WILMINGTON, Del. – Governor John Carney on Monday signed into law eight pieces of legislation designed to restore public trust in Delaware’s criminal justice system, protect minors from facing lifelong consequences for their juvenile mistakes, and expand second chance opportunities for adults who have turned their lives around.

The bill signed today will expand the mandatory reviews of police use-of-force incidents mandate the recording of custodial interrogations, prohibit the publication of juvenile mugshots, end the prosecution of children under 12, and expand Delaware’s adult expungement law.

“I’ve said before that talk is cheap, and it’s on us to make progress,” said Governor Carney. “This has been an incredibly productive session for the General Assembly on making meaningful change to criminal justice reforms. Thank you to the members of the Delaware Legislative Black Caucus for leading the Justice for All Agenda, to the members of the General Assembly, and to the many advocates who worked on these important pieces of legislation.”

House Bill 115, sponsored by Rep. Nnamdi Chukwuocha, ends the prosecution of children under 12, except for the most serious charges, and bars transferring juveniles under 16 to Superior Court.

Scientific research has determined that youths’ brains are still developing well into adulthood, and HB 115 would take that into account by setting a minimum age of prosecution. Children in Delaware have minimum ages set for many things: getting a driver’s license, enlisting in the military, applying for a loan or opening a credit card, using a tanning bed, drinking alcohol, and buying tickets to an R-rated movie. 

“Adolescents’ brains aren’t fully developed until they’re in their mid-20s, so charging 10-year-olds with crimes only damages the child’s future. Too many lives have been sent down a dark path because of a youthful mistake,” said Rep. Chukwuocha, D-Wilmington North. “There are better ways to hold young children accountable for minor incidents without causing lifelong problems by putting them into the criminal justice system at such a young age.”

Under HB 115, juveniles under 12 could only be criminally charged with serious offenses such as murder, first- or second-degree rape or using a firearm. Juveniles under 12 who otherwise would be charged with less serious offenses would be referred to the Juvenile Offender Civil Citation Program.

House Bill 215, sponsored by Rep. Melissa Minor-Brown, requires law enforcement to electronically record custodial interrogations when they relate to a crime allegedly committed by an adult or a delinquent act allegedly committed by a child. The recording may include audio or video and audio, depending on the equipment available at the time of the interrogation.

“Interrogations are a critical component of the law enforcement process, but too often, there are questions about what actually was said or what happened in that room,” said Rep. Minor-Brown, D-New Castle South. “Much like body cameras, taping interrogations will provide an accurate record of what happened. It will increase transparency and accountability, but it will also provide protection for both the person being questioned and the officers conducting the interrogation. It will reduce false accusations and help restore trust in the process.”

Under HB 215, law enforcement officers would be required to record audio and video in most circumstances, including through the use of body-worn cameras. Interrogation subjects could refuse to participate in recordings at any time and such refusals would have to be recorded in writing or on video. The bill also directs the Council on Police Training to adopt standards and rules regarding the use of recording devices and the chain of custody that must be followed. HB 215 goes into effect nine months from signature.

House Bill 162, also sponsored by Rep. Minor-Brown, establishes a new fund for competitive grants for the targeted provision of services that have been proven effective in helping juveniles avoid contact with the criminal justice system. The new law also allocates $500,000 to the fund for cognitive behavioral therapy services and vocational training services.

“More than 80% of Delaware’s young offenders who pass through the criminal justice system reoffend within an 18-month period,” said Rep. Minor-Brown. “To address this head on, HB 162 creates competitive grants through the Kids Department supporting effective services to help reduce the recidivism rate among juveniles by keeping youth out of the criminal justice system in the first place.”

House Bill 243, sponsored by Rep. Franklin Cooke, ends the practice of disseminating mugshots of juveniles charged with minor crimes. The new law prohibits law enforcement agencies from releasing or publishing any image depicting a juvenile, including displaying an image on any publicly maintained social media page or website. The bill includes an exception for situations where a juvenile is charged with a violent felony, and release or publication of the photograph is necessary to protect the public’s safety.

Last year, Governor John Carney issued an executive order prohibiting executive branch law enforcement agencies, including the Delaware State Police and Capitol Police, from releasing juvenile mugshots, but there is no universal policy among Delaware’s 40-plus police agencies regarding publication of mugshots of minors.

