CHAPTER 22

FORMERLY

SENATE BILL NO. 9

AS AMENDED BY SENATE AMENDMENT NO. 2

AN ACT TO AMEND SECTION 4347, TITLE 11, DELAWARE CODE RELATING TO PAROLE PROCEDURE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OP DELAWARE:

Section 1. §4347, Title 11, Delaware Code, is hereby amended by striking the words "A person confined to any correctional facility administered by the Department" as they appear in the first sentence of subsection (a) and by inserting in lieu thereof the words "A person committed to the custody of the Department."

Section 2. §4347, Title 11, Delaware Code, is hereby amended by striking the words "is eligible for parole as they appear in the first sentence of subsection (a) and by inserting in lieu thereof the words will be eligible for parole within ninety (90) days."

Section 3. §4347, Title 11, Delaware Code, is hereby amended by redesignating subsections (b), (c), (d), (e), (f), (g), and (h) as subsections (c), (d), (e), (f), (g), (h) and (I) respectively.

Section 4. §4347, Title II, Delaware Code, is hereby amended by adding the following, to be designated subsection (b):

"(b) If any person eligible for parole fails to make an application as specified in subsection (a) of this section, the Department shall have no duty to such person to provide the Board with the information otherwise required by this Chapter and the Board shall have no duty to such person to consider such person for parole. Notwithstanding the failure of a person to apply for parole, the Department is permitted to provide the Board with the information otherwise required by this Chapter and the Board may, in turn, consider such person for parole."

Section 5. §4347, Title 11, Delaware Code, is hereby amended by striking redesignated subsection (e) (formerly designated as subsection (d)) and inserting in lieu thereof the following subsection:

"(e) The Board shall have no obligation to allow a person eligible for parole to appear before it, and the Board may deny a parole application without having interviewed the applicant. In no case, however, shall the Board grant a parole without having first had the applicant personally appear before the Board and be interviewed by it."

Approved May 9, 1983.