this paragraph that is in excess of the limitations set forth in subsections (b) and (c) of this section shall be served at Accountability Level I — Restitution Only pursuant to the terms of § 4204(c)(10) of this title. General Assembly 13. Laws, c. 373, § 1; 71 Del. Any of the offenses specified in §§ 764 through 777 of this title; b. (3) Support staff. The written summary shall state how the testimony is relevant to the alleged violation. In addition, a particular Board member may voluntarily withdraw him/herself from consideration of an offender’s case if he/she perceives a potential conflict of interest. Probation and Parole Supervisor This is the supervisory level. 19. The offenders on Level II need to meet with their probation officers on a regular schedule to comply with contact requirements based on the needs, as well as risks assessments. Delaware courts hand down definite flat sentences. The requesting authority is to provide specific instructions on criteria to be considered and as to whether a specific recommendation is desired. Notification will go to those organizations which, at any specific time, are likely to encounter the released offender. (e) Any notice pursuant to subsection (d) of this section shall be given no more than 5 working days after the person’s release. The court will place defendants on probation in one of four categories, rangin from I to IV. Felonies and misdemeanors are divided into classes based upon the seriousness of the crime. Documentation from the Department must include verification of the existence of a physical or mental condition that cannot be treated by the Department or its contractor; and the acceptance of the offender for appropriate treatment by an institution wherein treatment has been arranged. (a) Upon conviction of any person for any crime and before sentencing, the court may, before fixing punishment or imposing sentence, direct an Investigative Services officer to thoroughly investigate and report upon the history of the accused and any and all other relevant facts, to the end that the court may be fully advised as to the appropriate and just sentence to be imposed; provided, however, that if the court orders such investigation for an offender convicted of murder in the first or second degree, rape in the first, second or third degree, unlawful sexual intercourse in the first or second degree, the manufacture, delivery or possession with intent to manufacture a narcotic drug, or trafficking under § 4753A of Title 16 [repealed], with respect to a narcotic drug, the offender shall immediately be remanded to the James T. Vaughn Correctional Center during the time such investigation is being conducted. EARLY PAROLE : Upon written recommendation of the Department or the Court, the Board may reduce the minimum term which must be served before parole eligibility. 12. Elected Officials C. §4347(a), for reasons including but not limited to, exceptional rehabilitation and/or treatment considerations or upon receipt of compelling documentation that the reasons for denial or revocation have been addressed in an exceptional manner. C. §4347(e)). Laws, c. 27, § 5; 74 Del. Delaware. PAROLE DENIAL DECISIONS : When the Board has denied parole, the offender will be advised in writing of the reasons for the denial. (e) The Department shall, by the promulgation of regulations or other appropriate standards, administer and enforce the terms of all court orders involving the imposition of community service. AUTHORITY AND POWERS : Pursuant to 11 Del. Preliminary Hearing: In accordance with procedures adopted by the Department, a preliminary hearing should be held within approximately ten (10) working days after the Hearing Officer receives the violation report to determine whether probable cause exists to conclude that the offender has violated the conditions of release on “technical” grounds. the Board has established pre-parole conditions and those conditions are alleged to have been violated and/or the conditions have not been completed. (7) Any other information relating to the impact of the offense upon the victim or other person. However, in cases wherein the Court imposes an aggregate sentence to Level V (incarceration) in excess of one (1) year, the Board, upon receipt of an application for sentence modification from the Department of Correction, shall hold a hearing for the purpose of providing the sentencing judge with a recommendation. The presentations in support must be relevant to the issue of rehabilitation. If the violation is established, the court may continue or revoke the probation or suspension of sentence, and may require the probation violator to serve the sentence imposed, or any lesser sentence, and, if imposition of sentence was suspended, may impose any … (h) Notwithstanding any provision of this Code or court rule to the contrary, any superior court judge who is presiding over any proceeding at which an offender is sentenced or found to have violated any condition or term of an imposed period of probation or suspension of sentence shall be deemed to have jurisdiction over any sentence to a period of probation or suspension of sentence currently being served by the offender regardless of the court or county in which such sentence was originally imposed, and may modify, revoke or terminate any such period of probation or suspension of sentence. The Board, in its discretion, may request mental health evaluations on offenders convicted and imprisoned for any offense not enumerated above. The disposition on an offender’s case–whether approved or denied. Any of the offenses specified in §§ 1108 through 1111 of this title; or. The Department shall adopt written procedures providing for administrative review for all cases in which an offender is placed at Level IV or home confinement pursuant to this subsection. — Each Investigative Services Officer shall conduct such presentence investigations for the Superior Court as it shall direct, including an inquiry into such things as the circumstances of the offense, the motivation of the offender, and the criminal record, social history, behavior pattern and present condition of the offender. Individuals in support of the offender must receive prior approval by the Board of Parole to attend a hearing. Employees of the Department of Correction are not included in this restriction. Laws, c. 345, § 1; 78 Del. The Board will send written notification within a reasonable period of time. This hearing shall be conducted consistent with the law and procedures agreed upon among the Board, the Department and the Court (See Sentence Modification). 