“As we know, information that is posted on the internet lives on forever and can follow a person around for years. In that way, a mistake someone made as a teenager can come back to haunt them in adulthood, hurting their job prospects, even if they have managed to put their life on the right track,” said Rep. Cooke, D-New Castle North. “Worse, posting a mugshot of a juvenile online when they are simply charged with or sought in connection with a crime associates them with that offense, even if the charges are dropped, or if they’re found not responsible. Ending this practice will reduce the problems that follow people around for the rest of their lives.”

Senate Bill 148, sponsored by Senator Marie Pinkney, expands the power of the Delaware Department of Justice’s Division of Civil Rights and Public Trust to review police use-of force incidents that result in serious physical injury in addition to the office’s existing mandate to review all deadly-force incidents.

To help Delaware better track whether force is applied differently when it comes to race, SB 148 also would require the division to report the race of individuals involved in use-of-force cases and specify whether race played a factor in how force was applied.

“Senate Bill 148 is a companion bill to legislation I sponsored, and Governor Carney signed on June 30, to create the first objective use-of-force standard in Delaware,” said Senator Pinkney, D- New Castle. “Taken together, these measures will allow us to finally hold police officers accountable in a court of law when excessive force is used on a member of the public, and allow us to better track who is being physically injured by the men and women sworn to protect us.”

Governor Carney on Monday also signed three restorative justice bills sponsored by Senator Darius Brown that will further expand second-chance opportunities for Delawareans who have paid their debt to society.

Senate Bill 111, also known as the Clean Slate Act, will automate Delaware’s existing expungement process for thousands of adults and juveniles by eliminating the need for them to first file a petition with the State Bureau of Identification. Initial estimates indicate more than 290,000 adults could benefit immediately from the Clean Slate Act once it is fully implemented.

Senate Bill 112 will expand eligibility for mandatory expungements, while Senate Substitute 1 for Senate Bill 38 includes a number of technical revisions to the original Adult Expungement Reform Act passed by Senator Brown in 2019.

“Delawareans with a criminal record for even the lowest level crimes face barriers to employment, housing and an education – a lasting punishment that can haunt them long after their sentence is complete,” said Senator Brown, D-Wilmington. “We created a path to redemption for many of our formerly justice-involved neighbors two years ago, but only a fraction of people eligible for an expungement have obtained this important relief because the petition-based system currently in place can be expensive and time-consuming for the very people who need it the most. The Clean Slate Act represents a major step forward in our advancement of restorative justice that will ensure these hurdles never again stand in the way of another Delawarean obtaining a second chance at life.”

“The bills signed by Governor Carney today reflect what stakeholders have always known: our legal system works best when it is transparent, fair, and recognizes that one-sized-fits all justice is not justice at all,” said Lisa Minutola, Chief of Legal Services for the Office of Defense Services. “With these bills, Delaware is sending a message that it will make every effort to divert young children from the legal system and provide second chances so that all Delaware citizens can lead productive lives.”

“We are thrilled that Governor Carney has signed these important pieces of legislation. We remain committed to giving people a second chance,” said Tom Horne, Market Leader for JPMorgan Chase in Delaware. “With a local workforce of more than 11,000 in Delaware, JPMorgan Chase will continue to support policies that will broaden access to job opportunities and drive inclusive economic growth and to make our community a better place to live.”

Several of these bills are part of the Delaware Legislative Black Caucus’ Justice for All Agenda, a series of legislative priorities to address systemic racial injustice and police brutality unveiled in June 2020 in the wake of the murder of George Floyd and other prominent deaths involving Black Americans. Lawmakers pledged to support a wide array of reforms, including the establishment of two task forces to address law enforcement accountability and systemic issues affecting Black residents.

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STATE OF DELAWARE

DEPARTMENT OF SAFETY AND HOMELAND SECURITY

P.O. BOX 818

DOVER, DELAWARE 19903-0818

NEWS RELEASE

Date: July 9, 2020

Contact: DSHS Wendy Hudson – (302) 382-7978

DSP MCpl. Melissa Jaffe – (302) 382-2136

DSP LT. COL. MELISSA A. ZEBLEY NAMED

SUPERINTENDENT OF DELAWARE STATE POLICE

Today Governor John Carney joined Kimberly Chandler, Acting Secretary of Safety and Homeland Security, to announce the appointment of Lt. Col. Melissa A. Zebley as Superintendent of the Delaware State Police.

