Compassionate release bill introduced in the Senate

A bill introduced March 26 would allow sick and infirm inmates to apply for compassionate release, and let others apply for sentence modification.

Rep. Claire Snyder-Hall, D-Rehoboth Beach, said she supports the bill.

“I signed on as a co-sponsor of SB 10 because I support compassionate release for prisoners who are too old or sick to be a threat to the community or who have been successfully rehabilitated. Justice is important, but so is mercy,” she said.

Senate Bill 10 is sponsored by Speaker of the House Rep. Melissa Minor-Brown, D-New Castle; Senate Majority Leader Bryan Townsend, D-Newark; and Sen. Marie Pinkney, D-Bear.

According to officials, the Delaware Department of Correction conducts a review of individuals incarcerated in Delaware every other year to determine if they meet the eligibility requirements for sentence modification. Under existing law, the sentence modification process can be initiated only by the DOC. 

SB 10 would codify DOC’s review process, require annual reviews and would allow an incarcerated individual or their legal counsel to apply for sentence modification. For individuals who do not have private counsel, SB 10 would establish opportunities for counsel through the Office of Defense Services. 

The bill would expand the eligibility criteria for compassionate release for inmates with a serious medical illness or infirmity; inmates 60 or older, who have served at least 15 years of their originally imposed sentence, and who have been rehabilitated; and inmates who have served at least 25 years of their originally imposed sentence and who have been rehabilitated.

The Superior Court would consider applications for compassionate release and make determinations on sentence modification requests. 

“I am proud to support this much-needed expansion of our state’s compassionate release program,” said Pinkney, co-prime sponsor of SB 10. “During my time as chair of the Senate Corrections & Public Safety Committee, I heard all too often about the systemic barriers for our incarcerated population to break out of the carceral cycle.” 

SB 10 awaits action in the Senate Corrections and Public Safety Committee. 

Immigration enforcement

House Bill 94 was introduced March 27 to restrict law enforcement from cooperation with federal agencies conducting immigration enforcement activities at schools or churches without permission from the attorney general.

Snyder-Hall, a co-sponsor of the bill, said local teachers have told her many parents are afraid to send their children to school, and many students are terrified. 

“That is why I am co-sponsoring HB 94, a bill that would require the approval of the Delaware attorney general before local law enforcement can cooperate with ICE efforts to enter schools and churches. The bill simply puts up reasonable guardrails to protect our students from trauma and support their ability to learn,” she said.