In 2017, 44,889 failure to pay capias issued for people who did not pay a fine, fee, cost, assessment, or restitution imposed for a non-felony offense. In the first 6 months of 2018, there were a total of 5,807 admissions to detention at all Level V facilities. Of these admissions, 129 were for failure to pay only and 595 were for failure to pay and another charge. When a capias is issued for nonpayment of a fine, courts currently may and do impose fees to cancel the warrant. When defendants are late paying their fines, the courts’ clerks also must forward the defendant’s name to the Department of Transportation’s Division of Motor Vehicles for license suspension. This Act prohibits a court or the Department of Transportation from suspending a driver’s license for nonpayment of a fine, fee, cost, assessment, or restitution and from charging a penalty, assessment, or fee to a defendant for the cancellation of a warrant issued due to the defendant’s nonpayment of a fine, fee, cost, assessment, or restitution. This Act also prohibits a court from imposing an additional fee on a defendant for payments that are made at designated periodic intervals or late, or when probation is ordered to supervise a defendant’s payment. Nothing in this Act precludes the court from filing contempt charges against defendants who willfully fail to pay their fines imposed after their ability to pay hearing. Further, this Act permits a court, before imposing a fine, fee, cost, or assessment, to consider a defendant’s ability to pay the fine, fee, costs, or assessment, whether an adult or a juvenile, is able to pay the fine, fee, cost, or assessment. This Act also provides the courts with discretion to waive, modify, suspend, costs, assessments, fines, and fees even if otherwise deemed mandatory by the Code. Additionally, this Act requires state, county, and municipal law enforcement agencies and volunteer ambulance companies to calculate and report the total sum they receive from fines, fees, costs, assessments and restitution and make a public report of these totals. This Act also creates the Criminal Legal System Imposed Debt Study Group to review the impact court imposed financial obligations have on defendants and survivors of crime and make recommendations to promote access, fairness, and transparency in the imposition and collection of court imposed financial obligations. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Sponsored bills
Employment for formerly incarcerated individuals is a major barrier to transitioning and re-entering the community. The National Institute of Justice estimates that 60% of ex-offenders are jobless one year after their release. Improving access to employment opportunities for ex-offenders helps lower the State’s recidivism rates and will improve public safety and reduce taxpayer spending on prisons. This Act seeks to improve access to employment for formerly incarcerated individuals by establishing the Ex-Offender Employment Opportunity Tax Credit that offers a tax credit to employers hiring qualified ex-offenders in an amount equal to 10% of that individuals wages, with a maximum credit of $1500.
This Act changes the employee classification of the Office of Highway Safety (OHS) director position from merit to exempt. The Department of Safety and Homeland Security (Department) is requesting the change to make the Department’s director position employee classifications consistent. The Department is seeking the change while the OHS Director position is vacant. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Delaware's statewide community college system, operated by Delaware Technical and Community College (“the College”), plays a critical role in the State's economy by providing workforce development, vocational training, and transfer education that connects Delawareans with good paying jobs within the State and region. This Act gives the College’s Board of Trustees the authority to issue bonds to finance the cost of major and minor capital improvements, deferred maintenance, and the acquisition of related equipment and educational technology and establishes the Community College Infrastructure Fund (“the Fund”) to pay the principal and interest on such bonds. Any promissory notes or bonds must be approved separately prior to issuance by the General Assembly in a bond and capital improvement act. This Act is a substitute for and differs from Senate Bill No. 50 by deleting the property tax component and instead provides that it is the intent of the General Assembly to appropriate at least $10 million for deferred maintenance for the next 5 years to be deposited to the Fund together with such other funds as may be deposited by the College from sources including, but not limited to, tuition and fees, private funds, non-state grants and federal support. This Act also provides a mechanism, but not an obligation, for the state to provide matching funds for minor capital improvement projects consistent with existing matching provisions for public education. This Act also makes technical corrections.
This legislation removes the automatic suspension of a driver’s license for failure to provide proof of insurance. The Division of Motor vehicles will continue to suspend the registration of the uninsured vehicle. The removal of the automatic license suspension will allow the vehicle owner to get to work, keep a job, so that the driver will be able to obtain vehicle insurance.
This Concurrent Resolution recognizes the Metropolitan Wilmington Urban League for its 19 years of service and dedication to improving the quality of life for underserved communities in Delaware by promoting education, civic engagement, economic development, and civil justice.
This Concurrent Resolution recognizes May 9, 2019 as Alpha Kappa Alpha Sorority or “AKA Day at the Capitol” in Delaware.
This legislation changes the requirement for the Department of Transportation to submit a Capital Transportation Program from annually to biennially.
This Resolution recognizes April 2019 as "Parkinson's Disease Awareness Month" in the State of Delaware.
This Resolution recognizes April, 2019 as "Second Chance Month" in Delaware.