Delaware lawmakers consider new bill for probation reform

June 7, 2024

Chris Brunk,

DELAWARE – Delaware lawmakers are considering a new bill that would make changes to the state’s current probation system. It would direct courts and the Bureau of Community Corrections to use the least restrictive probation conditions to achieve proper community supervision.

Senate Substitute 3 for Senate Bill 4 has been in the works for a long time now. It’s been three years of writing, re-writing, and compromise–but finally, it’s ready to see the senate floor.

“You know, we pride ourselves on being the first state, and I think we need to take ownership of what that means, being the first to do things and being unique in how we do things,” said Delaware State Senator Marie Pinkney, the primary sponsor of the bill. She said its well past time for Delaware to update its probation system.

“I get a lot of outreach from people who are either in prison, people who are on probation, or their loved ones talking about the difficulties that they have had with probation. [They feel] like probation has got them caught up in kind of like a ‘gotcha.'”

In its current form, the bill focuses on making sure additional conditions and programs that probationers have to comply with are actually relevant —
rather than extraneous or overly burdensome for the individual: “It’s focused on making sure that whatever additional conditions someone gets tasked with are related to their criminogenic needs…related to the crime they committed, or why they may have committed a crime”

The bill would also strike from Delaware code a clause that makes it more difficult for someone on probation to obtain a marriage license. Senator Pinkney said that their initial goal in this reform was much more ambitious, trying to limit the rates of re-incarceration for those on probation. But some community stakeholders–like victims of domestic violence–feared that it would put them in danger: “There were some who felt like there wasn’t going to be enough protection for victims if we were not able to utilize reincarceration for violations of probation.”

After 3 years of conversations and compromise, Senator Pinkney thinks that this bill is a strong start for probation reform, but she still feels that there’s work to do, saying, “We are definitely not done with probation. We’re going to continue to look at how we address the use of reincarceration moving forward.”

Along with the bill, there is also Concurrent Resolution 175, which would establish the Probation System Task Force, comprised of lawmakers and other stakeholders, who would recommend additional reforms to the general assembly in July of next year.

In a statement to WMDT, the Delaware Department of Correction said:

“Over the past year, the Delaware Department of Correction has worked in good faith and in a spirit of collaboration to actively engage with legislators who seek statutory changes to Delaware’s probation and criminal justice system. The DOC leadership team has participated in numerous discussions with lawmakers to better understand the intent of the legislation, and we have provided detailed written responses to the initial language and every revision to the proposed legislation that highlight the intended – and unintended – impacts, affirm provisions that the DOC supports, and identify opportunities for further data-driven analysis. The DOC remains engaged in this dialogue, framed by a deep commitment to our dual mission to protect the public and promote successful reentry through safe and secure facilities, effective supervision, and rehabilitative services.

At this time, the DOC is carefully reviewing Senate Substitute 3 and Senate Concurrent Resolution 175, which were introduced yesterday. We will be able to provide comment and feedback when that review is complete.”

Senate Substitute 3 for Senate Bill 4 is currently out of committee, and on the ready list for consideration.