CHAPTER 174

FORMERLY

SENATE SUBSTITUTE NO. I

FOR

SENATE BILL NO. 192

AN ACT TO AMEND TITLE I I OF THE DELAWARE CODE RELATING TO THE BOOT CAMP INMATE TRAINING PROGRAM.

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

Section 1. Amend §6705(b)(2) of Title I I of the Delaware code by striking said paragraph in its entirety, and by substituting in lieu thereof the following:

"(2) Any person who is serving a sentence of Level V incarceration for a violent crime."

Section 2. Amend §6705(b) of Title II of the Delaware Code by redesignating paragraph (3) thereof as paragraph (4), and by adding thereto a new paragraph (3) to read as follows:

"(3) Any person who is serving a sentence for a violation of probation or parole where the crime for which the offender was originally convicted is any Class A, B or C Title 11 violent felony, or any sexual offense as set forth in Subpart D, Subchapter II or Title 11 of the Delaware Code, or any of the following offenses; assault second degree, vehicular homicide first and second degree, criminally negligent homicide, promoting prison contraband felony or stalking;"

Section 3. Amend §6705 of Title 11 of the Delaware Code by adding thereto a new subsection to be designated as subsection (d), to read as follows:

"(d) Subject to the provisions of subsections (a), (b)(1) and b(3) of this section, any person serving a sentence for a violation of probation or parole shall be eligible for the boot camp program."

Section 4. Amend Title 11 of the Delaware Code by adding thereto a new section, to be designated as §6712, to read as follows:

"§6712. First offender boot camp diversion program.

(a) Subject to the provisions of this section and notwithstanding any other law, rule or regulation to the contrary, a person convicted upon a plea of guilty of any of the offenses set forth in subsection (b) of this smarm may petition the sentencing court to defer further sentencing proceedings, and to divert the offender to a boot camp inmate training program which shall be subject to the terms and conditions set forth in this section. No person shall be eligible to petition the sentencing court pursuant to this section without the agreement of the Attorney General. Following agreement of the Attorney General as to such person's eligibility to petition the sentencing court for diversion to the boot camp training program, the sentencing court shall have the discretion to grant or deny said petition.

(b) Subject to the provisions of this section, certain persons convicted upon plea of guilty of the following offenses shall be potentially eligible for diversion to the boot camp inmate training program:

(1) Manufacture, delivery or possession with intent to deliver a controlled or counterfeit controlled substance, as set forth in §§47S1 and 4752 of Title 16 of the Delaware Code;

(2) Trafficking in marijuana, cocaine. illegal drugs. methamphetamines. L.S.D. or designer drugs as set forth in §4753A of Title 16 of the Delaware Code; but only if the weight of the illegal substance possessed is:

(a) less than 15 pounds, for a person convicted pursuant to §4753A(1) of Title 16; or

(b) less than 15 grains, for a person convicted pursuant to §4753A(2), (3), (4), (5) or (6) of Title 16; or

(c) Less than 100 doses, or in a liquid form less than 15 milligrams, for a person convicted pursuant to §4753A(7) of Title 16.

(c) Notwithstanding any other provision of this section, no person shall be permitted to petition the sentencing court to defer further sentencing proceedings pursuant to this section or to otherwise utilize the provisions of this section, if:

(1) such person has previously been incarcerated as an adult pursuant to a sentence imposed for a criminal conviction for any offenses set forth in titles I 1 or 16 of the Delaware Code, or any equivalent offense set forth under the laws of this State, any other State, the United States, or any territory thereof; or

(2) such person has previously been convicted of any felony under the laws of this State, any other State, the United States, or any territory thereof; or

(3) the Attorney General opposes the petition.

(d) Subject to the provisions of this section, and notwithstanding any other law, rule or regulation to the contrary, if the sentencing court chooses to grant the petition to defer further sentencing referred to in subsection (a) of this section, the sentencing court shall enter a judgment of conviction, and shall then defer further sentencing proceedings, and shall defer the imposition of any Level V sentence, including any mandatory minimum Level V sentence otherwise required by §4751, 4752, 4753A or 4763 of Title 16, or by §4205 of Title 11, or by any other law, and shall remand the offender to the custody of the Department of Correction upon the condition that the offender shall complete a program of supervision which shall include.

