2007-2009 AGENDA FOR ACTION

 Advancing Reform of the Criminal Justice System

Three key strategies drive SURJ’s 2007-2009 Agenda for Action, all of which, when implemented, will increase public safety and put public resources to better use, while ensuring a more just criminal justice system.

Action steps taken will bring about these benefits by:

·        Reducing pressure for prison expansion

·        Lowering recidivism

·        Providing non-violent people with substance abuse treatment rather than incarceration

STRATEGY ONE: SENTENCING REFORM

Delaware should undertake an extensive review of sentencing policies and laws.  The review should include charging decisions, pre-trial detention, plea-bargaining practices, sentencing, corrections policies, institutional and community rehabilitation opportunities, and ex-offender reentry.

1. Repeal mandatory minimum drug sentencing laws that unduly limit a judge’s discretion to individualize sentences so that the sentence in each case: (1) equitably reflects the gravity of the offense and the degree of culpability of the offender; and (2) includes an assessment of long-term public safety concerns.

2. Undertake a comprehensive review of Delaware’s criminal justice system, including pretrial, detention, sentencing and correctional systems. 

3.  Monitor Implementation of House Bill 210, the 2003 sentencing reform compromise that partially repealed Delaware’s mandatory minimum drug sentences.

4.  Monitor Implementation of Senate Bill 50, the Probation Reform Act, which limits probation terms, collapses consecutive sentences, consolidates multiple probation sentences, and makes additional improvements.

5. Encourage the Department of Correction to develop a policy with respect to geriatric offenders, increasing discretion to release geriatric offenders consistent with public safety.

6.  Monitor Activity of the Sentencing Accountability Commission, established to create a system that emphasizes accountability of the offender to the criminal justice system and accountability of the criminal justice system to the public.

STRATEGY TWO: ESTABLISH PLANS AND PROGRAMS TO PROMOTE SUCCESSFUL REENTRY

Delaware should adopt a comprehensive plan to reduce return rates to prison, including the development of reentry plans, procedures, and services to facilitate the reintegration of released inmates into the community and relief from legal obstacles that impede reintegration.

1. Advocate for a comprehensive offender reentry system, using the recommendations developed at the Delaware Reentry Roundtable and focusing on report findings, research recommendations and specific actions for achieving successful reentry.

2. Continue reentry focus of Visions of Justice public education forums in partnership with the Delaware Center for Justice (DCJ).

3. Monitor the implementation of Senate Bill 229 (2004) and Senate Bill 97 (2005), which removed certain occupational licensing barriers and limited the felonies banned to those directly related to the profession.

4. Monitor the Delaware Department of Labor’s PRISON-TO-WORK initiative.

STRATEGY THREE: DEVELOP AND FUND TREATMENT AND TRAINING PROGRAMS

1. Garner support from criminal justice policy makers for treatment alternatives that have been documented as effective in reducing recidivism.

2.  Support emerging legislation or advocate for new laws that provide effective treatment alternatives. 

3. Monitor the inmate classification system to identify program service gaps and system effectiveness.

4. Advocate for adoption of generally accepted professional standards for therapeutic communities to ensure that all treatment community graduates in the Department of Correction receive transitional care and aftercare.