(3) A misdemeanor which resulted in physical injury or death. 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. 24. The date an offender is scheduled for a hearing before the Board. SEX OFFENDER RISK ASSESSMENT TIER DESIGNATION REVIEW : Pursuant to 11 Del. AUTHORITY AND POWERS : Pursuant to 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. C. §4352, may be returned by the Board to prison to serve the unexpired portion of the term under which they were released. In addition to law-enforcement notification, the release of a Tier Two offender shall require a Community Organization Alert pursuant to this paragraph. (f) The Attorney General shall use any reasonable means to notify the victim of the anticipated release unless the victim has requested not to be notified. Main Office - Wilmington. C. 1953, § 4336; 54 Del. 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 … Determination Whenever a defendant is convicted of a crime in Delaware, the court can direct an investigation into the person's background to determine if probation is appropriate for sentencing. The court shall cause a copy of any such order to be delivered to the Department and to the probationer. CONFIDENTIALITY : Delaware law provides that the Board’s records are privileged and are not to be disclosed. Laws, c. 27, § 4; 74 Del. Such register shall be accessible by the name of each offender or by county of residence of each offender. 17. PAROLE RESCISSION : The Department shall notify the Board in writing whenever: Upon receipt of the above-noted information, the Board will schedule the offender for a rescission hearing. (d) Notwithstanding any provision of subsection (c) of this section or any other law, rule or regulation to the contrary, the Department is authorized to administratively resolve technical and minor violations of the conditions of probation or supervision at Accountability Levels I, II, III or IV when a sanction less restrictive than Level V is being sought by the Department as a result of the violation, and is further authorized to administratively resolve technical and minor violations of conditions of probation at Accountability Levels I, II, III, or IV by placing the probationer at Accountability Level IV for a period of not more than 5 days consecutively, and not more than 10 days in any 1 calendar year, or on home confinement for a period of not more than 10 days consecutively, and not more than 20 days per calendar year. The Connecticut Interstate Compact Probation and Parole Offices are open and available to address any issues. C. §4322, however, the Court, in its discretion, however, has authority to determine when it is appropriate to permit the inspection of Board records. 7. c. Attempt to commit any of the foregoing offenses, or of the release of any juvenile adjudicated delinquent on the basis of an offense which, if committed by an adult, would constitute: (2) a. (h) Notwithstanding any statute, rule or regulation to the contrary, upon conviction of any person for any sexual offense, as defined in § 761 of this title, and upon request of either party, the court shall direct that a presentence report be prepared by a presentence officer. The Board will attempt to conduct the final revocation hearing within two (2) months of receipt of the report alleging a new conviction or two (2) months of receipt of the results of the preliminary hearing alleging a “technical” violation, whichever is relevant. The court will place defendants on probation in one of four categories, rangin from I to IV. (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. ©MMXX Delaware.gov. Six months experience in probation and parole work which includes motivating and ensuring offenders comply with terms of court imposed probation or conditions of release from a correctional facility including arrests and searches. Reductions may be requested for, but not limited to, reasons of exceptional rehabilitation and/or treatment considerations. Breaking probation in Delaware is a serious offense. (n) The Court in which any person described in subsection (b) of this section is sentenced shall designate for the official in charge of the institution of confinement or state hospital at the time of sentencing that notice in accordance with this section shall be required. If there is any question about the nature of the testimony, the Board may require a written summary before the hearing. This rule with respect to advance notice may be suspended upon the majority vote of the Board members present. Locations Directory Gross Receipts Tax — The Superior Court and the Court of Common Pleas may appoint a suitable person in each of the counties of the State to conduct such presentence investigations and to perform such other duties, within or without the county of the personâs residence, as the Court may direct. 19. (f) Except as provided by subsection (g) of this section, in no event shall the total period of probation or suspension of sentence exceed the maximum term of commitment provided by law for the offense or 1 year, whichever is greater; provided, that in all cases where no commitment is provided by law the period of probation or suspension of sentence shall not be more than 1 year. 