DELAWARE- Delaware Governor Matt Meyer is expected to join lawmakers and advocates on Oct. 30 at the James T. Vaughn Correctional Center to ceremonially sign the Richard "Mouse" Smith Compassionate Release Act, reforming how those with long sentences seek early release under certain conditions.
The measure, formally known as Senate Bill 10, was named after Richard “Mouse” Smith, a longtime Delaware civil rights advocate who spent decades fighting for criminal justice reform.
The law changes Delaware’s sentence modification process by removing the Board of Parole from the decision chain, allowing incarcerated individuals to apply directly to the sentencing court for a sentence reduction.
According to the new system, people serving sentences of more than one year may seek sentence modification if they have a serious medical illness or infirmity that significantly affects their health.
- If they are 60 years or older, have served at least 15 years, and seek modification based on rehabilitation.
- If they have served at least 25 years and seek modification based on rehabilitation.
The law also grants individuals the right to petition the court directly, even if the Department of Correction does not recommend a modification. Additionally, the Department and the court must consider whether releasing a person poses a substantial risk to victims or witnesses, who must also be given a chance to be heard.
The Compassionate Release Act takes effect 180 days after being signed into law.