11 Del. (d) The Department is authorized to supervise offenders on house arrest without the use of any specific electronic equipment, so long as sufficient and reasonable methods for ensuring compliance with the terms of house arrest are employed. Laws, c. 322, § 4; 78 Del. — The American Civil Liberties Union of Delaware released Delaware’s Broken Probation System: The Urgent Need to Reform Community Supervision in the First State, a new comprehensive analysis of Delaware’s probation system and how it fuels mass incarceration. Main Office - Wilmington. The probation and parole officer, who works at the Cherry Lane Probation and Parole Office in New Castle, began to self-isolate at home after beginning to experience flu-like symptoms, DOC said. (o) The Court in which any person described in subsection (d) of this section is sentenced shall determine, at the time of sentencing, that notice in accordance with this section shall be required. E-mail / Text Alerts The purpose of the program is to stabilize drug and/or alcohol-involved defendants who have violated probation and parole rules and regulations. The Department may recommend and, by order duly entered, the court may impose and may at any time order modification of any conditions of probation or suspension of sentence. The notice shall include, without limitation, the following information as it is available to the court or notation as to the repository for said information: the legal name, any alias or nicknames, age, sex, race, fingerprints, all known identifying factors, offense history, anticipated future residence and a photo taken not more than 90 days prior to release. Supervision is exercised over at least two or more full-time Merit positions per Merit Rule 5.1460. 4321. Every law-enforcement agency shall automatically register each institution on the Board’s list located within its jurisdiction. Individuals on supervision are required by the Court to abide by certain rules. Fortunately, it doesn’t always mean the end of the line is inevitable. The Department may submit a request for review in the absence of an offender’s request. Nationwide, one in every 55 people is on probation or parole. ISSUANCE AND EXECUTION OF WARRANTS AND RE-COMMITMENT : The Board will issue a warrant for the arrest and detention of any parolee or releasee whenever evidence is produced to indicate that probable cause exists to believe conditions of release have been seriously breached or that detention is required to prevent injury to the public or to interrupt a serious continuing violation of release conditions, or to assure the presence of the releasee at a preliminary hearing and/or revocation hearing. The report thereof shall be in such form and cover such subjects as the Court of Common Pleas shall direct. RECUSE POLICY : If a majority of the Board concludes that a particular Board member has a potential conflict of interest due to a personal connection with an offender or the case, then the particular Board member will withdraw from hearing the offender’s case. (1) Identify, to such extent as can be reasonably ascertained, those victims (except persons involved in the commission of the offense) who received physical, psychological or economic injury as a result of the offense; (2) Describe, to the extent possible, such physical, psychological or economic injury; (3) Identify any physical injury suffered by the victim, together with a description of the seriousness and permanence of such injury; (4) Contain a description of any change in the victim’s personal welfare or familial relationships which can reasonably be attributed to the offense; (5) Identify any request for psychological services or counselling services initiated by any person identified under paragraph (e)(1) of this section, if such request or need for such services can reasonably be determined to have resulted from the offense; (6) Determine any fees or costs for psychological or counselling services; and. Franchise Tax Laws, c. 29, § 1; 76 Del. (j) All elected public officials, public employees and public agencies are immune from civil liability for any discretionary decision to release relevant information unless it is shown that the official, employee or agency acted with gross negligence or in bad faith. — The Court may also appoint appropriate support staff in each county to ensure the proper functioning of each Investigative Services Office. — The Superior Court and the Court of Common Pleas may also appoint an appropriate number of Investigative Services Officers in each county who shall have powers and responsibilities to conduct presentence investigations, as well as other types of investigations and investigative tasks, as directed by the Court and under the supervision of the Chief Investigative Services Officer. Probation and Parole Delaware Division of Alcohol and Tobacco Enforcement (ATE) is a state law enforcement agency. C. §4352, if the individual is arrested by the Parole Officer on an emergency (handwritten) warrant, the Department shall immediately notify the Board and submit a report outlining the conditions alleged to have been violated. 11 Del. The presentence report may recommend conditions to be imposed by the court. COMMUTATION OF SENTENCE : The Board shall serve as an advisory board to the Board of Pardons on those cases in which the Board of Pardons has requested such advice. The Board can waive this requirement upon majority vote of the Board members present if written documentation of good cause for the presence of additional persons is presented to the Board at least 1 week before the hearing. (b) The Department may adopt standards governing any program of house arrest for nonviolent offenders. SCHEDULING AND NOTIFICATION : Upon receipt of reports and other supporting documents from the Department, a hearing may be scheduled before the Board. 11 Del. The Board will accept written statements from any individual having an interest in any application. Laws, c. 27, § 4; 74 Del. The presentence report may recommend conditions to be imposed by the court. The investigation should include physical and mental examination of the offender, when, in the opinion of the court, it is desirable. If the hearing is denied or if the hearing is held and parole denied the applicant and the Department shall be advised in writing by the Board of the earliest date, not sooner than 6 months for an applicant with a good-time release date of 3 years or less and not sooner than 1 year for an applicant with a good-time release date of more than 3 years, upon which the applicant shall be eligible to again apply for a parole hearing in accordance within this section. C. §4347(a), an offender committed to the custody of the Department who will be eligible for parole within 180 days may apply for a parole hearing on forms promulgated by the Board. 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