Delaware General Assembly


CHAPTER 593

AN ACT TO AMEND TITLE 16, CHAPTER 51, DELAWARE CODE, RELATING TO PAROLES, PARDONS, AND COMMUTATIONS OF SENTENCES AND REQUIRING PSYCHIATRIC EXAMINATIONS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 16, Chapter 51, Delaware Code, is amended by adding thereto a new Section 5135, to read as follows:

§ 5135. Examinations of persons relative to parole, pardon or commutation of sentence in case of certain crimes

Whenever the Director of the Division of Mental Health and Retardation receives a request from the Director of the Division of Correction, relative to parole, pursuant to the provisions of Section 4353, Title 11, or relative to pardon or commutation of sentence, pursuant to the provisions of Section 4362, Title 11, for psychiatric examination and psychological clinical studies, and a report containing an opinion of the prisoner's condition and of the probability of his again committing crimes similar to the one for which he was incarcerated, or other crimes, the Director shall cause such examination and studies to be made at the Correctional Institution or the State Hospital, and copies of the report on same be delivered to each member of the Parole Board or the Board of Pardons, as the case may be; and in cases of pardons and commutations of sentence a copy to the Governor.

Section 2. This Act shall become effective on the date the Governor designates by Executive Order that the five members of the new parole Board, as constituted under Title 11, Section 4341, Delaware Code, as amended by Senate Bill No. 516 of the 125th General Assembly, have been selected and are ready to serve in that capacity.

Approved June 25, 1970.