Enacts initiative proposed in Governor’s State of the State Address

Wilmington, DE – Governor Markell has signed legislation into law that enacts a proposal from his State of the State address to reform Delaware’s habitual offender law, eliminating mandatory life sentences for drug offenders and providing judges with more discretion for sentencing non-violent offenders. Senate Bill 163 was championed by State Senator Karen Peterson and received bi-partisan support when approved recently by the General Assembly.

“The trend of stiffer mandatory sentences for an increasing number of crimes hasn’t worked,” said Markell. “I’m proud to sign into law this common-sense reform that provides new opportunities for those who don’t pose a threat to public safety to return to their families and contribute to our society, while ensuring dangerous offenders are appropriately sentenced to long prison terms. Thanks to Senator Peterson’s leadership and the strong support of Attorney General Denn and others, we’ll be in a better position to make smart, informed decisions on using our correctional resources effectively to keep our communities safe and strong.”

The bill, which is in line with a proposal from the Governor’s State of the State address, is part of an effort to reduce the prison population, and it follows last week’s enactment of legislation restoring voting rights to individuals who have completed their sentences to empower them to become full, productive members of their communities.

As the Governor noted in his State of the State, criminal behavior peaks when defendants are in their early 20s and releasing even one long-term inmate who no longer poses a threat to public safety would free up as much bed space as releasing dozens of short term detainees.

The Markell Administration’s criminal justice reforms have powered a nearly three-fold increase in the number of defendants in community-based pre-trial supervision, reduced the detention population by 18%, and increased reentry programs that are aimed at reducing recidivism. Click here to learn more about efforts to adopt a smarter, more effective criminal justice system.

“It’s time to end the insanity of imposing draconian, ‘one-size-fits-all’ sentences on people who are not a danger to society,” said Sen. Karen Peterson, the prime sponsor of the legislation and a long-standing advocate of criminal justice reform. “This bill is a step in that direction.”

“Delaware’s ‘three strikes’ law is an outdated policy that has led to overflowing prisons, but has done little to reduce crime or make our communities safer,” said Rep. James “J.J.” Johnson, the bill’s lead House sponsor. “There are criminals who should be imprisoned, but using a one-size-fits-all approach benefits no one in the long run. We should trust our judicial system to make the appropriate determination for each offender.”

“This legislation is designed to address some irrational and disproportionate minimum mandatory jail sentences – such as one that provides the same minimum mandatory sentence for someone who burglarizes a house as for someone who commits murder – while still allowing judges the discretion to provide longer sentences when they deem necessary,” said Attorney General Matt Denn. “It is a meaningful step in reforming one aspect of the criminal justice system that disproportionately punished non-violent offenders while preserving public safety and continuing long prison sentences for those who deserve them.”

“We commend Governor Markell and the General Assembly for taking a step toward restoring sentencing discretion to our Superior Court judges. This legislation eliminates the harsh and excessive habitual offender sentences in certain nonviolent cases,” said Chief Defender Brendan O’Neill. “Our judicial system should be about fairness and rehabilitation. This legislation is a good start in ensuring that Delaware stays true to that mission.”

Highlights of Senate Bill 163:

• Makes changes to the existing habitual criminal statute by focusing penalties on violent crimes against persons and property, eliminating a mandatory minimum sentence of life imprisonment that can currently be imposed solely for drug crimes, and providing a mechanism for those convicted under existing law to petition the court for a sentence modification;

• Provides for enhanced penalties for habitual criminals convicted of multiple felonies and distinguishes between violent crimes against persons and property and other felonies;

• Provides an opportunity for those who were convicted under the existing law to petition for a sentence modification once the person has served any applicable minimum mandatory sentence. Such petitions for sentence modifications will be subject to procedures set forth in the statute and to court rules.

Enacts State of the State proposal to remove financial bar to voting

Wilmington, DE – Today, at the Achievement Center in Wilmington, Governor Markell signed legislation that removes the financial bar to restoring voting rights for people convicted of felonies who have completed their sentence. The legislation, shepherded through the General Assembly by Senator Margaret Rose Henry (D-Wilmington East) and Representative Helene Keeley (D-Wilmington South), will make Delaware one of 40 states that have increased access to the ballot box in recent years and will prevent an individual from being unable to participate in our democracy because of their inability to pay.

