PRESS RELEASE FOR IMMEDIATE RELEASE
Contact:
Lori Sitler
Phone:
(302) 577-8314
Pager:
(302) 247-1132
Date:
June 26, 2003
MAJOR
SENTENCING REFORMS WIN LEGISLATIVE APPROVAL
(Dover, DE): Two significant sentencing bills have passed the General Assembly, House Bill 210 and Senate Bill 31. The Senate has approved House Bill 210 which significantly reforms the criminal penalty structure in Delaware. Attorney General Jane Brady, who assisting in drafting the legislation and is one of the sentencing reform measure’s chief supporters, stated, “This law assures the appropriate incarceration of violent and repeat offenders, and addresses inadequacies in our sentencing provisions about which law enforcement and prosecutors have complained for years. I am particularly pleased with the certainty of jail for those who invade residences, and the increased penalties for some homicides, robberies and weapons offenses.”
Adoption of the bill is also supported by the Delaware Sentencing Accountability Commission (SENTAC) and the advocacy group, Stand Up for What’s Right and Just (SURJ).
The bill will significantly overhaul the state’s current sentencing structure. The changes to
criminal sentences are summarized below:
CRIME |
CURRENT SENTENCE |
NEW SENTENCE |
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|
Murder
Second Degree |
10 year minimum and 20 year maximum prison sentence |
15 year minimum prison sentence and maximum sentence of life imprisonment |
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|
Manslaughter |
No minimum prison sentence and 10 year maximum prison sentence |
2 year minimum and 20 year maximum prison sentence |
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|
Assault
First Degree |
No minimum prison sentence and 10 year maximum prison sentence |
2 year minimum and 20 year maximum prison sentence |
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|
Robbery
First Degree (1st offense)
|
Minimum 2 year prison sentence |
Minimum 3 year prison sentence |
||
|
Robbery
First Degree (2nd offense) |
Minimum 4 year prison sentence |
Minimum 5 year prison sentence |
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|
Burglary
First Degree |
No minimum prison sentence |
Minimum 2 year prison sentence |
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|
Burglary
First Degree( 2nd offense) |
No minimum prison sentence |
Minimum 4 year prison sentence |
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|
Burglary
Second Degree (1st offense |
No minimum prison sentence |
Minimum 1 year prison sentence |
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|
Burglary
Second Degree (2nd offense) |
No minimum prison sentence |
Minimum 3 year prison sentence |
||
|
Possession
of a Firearm By a Person Prohibited (by a prior violent felony
conviction) |
1 year minimum prison sentence |
3 year minimum prison sentence if violent felony conviction within the preceding 10 years |
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|
All
Class B felonies |
20 year maximum prison sentence |
25 year maximum prison sentence |
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|
All
Class C felonies |
10 year maximum prison sentence |
15 year maximum prison sentence |
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|
Trafficking
in Illegal Drugs: First Weight Level |
3 year mandatory minimum prison sentence |
2 year mandatory minimum prison sentence (excepting heroin) |
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|
Trafficking
in Illegal Drugs: Second Weight Level |
5 year mandatory minimum prison sentence |
4 year mandatory minimum prison sentence (excepting heroin) |
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|
Trafficking
in Illegal Drugs: Third Weight Level |
15 year mandatory minimum prison sentence |
8 year mandatory minimum prison sentence (excepting heroin) |
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|
Manufacture/ Delivery/Possession
with Intent to Deliver Illegal Drugs (Second Offense) |
15 year mandatory minimum prison sentence |
3 year mandatory minimum prison sentence for all drugs except heroin; 5 year mandatory minimum prison sentence for heroin |
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|
Manufacture/ Delivery/Possession
with Intent to Deliver Illegal Drugs (with prior drug offense) |
3 year mandatory minimum prison sentence for all drugs except narcotics; 5 year mandatory minimum prison sentence for narcotics |
3 year mandatory minimum prison sentence for all drugs except heroin; 5 year mandatory minimum prison sentence for heroin |
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The reforms will ensure that prison bed space is reserved for violent offenders, that penalties are adequate to protect society and to deter others from committing similar crimes.
In the area of drug offenses, the minimum weight of cocaine necessary to establish the crime of trafficking in cocaine will be increased from 5 grams to 10 grams. It further authorizes the Department of Correction to house a drug offender in a half-way house or home confinement status during the last 180 days of their sentence to facilitate substance abuse treatment.
The provisions to help combat the rise in the number of armed robberies and violent assaults committed by juveniles are included in response to concerns raised by Mayor James Baker of the City of Wilmington. Jurisdiction over juvenile offenders charged with robbery in the first degree or assault in the first degree will now originally be brought in the Superior Court with that Court having the discretion to maintain jurisdiction or transfer the case back to the Family Court for adjudication. Superior Court jurisdiction over these cases provides for a substantial increase in the range of available penalties. The bill further establishes a one-year mandatory minimum commitment to the custody of the Department for Children, Youth and Families for any juvenile adjudicated delinquent in the Family Court for acts constituting the crimes of possession of a firearm during the commission of a felony or robbery in the first degree.
Senate Bill 31, which was part of the Attorney General’s legislative agenda, was approved by the House of Representatives late yesterday. The bill modernizes Delaware’s criminal code by providing increased penalties for criminal offenses committed by corporations and organizations. Currently, the fines applicable in these cases are minimal in comparison with the harm caused and are insufficient to fairly punish corporations for serious violations of the criminal law. Senate Bill 31 substantially increases the fines which can be imposed on corporations and allows the Court to determine the appropriate monetary fine in cases resulting in death or serious physical injury. Attorney General Jane Brady stated, “This bill assures that corporations, acting irresponsibly, have appropriate sanctions as consequences for their misconduct.”
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