CHAPTER 372

FORMERLY

HOUSE BILL NO. 534

AN ACT TO AMEND CHAPTER 43, TITLE 11, DELAWARE CODE RELATING TO THE BOARD OF PAROLE.

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

Section 1. Amend §4353 (b), Chapter 43, Title 11 of the Delaware Code by deleting it in its entirety and substituting the following:

"The Department of Correction shall ensure that mental health evaluations required by subsection (a) of this section are available to the Parole Board at the time of the hearing in those cases wherein a favorable recommendation is made by the Department to the Board.

In cases wherein a favorable recommendation is not made by the Department but the Parole Board has determined that the person is otherwise suitable for release on parole, the Parole Board must request a mental health evaluation, pursuant to this section.

Approved July 13, 1992.