Criminal Justice

This Act prohibits the Department of Corrections from entering into contracts with any for-profit entity for the use of inmate labor. This Act does not apply to § 6533 of Title 11 relating to outside employment and work release.

This Act increases the penalty when an individual commits theft by impersonating a family member of the victim. A person convicted of a violation of this section shall be imprisoned for not less than 60 days. The minimum sentence under this section may not be suspended.

Delaware educators identify school safety as a significant issue affecting whether they stay in the profession. This Act demonstrates the General Assembly's commitment to supporting our educators by elevating a recklessly or intentionally caused physical injury to an educator to an assault in the second degree. Under this Act, an "educator" includes an employee, contractor, or subcontractor of a public or private elementary school or secondary school. The injury must occur while on school property or at a school-sponsored event in order for this Act to apply. This Act may be cited as "The We've Got Your Back Act".

This Senate Joint Resolution recognizes that missed court appearances create costs for the justice system and negative consequences for individuals, and that reminder notifications can reduce failure-to-appear rates. It directs the Delaware Judiciary to report on the cost, timeline, and requirements to build a court date reminder program for the Justice of the Peace Court and to expand it to the Court of Common Pleas, Family Court, and Superior Court and provides that DELJIS shall build the program if funding is appropriated.

This Senate Concurrent Resolution designates April 2026 as "Second Chance Month" throughout the State of Delaware. The measure serves as a symbolic proclamation to raise awareness about second chances, likely in the context of criminal justice reform or rehabilitation. It does not create new laws or programs but instead encourages public recognition and awareness during the designated month. The resolution was passed by both the Senate and House without requiring a formal vote in the House.

This Act clarifies that the existing law, which makes it a Class D felony when a person intentionally causes physical injury to any state employee or officer, when that employee or officer is discharging or attempting to discharge a duty of employment or office, applies to elected officials. This Act provides that it is a Class D felony when the assault of the state employee or officer is related to the person’s official position, whether or not the person assaulted is on or off duty at the time. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act adds any act that contains the characteristics of a hate crime to the definitions of crimes for the purposes of the Victims Compensation Assistance Program.

This Act makes various changes related to Juvenile Probation and Parole Officers employed by the Department of Services for Children, Youth, and Their Families (DSCYF) in the Division of Youth Rehabilitative Services’ Serious Juvenile Offender (SJO) Unit. Juvenile Probation and Parole Officers in the SJO Unit are specialized staff who are responsible for monitoring the highest-risk youth. Unlike the majority of the Division’s Community Services staff monitoring youth on pretrial supervision or aftercare, the officers in the SJO Unit are sworn law enforcement officers authorized to carry a firearm and enforce warrants. This Act does not change the existing powers and duties of DSCYF Juvenile Probation and Parole Officers, but instead updates Delaware Code to align with their position classification. This Act adds Juvenile Probation and Parole Officers employed by DSCYF to the Police Officers’ and Firefighters’ Employment Relations Act (POFERA). This will allow the officers in the SJO Unit to seek union representation under the Fraternal Order of Police like the Department of Correction’s Probation and Parole Officers, the DSCYF Juvenile Probation and Parole Officers’ closest state agency counterparts. This Act also adds DSCYF employees to the existing statute that enables Department of Correction employees to receive a service pension after 25 years if they internally promote after 20 years of credited service. This Act also changes references throughout Delaware Code to be consistent with the position classification name and makes technical corrections to existing code to conform to the standards of the Delaware Legislative Drafting Manual.

House Substitute No. 1 for House Bill No. 301, like the original, updates the existing crime of “breach of peace or violence on election day.” Under this statute, it is unlawful to take the following actions on a day of election or early in-person voting or during the reading and counting of ballots with the intent to impede or interfere with the election: (1) The use of any violence or threats of violence at or near a polling place, a Department of Elections office, a meeting of the Board of Canvass, or any other place where votes are cast, stored, read, or counted; (2) A breach of peace at or near the same places; and (3) Hindering, controlling, coercing, or intimidating or attempting to hinder, control, coerce, or intimidate any qualified elector from exercising their right to vote. A violation of the statute is a class G felony. This substitute differs from the original HB 301 in that it makes the intent to impede or interfere with the election an element of the crime for any of the prohibited acts. It also adds “any other place where votes are cast, stored, read, or counted” to the locations where the acts are prohibited. It adds the third act of “hindering, controlling, coercing or intimidating a voter" from or in exercising their right to vote as a prohibited act.

This Act provides that a felon may receive letters testamentary, or of administration, when the Register of Wills permits it, in the Register’s discretion, upon good cause shown.