CHAPTER 469

FORMERLY

SENATE BILL NO. 381

AN ACT TO AMEND CHAPTER 43, TITLE 11 OF THE DELAWARE CODE RELATING TO SENTENCING, PROBATION, PAROLE AND PARDONS NOTIFICATION REQUIREMENTS.

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

Section 1. Amend Subchapter III, Chapter 43, Title 11 of the Delaware Code by adding a new section to read as follows:

"Section 4336. Community notice of offenders on probation, parole,

conditional release, or release from confinement.

(a) Before any person who is serving a sentence imposed following a conviction for a sexual offense committed against a victim who is less than 16 years old, as set forth in Subpart D of Chapter 5 of this title, or following a conviction for any violent felony committed against a victim who is less than 16 years old, is placed on probation,
conditional release or parole, or is otherwise released from
confinement at Level V or IV, the Department shall cause notice of said release to be published at least twice in a newspaper of general
circulation. Said newspaper shall have an average daily statewide
circulation of at least 15,000 copies, and shall have an average daily circulation of at least 5,000 copies in the county in which the released person will reside upon release. The notice shall contain the released person's name, address upon release and a statement of the offenses for which he or she has been convicted, along with a statement that the victim of the offense was a child. If such person is being released from confinement at Level V or IV, such notice shall be published not more than 30 days before the release. If such person is being directly sentenced to probation at Levels III, II or I, such notice shall be published within 10 days of the sentencing.

(a) The Court in which the person described in subsection (a)
sentenced shall designate for the Department of Corrections at the time of sentencing that notice in accordance with subsection (a) shall be required.

(b) The costs of the notice required by subsection (a) of this section shall be reimbursed to the Department by the person being placed on probation, conditional release, or otherwise released from confinement at Level V or IV, as a condition of release."

Approved July 27, 1994.