CHAPTER 105

RELATING TO PAROLE OF CERTAIN PRISONERS

AN ACT TO AMEND CHAPTER 101 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO JAILS AND WORKHOUSES, BY PROVIDING FOR THE PAROLE OF CERTAIN PRISONERS SENTENCED TO BE CONFINED IN THE NEW CASTLE COUNTY WORKHOUSE AND JAILS OF KENT AND SUSSEX COUNTIES; OPPORTUNITY TO BE HEARD AND TO ESTABLISH INNOCENCE FOR ALLEGED VIOLATION OF PAROLE; INNOCENCE PROVEN, PRISONER RELEASED; SUBSEQUENT PAROLE AFTER THREE MONTHS; PENALTY FOR FAILURE TO REPORT AS REQUIRED.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That 4159. Chapter 101, Section 42 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out the words:

"but no prisoner who has twice violated the terms of his or her parole shall again become eligible for parole and shall serve the balance of the term of his or her sentence in the New Castle County Workhouse or in the Kent County Jail or in the Sussex County Jail, as the case may be."

after the comma following the word "parole" in the twenty-eighth line of said Section and substituting in lieu thereof the following:

"when, in the judgment of the Board of Parole, the conduct of the prisoner and the circumstances of the parole violation or violations are such that the prisoner is worthy of release again on parole."