CHAPTER 64

FORMERLY

HOUSE BILL NO. 40

AN ACT TO AMEND CHAPTER 43, TITLE 11, DELAWARE CODE, RELATING TO CONDUCT OF HEARINGS ON APPLICATIONS FOR PAROLE.

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

Section 1. Amend §4350, Chapter 43, Title 11, Delaware Code by striking said section in its entirety and inserting in lieu thereof a new §4350 to read as follows:

14350. Conduct of hearing on applications for parole.

(a) The Board, when hearing applications for parole, except as provided in subsection (b), shall not be required to hear oral statements or arguments by persons not connected with the Department. The Department shall be entitled to appear personally before the Board and to advise it and be heard with respect to any application for parole being considered. All persons presenting information or arguments to the Board, except as provided in subsection (b), shall submit their statement in writing or otherwise, as the Board may desire. Such hearings may be private.

(b) When the Board is hearing an application for parole made by an offender who has been sentenced for the crime of first degree murder, the immediate family of the victim of such crime or their duly appointed representatives may make oral statements or arguments before the Board with respect to the application for parole being considered.

(c) As used in this section, the phrase 'immediate family' shall mean widow, widower, parents, children, brothers and sisters of the victim."

Approved May 16, 1975.