CHAPTER 597

AN ACT TO AMEND TITLE 11, DELAWARE CODE, CHAPTER 43, RELATING TO THE COMPOSITION AND POWERS OF THE BOARD OF PAROLE AND MAKING A SUPPLEMENTARY APPROPRIATION TO THE BOARD TO IMPLEMENT THE ACT.

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

Section 1. Title 11, Delaware Code, Chapter 43, Section 4341, is amended by striking said section in its entirety and inserting in lieu thereof a new Section 4341 to read as follows:

§ 4341. Board of Parole, selections, appointment and removal

(a) The Board of Parole shall consist of four members, each of whom shall serve for a term of four years, and a Chairman who shall serve at the pleasure of the Governor, all to be appointed by the Governor, and confirmed by a majority of the members elected to the Senate.

(b) One of the four members shall be an attorney admitted to practice law in Delaware and another member shall be a psychiatrist or psychologist licensed in Delaware. The attorney member shall not practice criminal law while serving as a member of the Board. In any case where the attorney member has a conflict of interest because of any person appearing as an applicant before the Board, he shall so notify the Governor who shall appoint by letter another attorney to serve specially for that particular case.

(c) The Chairman shall have an earned Graduate Degree above that a bachelor's Degree, either in social work, psychology, sociology, criminology, and/or corrections, and at least five years in the field of probation, parole or other area of corrections. He shall be paid a salary not to exceed $20,000 per annum, which shall he fixed by the Governor.

(d) One of the initial four members shall be appointed for a term of one year, one for a term of two years, one for a term of three years and the fourth for a full four year term. Members appointed thereafter, unless to fill a vacancy, shall be for full four year terms. A vacancy shall be filled by the Governor within 60 days, the appointee to serve the balance of the unexpired term. A member shall hold office until a successor has been appointed and qualified.

(e) The present Chairman and members of the Board of Parole shall continue to serve as voting members of the Board until the expiration date of their present terms, unless they shall sooner resign.

(f) The Governor may remove a member of the Board only for disability, inefficiency, neglect of duty or malfeasance in office. Before such removal the Governor shall give the member a written copy of the charges against him and shall fix the time when he can be heard in his defense, which shall not be less than ten days thereafter.

Section 2. Title 11, Delaware Code, Chapter 43, Section 4342, is amended by striking said section in its entirety and inserting in lieu thereof a new Section 4342 as follows:

§ 4342. Organization

(a) The Board shall obtain and maintain suitable and adequate quarters and shall employ those persons necessary to carry out its functions.

(b) The Board shall adopt an official seal of which the Courts shall take judicial notice.

Section 3. Title 11, Delaware Code, Chapter 43, Section 4343, is amended by adding thereto a new paragraph (8) to read as follows:

(8) Act as Advisory Board to the Board of Pardons. When a person in legal custody of the Division of Corrections applies to the Board of Pardons for recommendation for a pardon or commutation of sentence, the Parole Board, upon request, furnish to each member of the Board of Pardons and to the Governor a report of the record of such persons, which shall include its opinion as to the state of rehabilitation of such person.

Section 4. Title 11, Delaware Code, Chapter 43, Section 4344, is amended by striking said Section in its entirety and inserting in lieu thereof a new Section 4344 to read as follows:

§ 4344. Compensation and expenses

(a) Each member of the Board except the Chairman may receive $60.00 per day as compensation for services when attending a meeting of the Board, not to exceed 50 meetings each year.

(b) In addition, each member shall receive mileage, incurred attending such meetings and performing such duties.

Section 5. Title 11, Delaware Code, Chapter 43, Section 4345, is amended by striking the existing paragraph and inserting in lieu thereof a new section to read as follows:

At least 14 days before any meeting of the Board, the Chairman shall provide all the members of the Board with copies of all pertinent information and materials at his disposal concerning all applications for Parole coming before the Board at that meeting or concerning any reviews which shall be undertaken at that meeting.

Section 6. The sum of twenty-eight thousand dollars ($28,000) is appropriated to the Board of Parole to defray the salaries and costs of the Board for administration of this Act for the fiscal year beginning July 1, 1970 and ending June 30, 1971.

Section 7. This Act is a supplementary appropriation and the money appropriated shall be paid from the General Fund of the State of Delaware out of funds not otherwise appropriated. Any funds appropriated herein which are unexpended shall revert to the General Fund of the State of Delaware on June 30, 1971.

Section 8. The provisions of this Act relating to the composition, personnel, duties and functions of the new Parole Board shall take effect on the date the Governor designates by Executive Order that the five members of the new Parole Board have been selected and are ready to serve in that capacity.

Approved June 25, 1970.