Criminal justice bills support fairer sentencing, simplify code

Gov. John Carney signed three bills recently designed to simplify part of Delaware’s criminal code to make it more fair and just.

The three bills are part of the most ambitious criminal justice package Delaware has seen in a decade, which has aimed to reform the system by breaking down barriers to employment, refocusing youth justice, reducing the ability to stack charges and supporting judicial discretion in sentencing. Of the 17 bills that have been filed, 11 have now been signed into law.

“We’ve seen time and time again: A one-size-fits-all approach to justice does not work. We are taking on bold reforms to uphold accountability, while acknowledging we have to make systematic changes to ensure a fairness in this system,” said Rep. Stephanie T. Bolden, prime sponsor of House Bills 77 and 78.

House Bill 77 would simplify the burglary code to eliminate duplication by combining the burglary and home invasion sections and aligning minimum mandatory sentences. The bill would make the crime of burglarizing an occupied home during the day as serious as if done at night. It also would remove provisions for minimum mandatory time for prior convictions to recognize that enhanced penalties based on a person’s criminal history take place at sentencing.

House Bill 78 would simplify the robbery code to eliminate duplication. It combines the robbery and carjacking sections while preserving enhancements recognizing the seriousness of carjacking.

“Today marks one of the most significant steps forward for Delaware’s criminal justice system in recent memory,” said Attorney General Kathy Jennings. “The package of legislation signed today, along with the eight criminal justice reform bills already signed into law this year, does more than change Delaware’s laws. It is a rejection of the status quo by modernizing bloated and redundant laws, right-sizing individual punishments for individual crimes, and eliminating long-standing disparities in the enforcement of our drug laws. I am grateful for the work that legislators did to make this a reality, and I am inspired by the voices of so many advocates who put a face and a story to these issues.”

Senate Bill 47 would simplify Delaware’s drug code with a goal of providing more fairness in its application. It would remove geographic-based enhancements that disproportionately impact those living in urban areas as opposed to suburban and rural areas.

The bill reduces the number of weight tiers from five to three with adjustments to accompanying sentences while retaining higher felony levels for weights that indicate drug dealing. It also removes mandatory sentence enhancements that disproportionately impact those struggling with substance abuse disorders and reduce the triggers used to impose mandatory minimum sentences based on a crime’s proximity to a church, park or school - aggravated penalties more likely to be imposed on defendants arrested in cities than suburban or rural communities.