“Voting is one of the most fundamental rights we have as Americans, and while everyone should pay up, these financial barriers should never be a reason individuals are unable to participate in our democracy,” said Governor Markell. “I’m proud to sign this legislation to enable more individuals to become full members of their communities, and to build on our efforts to have more ex-offenders become productive citizens when their sentences end.”

In his State of the State Address, the Governor called on the legislature to enact this legislation to expand voting rights and to build on the substantial progress the state has already made in ensuring our criminal justice system is more equal, ending discriminatory practices of the past, and empowering individuals reentering society. More information on these efforts can be found here.

In 2013, with House Bill 10, the Delaware General Assembly amended the Delaware constitution to remove a five year waiting period for restoration of voting rights, but Delaware code still required all financial obligations be met before voting rights were restored. Voting promotes participation in our society and enhances social ties. Senate Bill 242 ensures individuals aren’t prevented from exercising that fundamental right.

“Requiring people who have served their time to pay full restitution unfairly disqualified many voters who have a fundamental right to participate in our democracy,” said Sen. Margaret Rose Henry, the lead Senate sponsor of SB 242. “Good faith efforts to pay one’s debt to society should be rewarded with good faith, and that’s what lifting these financial impediments to will do here in Delaware.”

“Delaware took an important step forward a few years ago in abolishing an arbitrary waiting period for regaining voting rights. That bill was the result of years of dedication and unwavering support from former Reps. Al and Hazel Plant,” said Rep. Helene Keeley, the lead House sponsor of SB 242. “This legislation fulfills our goal of restoring voting rights to those who have completed their period of incarceration and should by any other means have the right to vote. Regaining the right to vote is a critical component of reintegrating into society.”

“Disenfranchising people who have served their time is punitive and it stigmatizes people who are taking meaningful steps to turn their lives around,” said Sen. Bryan Townsend. “This legislation doesn’t merely reinstate voting rights, it empowers people and increases the likelihood that they will stay out of prison and contribute to our society in other meaningful ways.”

“Voting for who represents you in government is one of the most liberating, important things you can do as a member of society,” said Rep. Stephanie T. Bolden. “We removed one big hurdle a few years ago, but the current system continues to hamper people’s ability to cast their votes, even as they rejoin society and get their lives back on track. By removing this hurdle, we’ve invited more Delawareans to be part of the process and participate.”

“Giving individuals the ability to participate in the voting process is a huge step forward in allowing individuals to feel valued and like they belong to their communities,” Grandville Brown, Director of Peer Reentry Services for Connections, said. “I thank Governor Markell, and the sponsors of this legislation for fighting so hard to see this legislation through and for further opening up the democratic process.”

Dover, DE – Early this morning, Governor Jack Markell signed a balanced Fiscal Year 2017 budget funding programs that build on the progress made to increase Delawareans’ opportunities to make the most of their talents. The budget reflects changes realized and reinforced by the Administration and the General Assembly over eight years, helping the state achieve the fastest job growth in the region while raising the quality of life for all Delawareans.

“By continuing our focus on the areas that have the greatest impact on our future prosperity, like education and job training, research and innovation, we’ll make sure our state continues to become a prosperous place to live, work, and raise a family,” Governor Markell said.

Read facts about Delaware’s progress here.

2017 Operating and Capital Budget and 2016 Legislative Session Highlights

Fiscal Responsibility

The Fiscal Year 2017 Operating Budget, Bond and Capital Improvements and Grants-in-Aid bills hold true to the Administration’s commitment to fiscal responsibility by only appropriating 98 percent of anticipated revenue and fully funding the Rainy Day Fund, commitments that have helped Delaware maintain its coveted Triple-A bond rating.

• The Fiscal Year 2017 Operating Budget represents 4.49% growth over Fiscal Year 2016, with the vast majority of that growth earmarked for increases in Medicaid ($63.1 million), state employee and retiree healthcare ($33.3 million), state employee salaries ($20.3 million), and school employee step and pay plan increases and unit count obligations ($26.0 million).

• Average annual budget growth during the Markell administration (2009-2016) has been negative, and the lowest in the last 40 years, when adjusting for inflation and population growth.

