CHAPTER 315

FORMERLY

HOUSE BILL NO. 362

AN ACT TO AMEND CHAPTER 43, TITLE 11 OF THE DELAWARE CODE RELATING TO MENTAL HEALTH EXAMINATIONS OF CERTAIN OFFENDERS PRIOR TO BEING RELEASED ON PAROLE.

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

Section 1. Amend Chapter 43, Title 11, Section 4353 of the Delaware Code by deleting said section in its entirety and substituting in lieu thereof the following:

14353. Mental health evaluations required prior to parole.

(a) No person who has been convicted of and imprisoned for: adulteration, aggravated intimidation, arson 1st degree, arson 2nd degree, assault 1st degree, assault 2nd degree, assault 3rd degree, assault in detention facility, burglary 1st degree, burglary 2nd degree, criminally negligent homicide, escape after conviction, explosive devices, extortion, kidnapping 1st degree, kidnapping 2nd degree, manslaughter, murder 1st degree, murder 2nd degree, possession of a deadly weapon during commission of felony, promoting prostitution 1st degree, promoting suicide, rape 1st degree, rape 2nd degree, reckless endangering 1st degree, riot, robbery 1st degree, robbery 2nd degree, sexual misconduct, sodomy 1st degree, sodomy 2nd degree, terroristic threatening, unlawful imprisonment 1st degree, unlawful sexual contact 1st degree, unlawful sexual contact 2nd degree, unlawful sexual contact 3rd degree, unlawful sexual intercourse 1st degree, unlawful sexual intercourse 2nd degree, unlawful sexual intercourse 3rd degree, unlawful sexual penetration 1st degree, unlawful sexual penetration 2nd degree, unlawful sexual penetration 3rd degree, vehicular assault 1st degree, vehicular assault 2nd degree, vehicular homicide 1st degree, vehicular homicide 2nd degree, delivery of narcotic drug, delivery of non-narcotic drug, delivery of noncontrolled substance, distribution of drugs to minors, or trafficking in drugs shall be released from incarceration by the Parole Board until the Parole Board has considered a mental health evaluation of such person.

(b) All mental health evaluations required by subsection (a) of this section shall be conducted after a determination has been made by the Parole Board that the person is otherwise suitable for release on parole.

(c) The Parole Board may consider any mental health evaluation conducted within 12 months prior to the person's parole hearing in lieu of requesting a new mental health evaluation. However, for persons convicted and imprisoned for any of the offenses listed in subsection (a), the Parole Board may determine that it requires additional information. In such case as additional information is required, no person shall be released from incarceration until such additional information has been considered by the Parole Board.

(d) Mental health evaluations conducted pursuant to this statute will be administered by a person with professional education and training. The mental health evaluation to the Parole Board shall consist of: (1) background information or historical information about the person's mental health; (2) information about the person's functioning in the prison or institutional setting; (3) a description of the person's current mental health; and (4) a summary with a prognosis of expected behavior if the person were paroled, including any specific recommendations for mental health care.

(e) Any mental health evaluations prepared pursuant to this statute will be provided to each member of the Parole Board for their consideration in determining whether the person should be released from prison.

(f) Nothing in this section shall preclude the parole of a person for treatment to another institution because of a physical or mental condition, as provided in Section 4346 of this title."

Approved July 10, 1990.