CHAPTER 60

FORMERLY

HOUSE BILL NO. 133

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PRESENTENCE OFFICERS AND INVESTIGATIONS.

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

Section 1. Amend Section 4321(a), Title 11, Delaware Code, by striking the words "presentence and" in their entirety.

Section 2. Amend Section 4331(a), Title 11, Delaware Code, by deleting the words "a probation" in said paragraph, and replacing the same with the words "an Investigative Services."

Section 3. Amend Section 4331(b), Title 11, Delaware Code, by deleting the word "Department" each time it appears in said paragraph, and replacing the same with the words "Investigative Services Office."

Section 4. Amend Section 4331(c), Title 11, Delaware Code, by striking the subsection in its entirety and by substituting in lieu thereof the following:

"(c) The Investigative Services Office may conduct any additional investigations or perform any other investigative tasks, with the preparation of appropriate reports, as may be desirable to facilitate the appropriate sentencing of an offender or other court proceedings."

Section 5. Amend Section 4331(g), Title 11, Delaware Code, by deleing the word "presentence" in said paragraph, and replacing the same with the words "Investigative Services."

Section 6. Amend Section 4335, Title 11, Delaware Code, by striking the section in its entirety and by substituting in lieu thereof the following:

"§ 4335. Presentence Investigations; Superior Court; Court of Common Pleas; Investigative Services Officers.

(a) (1) Chief Investigative Services Officer. The Superior Court and Court of Common Pleas may appoint a suitable person in each of the counties of the State to conduct such presentence investigations and to perform such other duties, within or without the county of the person's residence, as the Court may direct. Each person so appointed shall reside in the county for which the person shall be appointed and shall hold office at the pleasure of the Court. Each of such persons shall be the Chief Investigative Services Officer and shall be an officer of the Court.

(2) Investigative Services Officer. The Superior Court and Court of Common Pleas may also appoint an appropriate number of Investigative Services Officers in each county who shall have powers and responsibilities to conduct presentence investigations, as well as other types of investigations and investigative tasks, as directed by the Court and under the supervision of the Chief Investigative Services Officer.

(3) Support Staff. The Court may also appoint appropriate support staff in each county to ensure the proper functioning of each Investigative Services Office.

(b) Badges and identification. Each Chief Investigative Services Officer and Investigative Services Officer shall be provided by the Court with an appropriate badge and identification.

(c) Presentence Investigations for Superior Court. Each Investigative Services Officer shall conduct such presentence investigations for the Superior Court as it shall direct, including an inquiry into such things as the circumstances of the offense, the motivation of the offender, the criminal record, social history, behavior pattern and present condition of the offender. The report thereof shall be in such form and over such subjects as the Superior Court shall direct.

(d) Presentence Investigations for the Court of Common Pleas. Each Investigative Services Officer for the Court of Common Pleas shall conduct such Presentence Investigations for the Court of Common Pleas as it shall direct, including inquiring into such things as the circumstances of the offense, the motivations of the offender, the criminal record, social history, behavior pattern and the present condition of the offender. The report thereof shall be in such form and cover such subjects, as the Court of Common Pleas shall direct. In any county where a Court of Common Pleas Investigative Services Office does not exist, each Superior Court Investigative Services Officer shall, with approval of Superior Court, conduct such Presentence Investigations for the Court of Common Pleas as said Court shall order. The report thereof shall be in such form and cover such subjects as the Court of Common Pleas shall direct.

(e) Investigative Service Officers definition. An investigative services officer is a person selected by the Court through their training and experience to produce reports as identified above to assist the Court in determining restitution, costs and recommendations for sentences for a person convicted of an offense under the Delaware Code."

Section 7. Amend Section 9415, Title 11, Delaware Code, by striking the words "presentence officer" as they appear therein and by substituting in lieu thereof "Investigative Services Officer."

Approved June 22, 2001