• As of June 1, there are 733 fewer state employees working in the Governor’s executive branch agencies compared to March 2009. More than 1,100 positions have been eliminated, and a further 35 were eliminated in the Fiscal Year 2017 Operating Budget.

“While our collective efforts to develop a responsible and balanced spending plan for Fiscal Year 2017 should be celebrated, this year’s budget was especially challenging. Growing costs in some areas, particularly in health care, are unsustainable and I’m hopeful that proposals we have made will set the stage for reforms because without change, we cannot afford other key investments.”

Economic Development

“We are well positioned to continue to create jobs and grow Delaware’s economy,” Markell said. “We have built on our progress this year by making our tax code more sensible for businesses large and small, supporting research and innovation, and continued focus on economic development in our downtowns. This will put Delaware in a stronger position to retain jobs and encourage employment growth in the years to come.”

• Bipartisan Delaware Competes Act (HB 235) changes the way corporate income tax is calculated to ensure companies are incentivized to hire and expand in the state, and to modify filing requirements that were overly burdensome to small businesses.

• The Commitment to Innovation Act (SB 200) includes provisions to expand the state research and development tax credit and incentivize companies to establish headquarters in Delaware.
• The Fiscal Year 2017 Bond and Capital Improvements Act includes $8.3 million to support the Downtown Development Districts program, which the Governor proposed, and the General Assembly passed, in 2014. Since then, $14 million in grant funding has been allocated through the program which, in turn, is leveraging more than $290 million of private investment in the current districts. It also includes:
o $4.5 million to support the redevelopment of the former NVF and Ft. DuPont sites
o $10.0 million for the Delaware Strategic Fund
o $15.8 million to support investment and growth at the Port of Wilmington

• House Bill 327, proposed in the Governor’s 2016 State of the State Address, will permit the use of online crowdfunding platforms, allowing Delaware residents to invest in Delaware start-ups and small businesses, expanding the potential pool of investment capital for small businesses while also giving Delawareans the chance to be early stage investors in these ventures.

In addition to legislation and budget items, during the last year the Administration’s TechHire initiative expanded through a new coding school at Delaware Tech, the innovative Pathways to Prosperity program experienced continued growth, enrolling 2,500 students this past school year and on track to doubling the size of the program to 5,000 this coming fall, and a partnership with McKinsey Social Initiative’s Generation USA Youth Employment Program was established to provide workforce training to disadvantaged Delawareans in a variety of in-demand fields.

Education

“Students of all ages will have more access to great educational opportunities because of investments in high-quality early learning, innovative programs like world language immersion, and greater chances to earn college credit and workplace experience before graduation,” said Markell. “And, for the first time, we have recognized that our educators deserve to be paid more for taking on additional leadership responsibilities while remaining in the classroom, rather than only by becoming administrators.”

• Governor Markell applauded passage of Senate Joint Resolution 17 and Senate Bill 300, which supports continued efforts by the Wilmington Education Improvement Commission to improve educational opportunities for many of our most vulnerable students and their families, including ongoing consideration of the difficult process of redrawing district boundaries in a way that makes sense for all families.
New education investments enacted this year include:

• The Fiscal Year 2017 Operating Budget includes $9.4 million in new funding to continue projects that support access to high-quality early learning programs for low-income children and improve early learning opportunities for families throughout Delaware. Through a shared commitment to investing in early childhood education, since 2011 the number of low-income kids who attend the most highly rated early childhood education programs has risen from just 5% to 70%.

• The Fiscal Year 2017 Operating Budget includes $1 million in new funding to pilot opportunities for educators to earn more for taking on leadership responsibilities without leaving the classroom for administrative positions and provides stipends for educators who aren’t receiving compensation for their National Board Certification.

• The Fiscal Year 2017 Bond and Capital Improvements Act includes $76.4 million to fund public education construction projects throughout the state.

• The Fiscal Year 2017 Operating Budget invests $26 million in new funding for teacher compensation and schools to maintain the Administration’s commitment to targeted class sizes and quality education.

