CHAPTER 336

FORMERLY

SENATE BILL NO. 403

AN ACT TO AMEND CHAPTER 43, TITLE 11, DELAWARE CODE RELATING TO MENTAL HEALTH EVALUATIONS REQUIRED PRIOR PAROLE.

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

Section 1. Amend §4353(a), Chapter 43, Title 11 of the Delaware Code by deleting it in its entirety and substituting in lieu thereof a new paragraph to read:

"(a) No person who has been convicted of and imprisoned for any Class A felony, felony sex offense or any felony wherein death or assault to a victim occurred shall be released from incarceration by the Parole Board until the Parole Board has considered a mental health evaluation of such person. The Parole Board, in its discretion, may request mental health evaluations on persons convicted and imprisoned for any offense not enumerated above."

Approved July 8, 1994.