(1 ) placement in a boot camp facility with a substance abuse treatment program for a period of not less than 6 months, to be followed by supervision at Level IV or III, or both, for a period of not less than two and one-half years; and

(2) a requirement that, while at supervision Level IV or III, the offender comply with the terms of a curfew, said terms to be imposed by either the sentencing court or the Department of Correction. The terms of said curfew may include mandated compliance with certain geographical limitations, prohibitions or restrictions; and

(3) a requirement that, while at supervision Level IV or III, the offender participate in substance abuse treatment which shall include periodic, random urine surveillance during the entire period of supervision at Loci IV or Ill, or both; and

(4) payment of the costs of prosecution, and payment of a $500.00 civil penalty to the Substance Abuse Rehabilitation, Education and Prevention Fund; and

(5) any other terms or provisions deemed appropriate by the sentencing court or the Department of Correction.

(e) Whenever the court defers further sentencing proceedings pursuant to this section, it shall inform the offender of the sentence to be imposed in the event that the offender fails to comply with any of the terms of supervision or probation imposed pursuant to this section. Such term of imprisonment shall not be less than any applicable mandatory minimum sentence mandated for the offense(s) of which the offender was convicted, as set forth in §4751. 4752, 4753A or 4763 of Title 16, or §4205 of Title 11. Failure of the court to comply with this subsection shall not preclude the sentencing court from complying with any of the other provisions of this section.

(f) Whenever the court defers further sentencing proceedings pursuant to this section, it shall have the authority to remand the offender to the custody of the Department of Correction at Accountability Level ill, IV or V until such offender is placed in a boot camp facility.

(g)The Department of Correction shall closely monitor all participants in this

program. and shall ensure that those program participants at supervision Level IV or Ill shall be monitored by officers specifically assigned to such duties. The Department of Correction shall at all times have on duty no fewer than eight probation officers (two for each county and two for the City of Wilmington) who shall promptly respond to police agencies as requested for the purpose of taking custody of any person who is believed to have violated the terms or conditions of his or her program of supervision or probation at the boot camp, or at Level IV or III. Pursuant to Chapter 43 of this Title such probation officer shall promptly file a probation violation report setting forth the nature and circumstances of the alleged violation with the appropriate court.

(h)Upon receipt of an allegation that an offender has violated the terms of his or her

supervision, the sentencing court shall cause the offender to be brought before it without unnecessary delay. Upon a finding that the offender has violated any of the terms or conditions of supervision or probation at the boot camp or at Level IV or Level Ill, the court shall proceed to sentencing on all charges for which sentencing was originally deferred pursuant to this section, and shall impose not less than the full applicable Level V sentence mandated for the offense(s) of which the offender was convicted, as set forth in §4751, 4752, 4753A or 4763 of Title 16, or ;4205 of Title 11. No credit time shall he given for any time spent in boot camp, Level IV or level III. Failure of the sentencing court to comply with the sentencing provisions of this subsection shall constitute an illegal sentence within the meaning of the Chapter 99 of Title 10.

(i) Upon conclusion of the period of supervision and probation imposed pursuant to
this section, the court may find that the offender has successfully completed the program, and, if it does, it shall discharge the offender from probation.

(j) Prior to the release of any offender from the boot camp to supervision Level IV or III, the Department of Correction shall enter into the DELJIS criminal history system information identifying the offender as a First Offender Drug Felon,"

Section 5. This Act shall expire two years after the date of its enactment into law unless it is specifically re-enacted by the General Assembly and approved by the Governor. Six months prior to the expiration date of this Act, the Sentencing Accountability Commission shall make a report to the General Assembly and the Governor as to the effectiveness of the Act. In the event that the Act expires, no person shall be admitted into any of the programs established herein alter the date of expiration. The Act shall remain in-full force and effect as to those persons admitted into any of the programs established herein prior to the date of the Act's expiration, and all the provisions of the Act shall remain in full force and effect so long as any such persons remain in any of the programs.

Approved July 11, 1997