The effort to improve Delaware’s overly harsh drug laws has culminated in a comprehensive revision of Title 16, which contains the drug code.  HB 443 is a collaborative effort toward drug law reform which began in April 2009 and involved the Attorney General’s Office, Public Defender, Law Enforcement, Department of Correction, and SURJ.  The new proposed drug laws mirror the more sensible sentencing schemes used in other states and bring the drug laws into line with the rest of the Delaware code.  The new scheme is smarter, simpler, and allows for better consideration of the unique circumstances of each drug offense. 

Consistent with the rest of the Delaware code, only drug offenses which are Class B Felonies will carry a mandatory minimum sentence.  Some drug crimes which are currently felonies will be reduced to misdemeanors.  The new sentencing structure will simplify and reduce the number of charges in a single drug case.  Prosecutors will no longer be able to heap on multiple charges that carry separate mandatory minimum sentences.  Rather, the new structure includes a base charge according to a “Tier” system, and aggravating factors such as dealing drugs in a school zone or resisting arrest could increase the offense level.

The amounts of drugs that trigger mandatory minimum sentences would also be significantly increased.  For example, 10 grams of cocaine previously triggered a 2 year mandatory minimum sentence; however, the new scheme would require 25 grams of cocaine to trigger the same sentence.  Cases involving lower quantities would trigger the mandatory minimum only if certain aggravating circumstances exist.

Important changes to school zone protections and driver’s license suspensions for drug offenders would also be made.  Currently, drug offenders can rack up penalties if the crime occurred within 1,000 feet of a school.  This is problematic in urban areas such as the city of Wilmington, where the number of schools is more highly concentrated than in rural or suburban areas.  The new law redefines protected school zones to an area within 300 feet of a school.  Currently, those who commit drug offenses face a driver’s license suspension of 1 year.  Drug felons lose their license for 3 years.  This exceeds the length of the federally mandated revocation period.  The new proposed law reduces driver’s license revocations to 6 months for drug misdemeanors and 1 year for drug felonies.

Click here to view our YouTube video recognizing the work of our Americorps VISTA volunteers who are working to expand prisoner reentry programs in Delaware.

SURJ is proud to celebrate Americorps week (May 8 - May 15th, 2010) by recognizing the ongoing prisoner reentry work of its seven VISTA volunteers.  These volunteers are working with six local organizations to expand and improve prisoner reentry services.

The organizations hosting a volunteer are SURJ, Delaware Reentry Consortium, Delaware Center for Justice, A Center for Relational Living, the Office of the Public Defender, and The Elizabeth House Family Life Center.  VISTAs are tasked with expanding the capacity of the organizations where they are placed.  Some of the VISTAs’ activities include recruiting volunteers, creating or improving programs, and investigating grants.   Specific areas of service include creating mentoring projects for individuals leaving prison, expanding mental health support for ex-offenders, creating programs for older prisoners, and honing in on the specific needs of female prisoners. 

VISTA volunteers sign on for a one year term of service, which includes a modest living allowance from the federal government of between $800 and $900 per month.  The meager stipend helps VISTAs experience—some, for the first time—living at or below the poverty level.  This is an important “immersion experience,” since most of the programs where VISTAs are placed serve clients who are struggling to make ends meet due to their recent incarceration.

Specific activities of the VISTAs include:

• Tiffany Reed (Office of the Public Defender) is focusing specifically on female prisoners at Baylor Women’s Correctional Institution.  She has interviewed 27 female inmates over the last three months in order to assess the unmet needs that the women encounter when they are released from prison before their trial.  Based on the interviews, Brooks has created a Gender-Specific Pretrial Reentry Needs Assessment Tool.  The needs assessment includes the five commonly identified reentry pillars (housing, employment, human services, education, and community reintegration) but includes other needs as well.  The tool will help the Public Defender staff to better understand the needs of their female clients and will enable the staff to develop protocol and best practices for new client intake.  Brooks is also laying the groundwork for a “Pathways Through Probation” support group for the women.  This pilot project would provide female offenders with the tools necessary to navigate the terms of their probation and would help them avoid technical violations while providing a safe place to get moral support.  The pilot program design and launch plan should be in place by next February.
• Nicole Jones (A Center for Relational Living) is expanding a mentor program for former prisoners. Jones is currently assisting ACRL with recruiting mentors.  Jones, who recently left her corporate job in New York to pursue public interest work, has been interviewing current and previous mentors at ACRL to determine how the organization can improve its program.  She is also creating a mentor application process and is assembling training materials for mentors who are selected.  ACRL will launch a mentor recruitment initiative in June to attempt to attract more male mentors to the program.  Jones is also ramping up the organization’s donation system in order to ensure that the program is sustainable.
• Tiffany Brooks is assisting the Delaware Reentry Consortium in its mission of providing resources and support to agencies that engage in prisoner reentry work.  Brooks has recruited three new board members to the organization and is assisting DRC with planning public events.  She has also updated DRC’s Prisoner Reentry Resources Online Directory, which helps ex-offenders, their families, and service providers find appropriate services and resources by geographic area or by service category.
• Charles Goldberg (Delaware Center for Justice) is assisting DCJ with implementing a program aimed at ex-offenders who struggle with Attention Deficit Hyperactivity Disorder (ADHD).  Although approximately 25% of incarcerated individuals suffer from ADHD, little to no resources exist to provide them with behavioral coaching to control their symptoms as they reenter the community.  Goldberg has been successful in implementing an ADHD screening tool for inmates that will be used by some probation officers going forward.  He is also working with local mental health experts to design and implement a research project designed to study whether ADHD treatment and behavioral coaching contributes to reducing recidivism.
• Tinisha Brown and Talita Virgil (Elizabeth House Family Life Center, Inc.) are assisting EHFLC with developing and formalizing the organization’s ex-offender mentoring project.  Virgil and Brown are developing the operations manual for the program, focusing on research pointing toward best practices in mentoring.  In the coming months, Virgil and Brown will be recruiting mentors for the program.
• Julie Miller (Stand Up for What’s Right and Just), an attorney who graduated from Widener Law School in 2009, is assisting SURJ in its pilot year of the Project for Older Prisoners, or POPS Program.  Under the supervision of SURJ, Widener Law students staff the program.  POPS identifies eligible geriatric prisoners who pose a low risk for reoffending and for whom sentence modification may be an appropriate option.  If sentence modification petitions are successful and the older inmate is released from prison based on the law students’ advocacy, prisoner reentry services are provided by the Delaware Center for Justice.  Miller has assisted SURJ in coordinating the many legal and systemic details associated with submitting sentence modification petitions.  She has also focused on recruiting law students to participate in the program and on securing grant funding to ensure that the program is sustainable.