Public Safety and Criminal Justice Reform

“Public safety is our highest priority and is vital to creating opportunities in communities statewide,” Markell said. “We remain vigilant in cracking down on criminals who threaten that safety, but we recognize that lengthy mandatory sentences, especially for drug offenses that did not include an act of physical violence, don’t make us safer and are massively expensive. Delaware has done much in recent years to protect the public by keeping guns out of the wrong hands, and we should all be proud that we took another common sense step this year by closing a loophole that allows people to purchase firearms without passing a background check.”

• Senate Bill 163 eliminates mandatory minimum life sentences, provides additional discretion to judges in imposing sentences for repeat offenders, and provides a mechanism for those convicted under the existing habitual offender law to petition the court for a sentence modification.

• House Bill 325 extends from three to 25 days the amount of time for a background check to be completed before a gun buyer may complete his or her purchase. It will not affect the vast majority of purchases since more than 91 percent of background checks are completed within minutes or, at most, hours. The three-day limit has become known as the “Charleston Loophole” after last year’s mass shooting in which nine people were murdered in a Charleston, S.C. church. The suspected gunman purchased the firearm used in the killings through the delayed transaction loophole after a background check took longer than three days. It was later determined that the sale should have been denied.

• Senate Bill 242, which ensures that individuals aren’t prevented from exercising their fundamental right to vote by removing the financial bar to restoration of voting rights for people convicted of felonies who have completed their sentence. Delaware had been one of only three states that required payment of financial obligations before restoration of voting rights, and the only state with a statutory bar to restoration of voting rights until full payment was made.

• The Fiscal Year 2017 Bond and Capital Improvements Act includes $6.35 million to fund a modern communication system for public safety agencies and emergency responders.

Civil Rights

“Thanks to the committed leadership of civil rights icons, civic leaders, and ordinary Delawareans, our state today is a place of acceptance and tolerance, but we can’t avoid the legacy of our long struggle with issues around race and we can’t avoid the enduring impact of historic discrimination,” Governor Markell said. “Accepting the responsibility of tearing down barriers that face so many of our neighbors as a result abhorrent laws and practices carried out against African-Americans is an important step toward creating equality of opportunity and the society we dream of for us and for our children.”

• House Joint Resolution 10 apologizes for Delaware’s historic role in slavery, acknowledges its painful and lasting legacy, and commits to embracing a future free of racial bias, prejudice, and discrimination. Governor Markell joined legislators, civil rights and civic leaders, educators, and community members to sign the resolution in a commemorating marking Black History Month.

Quality of Life

“We realize the full potential of our state’s high quality of life and strengthen Delaware’s communities by encouraging homeownership, investing in accessible public facilities, and connect residents and visitors with opportunities to enjoy our abundant natural resources,” Governor Markell said.

• The Fiscal Year 2017 Bond and Capital Improvements Act includes more than $20 million to invest in a variety of projects that will strengthen neighborhoods and improve the quality of life:
o $6.0 million to replenish the State Housing Authority’s Housing Development Fund
o $10.7 million to continue the Markell Administration’s historic support of public library construction in all three counties, a record for any administration in state history
o $3.5 million to support the rehabilitation of state park facilities
o $2.5 million to build on record construction of new public trails and pathways during this Administration

Social Services/Healthcare

“We have an obligation to act to protect vulnerable Delawareans and we’re doing that by increasing opportunities for those with disabilities and mental illness to meet their full potential through employment and independent living, and by expanding efforts to intervene with those who are struggling in the drug abuse epidemic or are at risk of contracting communicable diseases,” Governor Markell said.

• The state’s 2017 Operating Budget includes new funding $4.8 million for the Division of Developmental Disabilities Services to support 75 additional residential placements and 140 additional special school graduates and $250,000 for community-based services for individuals with serious and persistent mental illness.

• Senate Bill 259 authorizes the Division of Public Health to expand the existing Syringe Exchange Program statewide. This program helps reduce the sharing of potentially infected needles, educates participants about the dangers of contracting HIV or hepatitis through needle-sharing practices, and provides HIV and other communicable disease testing to support the state’s larger efforts to address opioid addiction and HIV transmission.

Approves initiative proposed in Governor’s State of the State Address

Dover, DE — The General Assembly approved legislation today that removes the financial bar to restoration of voting rights for people convicted of felonies who have completed their sentence. Delaware had been one of only three states that required payment of financial obligations before restoration of voting rights, and the only state with a statutory bar to restoration of voting rights until full payment was made.

