SENATE BILL NO. 384
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE BOARD OF PARDONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend Subsection 4362(a), Title 11 of the Delaware Code by striking the phrase “psychiatrist who has examined such person” as it appears in that subsection and substituting in lieu thereof the phrase “psychiatrist and psychologist who have examined such person”.
Section 2. Amend Subsection 4362(b), Title 11 of the Delaware Code by striking the current language of that subsection in its entirety and substituting in lieu thereof the following:
“(b) Prior to consideration by the Board of Pardons of any application for a pardon or a commutation of sentence made by any person who has been incarcerated for any of the crimes stated in subsection (a) of this section, such person shall be examined by a psychiatrist and by a psychologist within a 12-month period immediately preceding consideration of such person’s case by the Board of Pardons. The Commissioner of the Department of Correction or the Commissioner’s designee may request the Director of the Delaware Psychiatric Center to cause examination and studies to be made.”
Section 3. Amend Subsection 4362(c), Title 11 of the Delaware Code by striking the current language of that subsection in its entirety and substituting in lieu thereof the following:
“(c) Any psychiatrist or psychologist who, pursuant to subsection (b) of this section, examines any applicant for a pardon or a commutation of sentence shall furnish to each member of the Board of Pardons a report containing their respective findings, opinions as to the mental and emotional health of the applicant, and opinions as to the probability of the applicant again committing any crime if released. If the Board of Pardons recommends a pardon or a commutation of sentence, a copy of any report submitted to the Board by any psychiatrist or psychologist shall be provided to the Governor.”
Section 4. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.
Approved July 13, 2000