You’re Invited!

SURJ Wine Tasting Event Celebrating the Kickoff of the Project for Older Prisoners (POPS Program)

Saturday, May 1, 2010

4 - 8 pm

Deerfield Fine Wines, 205 Louviers Drive, Shoppes at Louviers (Off Paper Mill Road)

Newark, DE

RSVP’s Appreciated to (302) 426-9252

FREE Valet, Live Music, and Silent Auction and $2 Raffle Tickets

Click here to visit our Facebook Event Page!  Hope to see you there!

Senate Bill 60 is the first leg of a constitutional amendment to Article 1, Section 12 of the Delaware Constitution regarding the right of accused persons to post bail.  If passed, this amendment would allow lawmakers to add to the list of crimes that are considered “non-bailable.”  The Senate passed SB 60 last June, and it is expected that the bill will receive a floor hearing in the House soon.

Why is bail an important issue?

• Currently, only those facing capital murder charges can be denied bail.  Allowing lawmakers to add crimes to the roster of non-bailable offenses would be a significant departure from the current system.
• Allowing the General Assembly to add crimes to the list of “non-bailable” offenses could significantly exacerbate our already-crowded prison system.  For example, Howard R. Young Correctional Institution in Wilmington is already operating at 200% of its designed capacity.  Citizens should carefully consider whether detaining additional offenders before trial is justifiable and affordable.
• Judges currently have the discretion to set a high bail on cases where the defendant poses a danger to the community or is  a potential flight risk.  Removing a judge’s discretion to set appropriate bail in certain cases is reminiscent of mandatory minimum sentencing, which has severely limited judges in sentencing drug cases individually.  This measure would further tie judges’ hands.

Why should I oppose this measure?

• Those who support the bill are drawing from the “Framers’ intent” for the constitution.  They point out that in 1792, manslaughter, rape, robbery, and burglary were capital offenses, and were therefore not eligible for bail.  They argue that over time, fewer and fewer crimes were defined as capital offenses, undermining the constitution’s original intent.  However, public standards are constantly changing.  For example, our state carried out public whippings from 1717 until 1952, and that law was not officially abolished until 1972.  Just as public opinion on public whippings has shifted, so has the public opinion on bail.
• The current bail system is working.  In cases where the offender poses a danger to the community or poses a flight risk, judges can set bail at a rate just high enough to keep the accused person in custody.
• In fact, Delaware prisons are already filled with defendants who cannot post bail.  The Delaware Office of Management and Budget’s Statistical Analysis Center indicates that between December 2007 and December 2009, the average number of detentioners during each quarter was 1,402.  Fewer than 25 of the detentioners behind bars from June to September of 2009 were facing the death penalty.  At a daily cost to Delaware taxpayers of $94.95 to keep a person in jail, adding to the already-large pool of detentioners would further crowd our prisons and stretch our budget.

What Would Be A Better Solution?

• Creating “bright line rules” to deny bail for more crimes is not a good solution– it’s not necessary, and it costs too much.  However, there may be special cases and circumstances (for example, the recent case of the Sussex pediatrician who is accused of multiple sexual assaults on young patients) when a suspect should be held without bail for a period of time before appearing before a judge.  This would allow police to continue their investigation without the risk of the suspect fleeing or harming additional victims.  Legislators are researching whether such a measure would be constitutional.
• Another potential solution would be for lawmakers to revisit the presumptive bail amounts for serious crimes, such as child rape.
• Legislators should consider a variety of solutions for protecting the public without compromising the right that Delawareans have to post bail for non-capital offenses.