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. Upon notification of the re-designation by the Attorney General, the offender may request the Board of Parole to review and finally determine the designation. C. §4122, sex offenders identified under 11 Del. All such offenders are subject to return before the Board of Parole as violators of parole or mandatory release and, pursuant to 11 Del. The Board restricts the number of individuals attending hearings as follows: For the offender, 5 persons (if approved in advance by the Board) plus the offender’s attorney(s); in opposition, 5 persons plus representative(s) of the State. The offender, through the supervising officer, may present his/her views to the Board with respect to these special conditions. The offender is entitled to rights as follows: advance written notice of the time and place of the hearing, and of specific parole violations; presence of counsel of choice or to have counsel appointed; an opportunity to be heard in person and to present evidence and/or witnesses and for a limited right to cross-examine witnesses; The sentencing date, including effective date of sentence, parole eligibility date, short-time release date and maximum expiration date. (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. — An âInvestigative Services Officerâ is a person selected by the Court through such personâs training and experience to produce reports as identified above to assist the Court in determining restitution, costs and recommendations for sentences for a person convicted of an offense under the Delaware Code. Laws, c. 316, § 1; 60 Del. 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. §4347(k), the Board has the responsibility to notify the victim at least 30 days prior to a scheduled parole hearing for an inmate convicted of a felony offense. Social Media, Built by the Government Information Center (e) A probationer for whose return a warrant cannot be served, shall be deemed a fugitive from justice or to have fled from justice. The immunity provided under this section applies to the release of relevant information to other employees or officials or to the general public. 69 Del. Supervision is exercised over at least two or more full-time Merit positions per Merit Rule 5.1460. Laws, c. 349, § 7; 66 Del. COURTESY HEARING : Upon request, the Board will conduct a hearing, consistent with the Board’s policies and procedures, for an out-of-state person housed in Delaware’s prison system. (b) The Department may adopt standards governing any program of house arrest for nonviolent offenders. (c) Upon such arrest and detention, the Department shall immediately notify the court and shall submit in writing a report showing in what manner the probationer has violated the conditions of probation or suspension of sentence. SENTENCE MODIFICATION : Pursuant to 11 Del. Help Center Laws, c. 176, § 20; 71 Del. 15a. C. §4343, the Delaware Board of Parole (the Board) is the paroling authority for the State, with responsibilities for deciding parole release, parole revocation and parole supervision level and recommending commutation of sentence to the Board of Pardons. The overall mission of Delaware County Adult Probation and Parole Services is to ensure that the community is protected and that all defendants are held accountable to comply with the terms of any sentence imposed by the Court of Common Pleas. — 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. 12. Justia - Delaware Probation Office Main Office - Wilmington - Free Legal Information - Laws, Blogs, Legal Services and More Business First Steps, Phone Directory Laws, c. 392, § 6.; § 4335 Presentence investigations; Superior Court; Court of Common Pleas; Investigative Services Officers. 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. 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. Laws, c. 322, § 4; 78 Del. Laws, c. 94, § 1; 59 Del. How to visit Probation and Parole / Day Reporting Centers inmates. Delaware Topics (a) The Department may adopt standards concerning the conditions of probation or suspension of sentence which the court may use in a given case. You will motivate and ensure offenders comply with the terms of court imposed probation or … Pursuant to 11 Del. Delaware courts hand down definite flat sentences. 16. The re-designation request will be granted only upon favorable vote of the majority of the Board members present and voting (Adopted May 20,1999). Probation and Parole Supervisor This is the supervisory level. As of March 19, 2020, the Delaware Interstate Compact Office is limiting retakes and extraditions, suspending discretionary transfer requests and will have limited in-person reporting. (d) In the event that community service is imposed as the sole sanction by the court, noncompliance with the community service order shall constitute criminal contempt. 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. Understanding Probation Violation in Delaware. 