CHAPTER 484

FORMERLY

HOUSE BILL NO. 733

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE BOOT CAMP INTENSIVE INCARCERATION PROGRAM.

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

Section 1. Amend Subsection (b), Section 6705, Chapter 67, Title 11 of the Delaware Code by striking the words "Assault second degree" as the same appear in paragraph (3) of said subsection (b).

Section 2. Amend §6712(a), Title 11, Delaware Code by deleting this subsection in its entirety and inserting in lieu thereof the following:

"(a) Subject to the provisions of this section and notwithstanding any other law, rule or regulation to the contrary, any person convicted upon a plea of guilty or otherwise convicted of any of the offenses set forth in §6712(b) may petition the Court to defer further sentencing proceedings, and to divert the offender to the boot camp program. In addition, the Department of Correction may petition the Court on behalf of any person in its custody who has been convicted of an offense set forth in §6712(b) of this section, for a sentence modification suspending the remainder of the offender's Level V sentence, and diverting such person to the boot camp diversion program ("modify and divert"). The Attorney General shall receive prior notice of all such applications and provided an opportunity to be heard. Any offender diverted pursuant to this subsection shall be subject to the terms and conditions of this section. No person shall be eligible for boot camp pursuant to this section if the Attorney General's Office, upon written motion, opposes such boot camp diversion pursuant to §6712(c)(2).

Section 2. Amend §67 I 2(b), Title 11, Delaware Code by deleting the words "upon a plea of guilty".

Section 3. Amend §6712(c), Title 11, Delaware Code by deleting the words "permitted to petition the sentencing Court to defer further sentencing proceedings" and by inserting in lieu thereof the words "diverted to the boot camp program".

Section 4. Amend §6712(c), Title 11, Delaware Code by striking the semi-colon (;) at the end of paragraph (1), and substituting in lieu thereof the following:

", and was previously sentenced to a term of more than one year of Level V incarceration, which was not suspended."

Section 5. Amend §6712(c), Title II, Delaware Code by striking paragraphs (2) and (3) and substituting in lieu thereof the following:

"(2) The Attorney General's Office, upon written motion, opposes the Diversion. Such motion shall clearly articulate the specific reasons for such opposition."

(3) The Attorney General's Office offers the Boot Camp Diversion Program as part of a proposed plea agreement, the appellant rejects the offer, and the appellant is subsequently convicted after trial."

Section 5. Amend §6712(d), Title 11, Delaware Code by striking the first sentence of subsection (d) through and including the words "which shall include:" and substituting in lieu thereof the following:

"(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 or to modify and divert, as set forth in subsection (a) of this section, the sentencing Court shall enter a judgment of conviction; and shall then defer sentencing, or modify the imposition of the remainder 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 this Title or by any other law. The Court shall then 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:"

Section 6. Amend §6712(e), Title 11, Delaware Code by deleting the words "defers further sentencing proceedings" and inserting in lieu thereof the words "defers or modifies a sentence, and by inserting "or reinstated" between "to be imposed" and "in the event".

Section 7. Amend §6712(h), Title 11, Delaware Code by inserting between "of this title." and No credit time", the following:

"If the offender had already been sentenced and the sentence was modified pursuant to this section, the offender shall serve the remainder of that original sentence."

Approved July 21, 1998