General Assembly

DOVER, Del. - Delaware has passed a new Senate Substitute 3 for Senate Bill 169 that will provide financial compensation and support to people wrongfully convicted of crimes they didn’t commit.

The Delaware Wrongful Conviction Compensation and Service Act, signed into law by Governor John Carney on Sept. 26, 2024, helps individuals who served time in prison, psychiatric facilities, or were on probation or registered as sex offenders for crimes they did not commit.

The bill, introduced on May 20, 2024, by Sen. Hoffner, establishes a framework for eligible individuals to seek damages through the Delaware Superior Court. Compensation will vary based on the period and circumstances of wrongful incarceration, parole, probation, or sex offender registration.

The act also introduces emergency services for individuals released from incarceration following the reversal or vacating of a conviction. However, it excludes eligibility for those who were accomplices in the crime or who intentionally contributed to their own conviction through perjury or fabrication of evidence.

Senate Substitute 3 for SB 169 expands upon earlier versions of the legislation by including individuals wrongfully confined in psychiatric institutions and requiring a preponderance of evidence to establish innocence or the absence of a crime. It also specifies that individuals pardoned for offenses are ineligible for post-release services under the act. Also, any awards granted under the act must be offset by prior recoveries in related civil cases, with provisions for reimbursement if subsequent civil awards are secured.

The act, which takes effect on June 30, 2025, also ensures that people released after their convictions are overturned can access emergency assistance and services to help them adjust back into society. 

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Amanda Flynn joined the CoastTV News team as a producer in August 2023. She primarily works on the 5 p.m. newscast. Amanda graduated from Penn State University with a degree in digital and print journalism and a minor in digital media trends and analytics. 

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