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. All local and state agencies shall make available to the Investigative Services Office such records as the Investigative Services Office may request. The testimony of witnesses must be relevant to the alleged violation and not cumulative. — The Court may also appoint appropriate support staff in each county to ensure the proper functioning of each Investigative Services Office. In accordance with 11 Del. REVOCATION HEARINGS : The Board’s standards pertaining to hearings for revocation of parole or mandatory release are adopted from those prescribed by the 1972 Supreme Court decision on Morrisey v. Brewer. The victim impact statement shall not be required where an immediate sentence is rendered, except in cases of conviction by plea or where the defendant has been convicted under § 4209A of this title [repealed]. In order to facilitate the appropriate sentencing of any offender or for any other court proceedings, the Investigative Services Office may be ordered by the court to administer an objective risk and needs assessment instrument and prepare an appropriate report thereof for the court. Laws, c. 269, § 8; 71 Del. Under this section, the purpose of home confinement is to reduce the number of persons held at Level V and Level IV facilities by substituting home confinement when appropriate. C. § 4341, a board of parole is established consisting of 4 members appointed by the Governor. MEETINGS : It is the practice of the Board to meet on an average of three (3) times per month to conduct the business of the Board. 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. Delaware Courts have returned to Phase Two of the reopening plan as of November 16, 2020. Individuals wishing to offer presentations to the Board in support or in opposition to an offender’s application for parole must provide documentation of the reason for attending in advance of the hearing. Community notification should be targeted to a defined community. The report thereof shall be in such form and over such subjects as the Superior Court shall direct. (c) Any offender who is serving more than 1 sentence imposed following convictions in more than 1 case shall not serve a consecutive period of probation or suspension of sentence that is in excess of the limitations imposed by subsection (b) of this section. Each of such persons shall be the Chief Investigative Services Officer and shall be an officer of the Court. 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. 4321. 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. Individuals on supervision are required by the Court to abide by certain rules. Distributes, approximately 7 days before the tentative date, all pertinent information to each member of the Board. The register required by this subsection shall be established by the Delaware State Police no later than 6 months after June 21, 1996. Generally, special conditions relate to the offender’s offense pattern and the possibility of further serious law violations. 6. 18. Delaware. Any individual’s statement must not exceed 5 minutes, unless the Board agrees in advance to extend the presentation time. Learn more about the public reopening plan. (3) Those persons receiving a âHigh Riskâ score on the Registrant Risk Assessment Scale shall be considered a Tier Three offender. AUTHORITY AND POWERS : Pursuant to 11 Del. The elements of supervision include planning, assigning, reviewing, evaluating, coaching, training, recommending hire/fire and discipline. C. §4347(l), notices of Board decisions are sent to the victims and the Department of Justice at the same time notice is sent to the inmate. During this four-year period it is likely that thousands of men and women were returned to prison not for breaking any law but for violating their parole and probation rules. The written summary shall state how the testimony is relevant to the alleged violation. You will motivate and ensure offenders comply with the terms of court imposed probation or conditions of release. In addition to any conditions imposed by the Department or by the court, each program involving house arrest for nonviolent offenders, regardless of the official or unofficial name of the program, shall include a reasonable monthly payment by each offender participating in the program, clear and consistent sanctions when a participant in the program violates any of the conditions, and the ownership or leasing of all equipment by the Department of Correction. The Department may submit a request for review in the absence of an offender’s request. In any county where a Court of Common Pleas Investigative Services Office does not exist, each Superior Court Investigative Services Officer shall, with the approval of the Superior Court, conduct such presentence investigations for the Court of Common Pleas as said Court shall order. If approved, the nature of the approval. In cases where no incarceration is provided by law, the number of hours of community service fixed by the court shall not exceed 100. C. 1953, § 4335; 54 Del. Laws, c. 128, § 1; 77 Del. (i) A complete register of all persons convicted after June 27, 1994, of any of the offenses specified in subsection (a) of this section, or of attempt to commit any of such offenses shall be created, maintained and routinely updated by the Delaware State Police for immediate accessibility by the Delaware Justice Information System (DelJIS) computer to all law-enforcement agencies. Any of the offenses specified in §§ 1108 through 1111 