Lt. Col. Zebley, 50, assumes command of the State Police following the retirement of Col. Nathaniel McQueen Jr. Lt. Col. Zebley, a 28-year veteran of the State Police, is currently responsible for Internal Affairs, Information Support Services and Planning. She joined the Executive Staff in 2010 at the rank of Major with oversight of the Budget, Training Academy and Human Resource sections. In 2013, she transitioned to the role of Operations Officer overseeing New Castle County Patrol Troops and Criminal Investigations, as well as the statewide Traffic Section. Her former assignments include patrol Trooper, Training Academy Officer, Patrol Sergeant, Public Information Officer, Fiscal Executive Officer, and Troop Commander.

Lt. Colonel Zebley has also served as the Officer in Charge of the Honor Guard and as a member of the Division’s Critical Incident Stress Management Team.

“Lt. Col. Zebley has a tremendous track record of leadership at the Delaware State Police, and is the right person to lead our largest police agency” said Governor Carney. “A 28-year veteran of the State Police, Lt. Col. Zebley has the trust of community leaders not only in New Castle County, but up and down our state. I know she will build on the good work of Colonel McQueen to keep Delaware safe and continue to establish trust between law enforcement and the communities they serve. Thank you to Lt. Col. Zebley for taking on this important challenge.”

“Having served in almost every leadership position within the Delaware State Police, Lt. Col. Zebley not only possesses the qualifications, skills and experience to lead the State’s largest police agency but has also earned the respect of her fellow troopers and the Delaware law enforcement community. She has demonstrated the temperament, demeanor, and wisdom necessary to navigate the challenges in policing today and is committed to serving the citizens of our State, said Acting Secretary Chandler.

“I am humbled and honored to serve as the 26th Superintendent of the Delaware State Police. I thank Governor Carney and Acting Secretary Chandler for their faith in me to lead this division of professional and dedicated members. I pledge to serve with the dignity and honor befitting the high standards of the agency,” Lt. Col. Zebley said. “The Delaware State Police remain steadfast in our mission of service to all citizens and will continue on our course of community collaboration and progressive policing.”

Lt. Col. Zebley earned a Bachelor of Science degree in Criminal Justice from the University of Delaware and a Master of Science degree in the Administration of Justice from Wilmington University. She is also a graduate of the Northwestern University School of Police Staff and Command and a graduate of the 235th Session of the Federal Bureau of Investigation (FBI) National Academy. In addition, she is a graduate of the Anti-Defamation League’s Advanced Training School course on Extremist and Terrorist Threats and is currently attending the 43rd Session of the FBI’s National Executive Institute.

Lt. Col. Zebley is an instructor for the Delaware Leadership Development Program, a three-week school targeted for first line supervisors. Since 2003, she has served as an adjunct faculty member at Wilmington University, teaching in the undergraduate and graduate Criminal Justice Programs.

Lt. Col. Zebley is a member of the International Association of Chiefs of Police, the National Association of Women Law Enforcement Executives, Mid-Atlantic Association of Women in Law Enforcement, and the FBI National Academy Associates. She was the 2015 Chapter President of the FBINAA Maryland/Delaware Chapter. She is currently the Chair of the American Association of Motor Vehicle Administrators (AAMVA) Law Enforcement Standing Committee.

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Social service agencies will partner with law enforcement to prevent gun violence

WILMINGTON, Del. – State of Delaware social service agencies will partner with law enforcement to prevent gun violence in the City of Wilmington under a Group Violence Intervention (GVI) project announced by state and city leaders on Tuesday.

Governor John Carney joined Wilmington Mayor Michael Purzycki, Attorney General Kathy Jennings, Wilmington Police Chief Robert Tracy, and Delaware Department of Health and Social Services (DHSS) Secretary Kara Walker to announce their shared commitment to launching the evidence-based GVI strategy in Wilmington.   

Evidence shows that gun violence is concentrated among a small number of people at very high risk for both victimization and violent offending. The GVI strategy is intended to help these high-risk individuals avoid involvement in the criminal justice system, keep them safe, stabilize their lives, and create accountability for violence. DHSS, the Delaware Department of Correction, and the Delaware Department of Services for Children, Youth & Their Families are among the agencies that will provide intervention services under the partnership.