In 2013, with House Bill 10, the Delaware General Assembly amended the Delaware constitution to remove a five year waiting period for restoration of voting rights, but Delaware code still required all financial obligations be met before voting rights were restored. Voting promotes participation in our society and enhances social ties and Senate Bill 242 ensures individuals aren’t prevented from exercising that fundamental right.

“Once an individual has paid their debt to society, it is important that we allow them to contribute to their communities,” said Governor Markell. “Voting is one of their most fundamental rights as Americans and I congratulate the members of the General Assembly for increasing access to the ballot box and promoting a more inclusive society.”

As the Governor mentioned in his State of the State Address, this legislation will make Delaware one of 40 states that have in recent years increased access to voting for people who have served their sentences. An individual’s ability to participate in our democracy should never depend on their ability to pay.

This legislation would build on substantial progress the state has made on creating a more equal criminal justice system that ends discriminatory practices of the past, and empowers and educates those reentering society. More information on these efforts can be found here.

“We’ve come a long way since the early days of our nation, when voting rights were explicitly tied to property ownership,” said Sen. Margaret Rose Henry, the lead Senate sponsor of SB 242. “Still, the fact remains that requiring a person who has done their time to pay full restitution unduly disqualifies many voters who would otherwise be eligible to participate in our Democracy.”

“Delaware took an important step forward a few years ago in abolishing an arbitrary waiting period for regaining voting rights. That bill was the result of years of dedication and unwavering support from former Reps. Al and Hazel Plant,” said Rep. Helene Keeley, the lead House sponsor of SB 242. “This legislation fulfills our goal of restoring voting rights to those who have completed their period of incarceration and should by any other means have the right to vote. Regaining the right to vote is a critical component of reintegrating into society. I’m grateful to my colleagues for their support in helping Delawareans.”

“When we empower people who have paid their debts to society, we are increasing the odds that they will stay out of prison and remain productive, law-abiding citizens,” said Sen. Bryan Townsend. “Unnecessarily disenfranchising people is a sure-fire way to stigmatize past discretions while being punitive beyond the length of an offender’s adjudicated sentence.”

“Voting for who represents you in government is one of the most liberating, important things you can do as a member of society,” said Rep. Stephanie T. Bolden. “We removed one big hurdle a few years ago, but the current system continues to hamper people’s ability to cast their votes, even as they rejoin society and get their lives back on track. By removing this hurdle, we’ve invited more Delawareans to be part of the process and participate.”

Plan Highlights Include: Reductions In Some Minimum Mandatory Sentences, Tough Treatment of Gun Offenses, and Steps To Minimize Child Involvement In the Criminal Justice System and Ensure That Innocent Persons Do Not Receive Criminal Records

With a goal of a more fair and just criminal justice system, Attorney General Matt Denn Thursday unveiled a collection of proposed reforms that include reducing minimum mandatory sentences for some offenders, and maintaining his effort to close loopholes in the state’s gun crime laws. The plan also includes ideas for investing in law enforcement and drug treatment; for changes in the treatment of juveniles, and for ensuring the accuracy of the criminal justice system.

“We are the Department of Justice, and the goal we seek in each individual case is justice,” Attorney General Denn said in unveiling the proposed legislative and procedural changes.

A major piece of the proposal is a revision of the state’s habitual offender law to eliminate the mandatory life sentence imposed upon conviction of a third violent felony, and to significantly reduce the minimum mandatory sentence imposed upon conviction of a single violent felony, where the crime follows conviction of three non-violent felonies. Under Denn’s proposal, habitual felony offenders would still receive mandatory jail sentences, but those sentences would be tied more closely to the actual crimes that had been committed rather than being automatic life sentences.

“The Department of Justice will not only drop its past opposition to changes in the state’s ‘three strikes and you’re out’ law, but actually propose some changes in that statute to make sentences more appropriate to for the crimes they are punishing,” Attorney General Denn said.

