CHAPTER 594

AN ACT TO AMEND TITLE 11, CHAPTER 43, DELAWARE CODE, RELATING TO PARDONS AND COMMUTATION OF SENTENCES AND PROVIDING PSYCHIATRIC EXAMINATIONS.

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

Section 1. Title 11, Chapter 43, Delaware Code, is amended by adding a new Section 4362, to read as follows:

§ 4362. Psychiatric examinations

(a) When the Board of Pardons considers for recommendation to the Governor, for pardon or commutation of sentence, any person who has been convicted of, and convicted for the crimes of murder, voluntary manslaughter, rape, kidnapping, abducting a child, poisoning with intent to harm, robbery, burglary in the first degree, burglary in the second degree, mayhem, arson, assault with intent to murder, to rape or to rob or for an attempt as provided by statute to commit any of same, there shall be furnished to each member of the Board of Pardons (and to the Governor, in case recommendation for a pardon or commutation of sentence be made) a copy of the report of the psychiatrist who has examined such person, as hereinafter provided.

(b) Prior to consideration and recommendation, for release by means of pardon or commutation of sentence, by the Board of Pardons of any person who has been incarcerated for any of the crimes stated in subsection (a) hereof, such person shall be adequately examined by a physician who has practiced in psychiatry; and such person shall undergo adequate psychological studies for a period of not less than 30 days, within a 5-month period immediately preceding consideration of such person's case by the Board of Pardons. The Director of the Division of Correction may request the Director of the Division of Mental Health and Retardation to cause examination and studies to be made.

(c) Pursuant to the provisions of subsections (a) and (b) hereof, the examining psychiatrist shall furnish each member of the Board of Pardons a copy of the report of his findings, of his opinion as to the physical, mental and emotional health of the person who is being considered for recommendation for pardons or commutation of sentence, and of his opinion of the probability of such person's again committing a crime similar to the one for which he was incarcerated or of violating any other law of this State. In the event that the Board of Pardons recommends a pardon or commutation of sentence, a copy of the psychiatrist's report shall be furnished to the Governor.

(d) In the event that examination and clinical studies as provided in this Section cannot be made at the correctional institution, the prisoner may be transferred, under adequate security safeguards, to the Delaware State Hospital for such examination and studies.

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 ready to serve in that capacity.

Approved June 25, 1970.