“For any city to be successful, it needs to be safe,” said Governor John Carney. “Under the leadership of Mayor Purzycki and Chief Tracy, we’ve seen a significant reduction in gun violence in our city. But – as there are in all cities – there are still communities that are disproportionately impacted by gun violence in their neighborhoods. Those shootings traumatize children and families, and tear apart entire communities. We know that this gun violence is concentrated among a small group of people who are at very high risk for offending – but also at a very high risk for being victims of gun violence. We believe we can make a real difference if we are able to reach those at highest risk, and help them avoid involvement in the criminal justice system, keep them safe, and stabilize their lives. Thank you to Mayor Purzycki, Chief Tracy, Attorney General Jennings, Professor David Kennedy and many others for their partnership on this important work.”

“Wilmington is making significant gains regarding public safety,” said Wilmington Mayor Michael Purzycki. “We are a safer City today because we are policing the City differently, and that difference is largely because of the trust that has been built between the police department and our citizens. Chief Tracy has introduced new and effective layers to our policing methods in Wilmington and today we add another layer that can continue to improve lives and further reduce crime. My thanks to the Governor, to the Health and Social Services Secretary and to our criminal justice leaders for embracing this effort and to David Kennedy, Chief Tracy and former Chief Cummings who are deeply invested in making sure this initiative works for all of us.”

“This is a new day in Wilmington’s efforts to curtail violence in our neighborhoods,” said Attorney General Kathy Jennings. “Through this initiative, we are recognizing the social and economic dynamics that so often drive violent crime, and we are disrupting those dynamics at their source. This program has shown remarkable promise in sharply reducing group violence and I am committed to its missions: protecting public safety, addressing the causes of anger and hopelessness that exist in our most underserved communities, and providing meaningful alternatives to those who would build a better life for themselves.”

The intergovernmental initiative will bring together state-level social service agencies with the Wilmington Police Department, the Attorney General’s Office, the U.S. Attorney’s Office and community leaders in an effort to further and more significantly reduce homicide and shooting incidents in Wilmington. Intervention will be based on frontline knowledge, and real-time data on violence and individuals who face the highest risk of violence.

The GVI work will be led by Bobby Cummings, the former Wilmington Police Chief who has been appointed Director of Group Violence at the Department of Health and Social Services. The National Network for Safe Communities at John Jay College, led by Professor David Kennedy, will provide technical assistance.

“Over the past several years, the Wilmington Police Department has embraced a range of proven, evidence-based policing strategies, with focused deterrence being key,” said Wilmington Police Chief Robert J. Tracy. “Implementing Group Violence Intervention – the next phase of our layered, comprehensive approach – carries the promise of achieving continued reductions in violent crime, while simultaneously offering support and wraparound services to those who embrace an alternative to engaging in gun violence.”

“We’re extremely excited to be working with Delaware and Wilmington to prevent homicide and gun violence,” said David Kennedy, Director of the National Network for Safe Communities at the John Jay College of Criminal Justice. “We’ve known and worked with Chief Tracy for years, and the commitment of the Governor’s Office puts Delaware amongst a small but growing number of states making an executive commitment to evidence-based public safety approaches. This work saves lives, keeps people out of the justice system, and builds trust between police and communities. We’re honored to be part of it.”

“As leaders, we all have a responsibility to alter the cycle of poverty, trauma and violence in order to keep individuals and families safe and healthy,” said Dr. Kara Odom Walker, Secretary of the Delaware Department of Health and Social Services. “The newly appointed Director of Group Violence Intervention in the Department of Health and Social Services will have the resources and the staffing support to meet the social services needs of the small number of people in Wilmington who are at a very high risk for both victimization and for violent offending.”

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Delaware receives $1,509,471 for the Statewide Recidivism Reduction and Innovations in Reentry Grants

Dover, DE— The Delaware Criminal Justice Council (CJC) has been awarded $1.5 million in federal grant funding to build on state level-efforts to improve Delaware’s reentry systems and reduce recidivism. The majority of funds will be administered by the Delaware Department of Correction (DOC) to prepare inmates and probationers for successful reentry. The grants are funded and administered by the U.S. Department of Justice’s Office of Justice Programs (OJP).

