Delaware’s sentencing commission reviews punishment guidelines and reports yearly

The commission reviews sentencing guidelines and recommends updates to those guidelines and Delaware law. Reviews consider crime severity and research on reducing repeat offenses. The commission may arrange research partnerships. Guidelines serve as the usual starting point for sentencing and cover the type and severity of punishment. State agencies and state and local officials must meet reasonable requests for help, information, and reports. The commission must take reasonable steps to protect confidential information. Reviews take place on an ongoing basis.

The independent commission sits within the Criminal Justice Council for budget and administrative purposes and selects an executive director. The nine seats include three court representatives, three Criminal Division representatives, two Office of Defense Services representatives, and one private Delaware criminal defense lawyer. A majority must attend to conduct business, including at least one court representative, one prosecution representative, and one defense representative. Additional hiring requires commission approval and must stay within money approved by the legislature.

The commission allows public comment at meetings and sends an annual report on major guideline changes to designated state leaders and offices. The report covers major changes made to sentencing guidelines during the preceding year. Public comment follows Delaware’s public meeting law. The commission may work with the Statistical Analysis Center to collect sentencing data only if funding is available. The annual report must reach the designated state leaders and offices by October 1 each year.