of this title; or. Transparency In Delaware, there are felonies, misdemeanors and violations. Laws, c. 345, § 1; 78 Del. State Regulations The Overview of Probation and Supervised Release Conditions is intended to be a resource for defendants, judges, probation officers, prosecutors, defense attorneys, and other criminal justice practitioners. (k) There shall be no civil legal remedies available as a cause of action against any public official, public employee or public agency for failing to release information as authorized in this section. Public Meetings In 1999, she became a Probation and Parole Officer specializing in sex offender supervision. C. 1953, § 4333; 54 Del. As a Probation and Parole Officer , you will be responsible for overseeing people who have been convicted of a crime but are released on probation or parole. The Board will rescind all orders authorizing the Department to release the offender on parole upon completion of pre-parole conditions in cases where the offender has failed to meet pre-parole conditions. 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. If the offender is on escape status, the hearing will be scheduled as a non-appearance. If you are allowed to remain free on supervision or probation, you will be expected to follow certain rules. Level II (Delaware Probation and Parole) - it is the standard probation and parole program. Laws, c. 228, §§ 11-35; 70 Del. Backed by Jay-Z, Meek Mill and Van Jones, the Reform Alliance aims to transform the justice system’s use of community supervision through parole and probation. Such information shall be updated as often as practicable, but not less than every 3 months, and shall be maintained by the Superintendent of the Delaware State Police, as set forth in § 4120 of this title, and elsewhere in this section. No person shall be released from incarceration or confinement unless and until the person cooperates with the appropriate authorities pursuant to this section. The Board will accept written statements from any individual having an interest in any application. (a) The period of probation or suspension of sentence shall be fixed by the court subject to the provisions of this section. SCHEDULING AND NOTIFICATION : Upon receipt of reports and other supporting documents from the Department, a hearing may be scheduled before the Board. 3. Laws, c. 349, § 7; 57 Del. Tax Center Laws, c. 60, § 6; 78 Del. It allows defendants who are employed to maintain employment, and those are not to actively seek employment. The Department shall develop guidelines for probation officers to assist them in providing consistent and appropriate responses to compliance and violations of the conditions of probation or supervision. Senior Probation and Parole Officers are responsible for providing case management and community supervision to court-ordered youth and their families. 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. C. §4343, the Delaware Board of Parole (the Board) is the paroling authority for the State, with responsibilities for deciding parole release, parole revocation and parole supervision level and recommending commutation of sentence to the Board of Pardons. 14. Notices of hearings resulting in parole are sent to the news media within ten (10) days of the hearing. A request for review must be submitted in writing, with supporting documentation, by the offender or the offender’s attorney and the Department of Correction within 30 days of the Board’s decision or within 30 days of knowledge of the new significant information. Laws, c. 392, § 5.; § 4334 Arrest for violation of conditions; subsequent disposition. The courts can impose probation for periods up to two years for any violent felony, 18 months for any crime committed against children (or other crimes under Title 16 of the Code of Delaware), and up to one year for any other offense. the right of the victim to address the Board in writing or in person; and. (2) As used in this section, the phrase âperiod of probation or suspension of sentenceâ shall not include any period of a sentence that is designated by the sentencing court to be served at Supervision Accountability Level IV as defined in § 4204(c)(4) of this title. Withholding Tax In addition to law-enforcement notification and a Community Organization Alert, the release of a Tier Three offender shall require community notification pursuant to this paragraph. They are basically the same whether the person is on probation, parole, military parole, mandatory release, or supervised release. C. 1953, § 4334; 54 Del. (i) The Department shall have the authority without leave of the court to reclassify any offender sentenced to probation at Accountability Levels I, II or III, provided that the Department shall first evaluate the offender using an objective classification tool designed to assist in the determination of the appropriate level of probation. As a Probation and Parole Officer for the Department of Corrections, you will be responsible for overseeing people who have been convicted of a crime but are released on probation or parole. At the time of notification, victims are provided with options for input prior to the hearing. 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