“We know that approximately 6,000 individuals are released from Delaware prisons each year and these grants will help us fund initiatives to improve the lives of those men and women and increase their chances for success,” said DOC Commissioner Perry Phelps. “These grants will allow us to amplify our pre-release programs by providing offenders with additional education opportunities and job training, connecting them with community resources and changing attitudes about criminal thinking.”

In December, Governor Carney signed Executive Order 27 to improve reentry procedures for incarcerated individuals in Delaware. The Order created the Delaware Correctional Reentry Commission (DCRC) to focus on reentry reform, policies and procedures, with the goal of helping former inmates more successfully reenter their communities. “We have an obligation to make sure that Delaware offenders who have served out their sentences have a real opportunity to reenter their communities successfully, and positively contribute,” said Governor Carney. “The fact is, over 90 percent of Delaware inmates will leave prison. It’s in our best interest, as a state, to make sure that they have access to education, treatment, and job skills training that will help them succeed.”

Programs and reentry improvements funded by the federal grants align with the Commission’s blueprint for reentry reform. DCRC’s reentry blueprint establishes multiple points during an incarcerated person’s journey towards prison discharge for state agencies, nonprofit organizations, and community members to administer evidence-based practices.

“Delaware has been aggressive and forward-thinking in pursuing federal grants to increase our reentry efforts,” said Christian Kervick, Executive Director of the Delaware Criminal Justice Council. “It helps tremendously that our federal partners see the commitment of Governor Carney, DOC Commissioner Phelps and five other state agencies to come together and coordinate the education, job skills, healthcare, social services and housing ex-offenders need to become productive members of our communities.”

According to the Bureau of Justice Statistics, over 2.1 million people are incarcerated in federal and state prisons, and millions of people cycle through local jails every year. Ninety-five percent of all people incarcerated in state prisons will eventually be released. Developing a comprehensive approach for reducing recidivism is challenging, requiring access to data, service delivery changes, coordination of multiple systems, and strategic planning. To address these challenges, in 2017, the U.S. Bureau of Justice Assistance competitively awarded SRR funds to five states, including Delaware, to develop comprehensive strategic plans for statewide recidivism reduction.

The grants will provide the DOC with resources and technical assistance to implement the previously developed strategic plan/blueprint under the National Criminal Justice Reform Project (NCJRP), an initiative administered in five states by the National Governor’s Association (NGA) and the National Criminal Justice Association (NCJA) and funded by the Laura and John Arnold Foundation. Interventions to be funded include:

• Programs to Support Individuals Leaving Prison:
  • Reentry case management by a nonprofit organization for probationers
  • Job training in construction skills at Del Tech for inmates at the Plummer Center (with subsequent employment at 2Fish Home Construction)
  •  Financial subsidies for probationers needing support with housing and transportation costs
  • Cognitive behavioral therapy for inmates at Morris Community Correctional Facility and for probationers already in the community
  • Equipment for Delaware Correctional Industries, to help inmates acquire job skills prior to release
• System Improvement Projects:
  • Gap analysis by George Mason University of DOC’s community corrections programming
  • Validation of two assessment tools used by the DOC to assess offender risk and assign probation levels
  • Evaluation of DOC’s contracted sex offender treatment program
  • Creation of curriculum to cross-train all direct-service DOC staff on use of the new Transition Accountability Plan (TAP), which will serve as the electronic case management plan
• Training for DOC staff on the University of Cincinnati’s Correctional Program Checklist (CPC), which builds capacity for DOC to monitor the quality of its correctional programs.

Many of the new grant-funded interventions will be overseen by the newly-launched DCRC subcommittees, which include prisoner reentry issues such as employment, education, and collaborative case management. The newly-restructured DOC Planning, Research, & Reentry Unit will oversee implementation of the initiatives, working closely with other state agencies and community organizations. “What makes these grants exciting is that we have a statewide framework for reform, and we’re able to fund programs, interventions, and projects that directly support the direction for system reform that we’re all working towards together,” says the Chief of the Unit, Joanna Champney.

Second Chance Act grants support state, local, and tribal governments and nonprofit organizations in their work to reduce recidivism and improve outcomes for people returning to their communities from state and federal prisons, local jails, and juvenile facilities. Since 2009, more than 840 awards have been made to grantees across 49 states, which have served an estimated 164,000 people to date. To learn more about the Second Chance Act and read other information and resources related to reentry, visit NationalReentryResourceCenter.org.

