CHAPTER 206

FORMERLY

SENATE BILL NO. 59

AN ACT TO AMEND CHAPTER 65, TITLE 11, DELAWARE CODE, RELATING TO ESTABLISHMENT OF REALISTIC DATES FOR COMPLETING THE DUTIES OF THE SENTENCING ACCOUNTABILITY COMMISSION.

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

Section 1. Amend Chapter 65, Subchapter X, Title 11, Delaware Code by striking. Subsections (a) and (b) of §6581 and substituting in lieu thereof. the following:

"(a) A computer driven model of proposed sentencing criteria shall be created by March 1, 1985 which will be able to project the effect of alternative policy decisions on the Department of Correction resources. Sentencing guidelines will be drafted with nonbinding pilot testing by July 1, 1985,

The Commission shall submit to the Supreme Court on or before March 1, 1986, sentencing guidelines developed in accordance with §6580(c) for adoption by Court rule. Such guidelines shall have no force or effect unless so adopted, and shall not in any event authorize or be construed as authorizing the exercise of any power or duty exceeding or conflicting with those heretofore or hereafter granted by Act of the General Assembly or pursuant to inherent authority granted under the Delaware Constitution.

(b) The Commission on or before July I, 1987 shall recommend to the Governor and the General Assembly legislation necessary for the implementation of the sentencing guidelines."

Approved September 6. 1985.