HB 73 - Amends Guidelines for Probation and Parole Officers - Delaware Key Vote

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Title: Amends Guidelines for Probation and Parole Officers

Vote Smart's Synopsis:

Vote to pass a bill that amends guidelines for probation and parole officers pertaining to house arrest, misdemeanors, and other topics.

Highlights:

 

  • Defines “house arrest” or “house arrest program” as a form of intensive supervised custody in the community, including surveillance on weekends, administered by intensive supervision officers. The house arrest program will be an individual program in which the freedom of the offender is restricted within the stable, approved place of residence of the offender or within the stable, approved place of residence of a host, parent, sibling, or child of the offender and in which specific sanctions are imposed and enforced (Sec. 2-3).

  • Authorizes the department to adopt standards concerning the conditions of probation or suspension of the sentence which the court may use in a given case. The standard conditions will apply in the absence of any other specific or inconsistent conditions imposed by the court. The presentence report may recommend conditions to be imposed by the court (Sec. 1.a).

  • Authorizes the department to adopt standards governing any program of house arrest for nonviolent offenders. The presentence report may recommend conditions to be imposed by the court (Sec. 1.b).

  • Classifies “good standing” as an offender participating in the house arrest program has, at the time such person entered the program and continuously thereafter, met the following qualifications (Sec. 2-2):

    • No pending warrants or charges; charges;

    • No major violations during the immediately preceding 45 days; days.

    • Adherence to all conditions of probation, work-release, and case plans.

  • Establishes any person committed to the corrections center to serve a short-term sentence for a nonviolent crime shall be identified by the classification officer before or upon arrival at the corrections center if such the person has not already been identified before transportation to the corrections center (Sec. 3-§ 4392.b).

  • Prohibits any person from being eligible for the house arrest program unless the person meets the following requirements (Sec. 4-§ 4393.a):

    • Participation will be voluntary; and

    • Participation shall be limited to the following types of offenders:

      • Individuals found guilty of nonviolent crimes and who, due to the characteristics of the crime and/or the offender’s background, would not be placed on regular probation; probation.

      • Probation violators charged with technical or misdemeanor violations; violations.

      • Parole violators charged with technical or misdemeanor violations.

Title: Amends Guidelines for Probation and Parole Officers

Title: Amends Guidelines for Probation and Parole Officers

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