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Executive Order creates commission focused on reentry reform, and new office at DOC to oversee implementation

WILMINGTON, Del. – Governor John Carney on Tuesday signed Executive Order #27, which focuses on improving reentry procedures for incarcerated individuals in Delaware. The Executive Order creates a commission focused on reentry reform, policies, and procedures, with a goal of helping former inmates more successfully reenter their communities. The Order will more effectively coordinate service delivery, strengthen data sharing among agencies, create a comprehensive reentry protocol, improve the availability of academic and vocational programming prior to an inmate’s release, and strive to reduce recidivism in Delaware.

“It’s our responsibility to look out for every Delawarean. We need to make sure offenders who serve out their sentences are able to reenter society ready to positively contribute to their communities, and have the support they need to succeed,” said Governor Carney. “This Executive Order will improve our existing reentry procedures, and in turn, reduce recidivism. That will help strengthen communities across our state.”

Executive Order #27 is the result of Delaware’s participation in the National Criminal Justice Reform Project, an initiative led by the National Governors Association and the National Criminal Justice Association Center for Justice Planning to assist states in implementing evidence-based criminal justice reforms.

“This Executive Order enhances the ability for the Department of Correction to meet its goals of ensuring public safety and providing opportunities for rehabilitation to justice-involved individuals preparing to return to the community,” said Perry Phelps, Commissioner of the Delaware Department of Correction. “I look forward to working with Governor Carney and our sister agencies to reduce barriers and collateral consequences for the men and women exiting the correctional system.”

Approximately 23,000 incarcerated adults are released from the State of Delaware Department of Correction (DOC) facilities annually. Seventy-six percent of those who are released from DOC facilities are rearrested within three years. Sixty-eight percent of those released had a reconviction and sixty-five percent had a recommitment. Delaware’s percentage of probationers is approximately forty-six percent higher than the national average, and its percentage of incarcerated adults is approximately twelve percent higher than the national average. Reentry reforms in Executive Order #27 are intended to directly confront Delaware’s high rate of recidivism.

“The Delaware Criminal Justice Council is excited to work with Governor Carney and the newly-established commission to build on the continuing work of improving reentry services to all justice involved individuals,” said Christian Kervick, Executive Director of the Delaware Criminal Justice Council. “This Executive Order includes best practices and reforms to improve our Criminal Justice System and increase public safety throughout the State.”

The Delaware Correctional Reentry Commission will consist of members of the Governor’s Cabinet, the Chief Judge of the Court of Common Pleas, the Attorney General and others who work closely on this issue, including the Executive Director of the Criminal Justice Council. This Commission will oversee implementation and further develop the State’s comprehensive strategic reentry initiatives, ensuring that federal, state, and local resources are used most efficiently to reduce duplicative reentry services and align with the application of evidence-based approaches.

“Ninety-eight percent of the people who enter Delaware prisons will return to the community. They are our neighbors. We live, shop, and work in the same community,” said Adam Balick, Chair of the newly-created Delaware Correctional Reentry Commission. “It is in all of our interests to give them the tools they need to succeed when they return to our community. We know the factors that lead to recidivism. Homelessness, unemployment, drug addiction, among other things. We can lower recidivism rates in Delaware by helping these men and women reintegrate successfully.”

This Executive Order also restructures the DOC Office of Research and Planning to the Office of Planning, Research and Reentry. This office will oversee the implementation and maintenance of the Commission’s initiatives from prison to community corrections centers to probation and parole to the community.

“The National Criminal Justice Association is extremely pleased to have worked with Governor Carney and his leadership team to advance prisoner reentry reform efforts in the State of Delaware,” said Chris Asplen, Executive Director of the National Criminal Justice Association. “This Executive Order represents over a year and a half of work by many committed, hard-working leaders from a myriad of disciplines and agencies who make up the steering committee and many working groups and community groups who are dedicated to increasing public safety by improving the state’s prisoner reentry process. This EO includes the many priorities identified in Delaware’s Prisoner Reentry Strategic Plan. We are grateful to our partners at the National Governor’s Association, our consultants and to the John and Laura Arnold Foundation for the support that made this work possible.”

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