An outline of the criminal justice reform proposals by Attorney General Denn:

• Scaling Back Delaware’s “Three Strikes And You’re Out” Minimum Mandatory Sentencing Law To Make The Punishment Fit The Crime

Delaware’s current “three strikes and you’re out” minimum mandatory sentencing law requires life sentences for three-time violent felons no matter what their felony was. As a result, persons are serving life sentences in Delaware for felonies such as burglary and drug offenses. The Attorney General will propose legislation to eliminate automatic life sentences for three violent felonies, and instead propose that the mandatory sentence for a third violent felony be the maximum sentence for that individual felony.

Delaware’s current law also requires that a person who has committed three non-violent felonies (which can include such things as aggravated graffiti, drug possession, and possession of burglar’s tools or shoplifter’s tools), and then commits a violent felony, be sentenced to the full maximum sentence applicable to the violent felony. The AG will propose legislation that would cut this mandatory sentence in half for a first-time violent offender, giving the sentencing judge discretion to determine if a longer sentence should be required.

• Guaranteeing Jail Time For Individuals With Violent Felony Records Who Illegally Possess Guns

The Attorney General’s Office will continue to advocate for the passage of legislation to guarantee jail time for young adults with violent felony records as juveniles who are later found to be illegally in possession of a firearm, closing a loophole in Delaware’s gun laws.

• Allowing Persons Who Were Sentenced Under Sentencing Laws That Are Subsequently Modified By The Legislature To Have Their Sentences Reviewed

Under current Delaware law and court rules, only the Department of Correction can apply for an inmate’s sentence to be reviewed after 30 days has elapsed from the sentence, even if the state changes the statutory penalties that it believes should be applied to that person’s crime. The AG’s Office will offer legislation that would allow persons who were sentenced under a law that is subsequently modified by the legislature to ask that their sentence be reviewed. The proposed legislation will give priority to persons whose crimes did not cause direct physical harm to others, such as property crimes and drug crimes. It will also require that a process be established to have petitions from persons who committed violent crimes reviewed on paper before any hearings are held, in order to minimize the burden on victims of crime.

• Expanding Investment In Front-Line Law Enforcement, Treatment, And Prevention Efforts

Some of the changes being proposed will, if enacted into law, likely reduce the number of inmates incarcerated at Delaware prisons. Our proposed legislation will require that the savings realized from any reduction in the inmate population be directed into real expansion of front-line law enforcement efforts, crime prevention programs, and drug treatment programs.

• Keeping Juveniles Out Of The Criminal Justice System

Delaware law currently requires schools to report any incident involving a student 12 or older that would constitute a misdemeanor assault to the police. That means that any fight between students ages 12 and up that results even in just a bruise must be reported. Attorney General Denn will propose legislation to eliminate the mandatory reporting of misdemeanor assault incidents, limiting such mandatory reports to more serious offenses, and instead give parents and principals discretion to make the decision as to whether to report less serious incidents as crimes.

Currently, Delaware law allows juveniles to have portions of their juvenile records expunged under limited circumstances. Proposed legislation will expand the number and type of offenses for which juveniles can seek expungement, provided that petitions for expungement of more serious cases be heard by the Board of Pardons rather than Family Court. It will also seek to minimize the cost of expungement petitions, so young people are not deterred from seeking expungements for financial reasons.

• Ensuring Accurate Gathering Of Evidence In Criminal Cases

After consulting with law enforcement agencies, DOJ will be issuing statewide guidelines for evidence-gathering in four areas: stopping and questioning of individuals, recording of custodial interrogations, identification of witnesses, and appropriate use of body-worn cameras. These guidelines will be designed to ensure that evidence gathered by police agencies meets current legal and constitutional standards, and that it also comports with evolving science as to how to ensure that evidence is gathered in a way that generates accurate outcomes.

• Reviewing Cases Of Persons With Bona Fide Claims That They Have Been Wrongly Convicted

The Attorney General will seek to create a new position in our Office of Civil Rights and Public Trust that will be dedicated to reviewing claims of actual innocence – persons who claim that they were either convicted of or pled guilty to crimes when they did not in fact commit a crime. These claims may be based upon newly discovered evidence, or a further review of evidence that existed at the time of the conviction. The Department will not be revisiting any existing court decisions upholding the binding nature of plea bargains, but instead will be creating an internal safety valve so it can determine if persons who were innocent of any crime entered a plea or were convicted.