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SB 224

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF CORRECTION'S REGULATORY AUTHORITY RELATED TO MODIFICATION OF SENTENCES OF INCARCERATION.

153rd General Assembly (2025-2026) Introduced by Kerri Harris and 2 co-sponsors

Delaware law now grants the Department of Correction administrative authority to modify incarceration sentences, shifting power from courts to prison administrators.

Signed by Governor
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Bill Summary · SB 224

Legislative bill overview

SB 224 amends Delaware's corrections law to expand the Department of Correction's regulatory authority over sentence modifications for incarcerated individuals. The bill grants the DOC additional power to modify sentences of incarceration through administrative processes rather than exclusively through the courts.

Why is this important

This shift transfers sentence modification authority from the judicial branch to the executive branch (Department of Correction), potentially affecting thousands of incarcerated individuals' release dates and conditions. It raises fundamental questions about due process, separation of powers, and whether administrative agencies should have primary authority over sentence adjustments that were originally imposed by judges.

Potential points of contention

  • Separation of Powers: Granting executive branch agencies broad sentence modification authority traditionally held by courts may raise constitutional concerns about judicial independence
  • Due Process Protections: Administrative processes typically offer fewer procedural safeguards and appellate review than court proceedings, potentially disadvantaging incarcerated individuals seeking modifications
  • Accountability and Consistency: Different DOC administrators could apply sentence modification standards inconsistently, creating inequitable outcomes across the prison population

Compiled from official sources — confirm details with the bill’s official record.

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