What Can I Do?

• Call, email, or write your House Representative and ask him/her to oppose the bill.  Simply email SURJ at jchampney@surj.org with your mailing address, and we can tell you who your Representative is and how to contact them.  Or, look online to find out who your State Representative is, and how you can reach him/her (you will need your nine-digit zip code.  If you don’t know the last four digits of your zip code, find them here.)
• We appreciate hearing from members who contacted their legislators- please drop us a quick note!
• Thank you for being engaged.

SURJ is pleased to announce that it has received a grant to recruit seven Americorps *VISTA volunteers who will work full-time on prisoner reentry projects at six agencies in the state of Delaware.  Agencies that applied to SURJ for pass-through funding are the Office of the Public Defender of Delaware, the Delaware Center for Justice, The Elizabeth House Family Life Center, Delaware Reentry Consortium, and A Center for Relational Living. SURJ will also receive one VISTA.

Projects at the six agency sites all relate to eradicating poverty and improving prisoner reentry programs.  Work ranges from expanding mentoring services for ex-offenders, to expanding a program for geriatric prisoners, recruiting behavioral coaches for former prisoners who suffer from ADHD, to increasing the capacity and sustainability of organizations that serve ex-offenders.

For the press release on The News Journal’s website, please visit here.

Applications  for the Americorps *VISTA positions are now being accepted, and recruitment will extend into the third week in December.  Volunteer terms are slated to begin in early February following training in Philadelphia.  For more information, including detailed project descriptions and more information on each agency and whom to contact at each site, please submit an email to jchampney@surj.org.

SURJ and the Caesar Rodney Institute are Pleased to Present

Justice Reinvestment: The Potential for Cost Savings in Delaware

October 13, 2009

Registration & Regreshments 8:30 am - 9 am

Program 9 am - 12:45 pm

Theater N at the Nemours Building in Wilmington, Delaware

Michael Thompson of the Justice Reinvestment Project of the Justice Center at the Council of State Governments will share best practices information on how other states have cut corrections costs while improving public safety.

Local panelists will respond to Mr. Thompson’s keynote address.  Panelists will include

Dwight Holden, Chair, Board of Parole

Brendan O’Neill, Public Defender for the State of Delaware

Carl Danberg, Commissioner, Department of Correction

Sgt. Robert Coupe, Superintendent, Delaware State Police

President Judge James Vaughn, Superior Court

REGISTRATION FLYER AND REGISTRATION FORM ARE FOUND HERE

SURJ Fundraiser Luncheon to follow conference

Cafe Mezzanotte (adjacent to Theater N) at 1 pm

$40 per person.  Call (302) 426-9252 to register and to choose your entree

SURJ and the Delaware Center for Justice
Together with co-sponsors CHILD Inc., Children and Families First, and Delaware Coalition Against Domestic Violence

are pleased to present

VISIONS OF JUSTICE X

Preventing Violence in Families and Relationships: Creating a Safer Delaware

Featuring Keynote Speaker David S. Lee, MPH, Director of Prevention Services

California Coalition Against Sexual Assault and Manager of Prevention Connection

Featured Delaware Panelists Include:

Dr. Karyl Rattay, Director, Delaware Department of Health and Social Services, Department of Public Health

John G. Culhane, Esq., Professor of Law, Widener University School of Law

Thursday, November 5, 2009

at Newark Embassy Suites Hotel

654 South College Avenue, Newark, Delaware

Registration & Refreshments 8:30 am - 9 am

Morning Program 9 am - Noon

Optional Lunch from Noon - 1 pm ($20 per person, deli buffet)

Afternoon Workshop: Using Social Media to Prevent Violence Against Women 

1 pm - 3 pm

To register:

Registration deadline is October 30th

Call or email Joan Ciritella at Delaware Center for Justice at (302) 658-7174 or jciritella@dcjustice.org

Joining us for lunch?  Please mail $20 per person, payable to Delaware Center for Justice

Mail to 100 W. 10th Street, Suite 905

Wilmington, DE 19801

On June 3rd, HB 168, which would repeal mandatory minimum drug sentencing, was considered by the House Judiciary Committee.  The vote to release the bill to the House floor came in at 4 in favor and 4 opposed (1 Representative who was a co-sponsor was absent from the hearing, resulting in a tie).  We need your help to get the bill out of committee in the House– will you contact the four legislators who voted against releasing the bill to urge them to let the full House of Representatives consider the bill?

Keep in mind…. public opinion does not support mandatory minimum sentencing.  A poll by StrategyOne shows “widespread support for ending mandatory minimum sentences for nonviolent offenses and that Americans will vote for candidates who feel the same way. ” 78% of Americans said that courts, not Congress, should determine an individual’s prison sentence.

Please send an email or make a phone call to the four legislators who are refusing to allow the bill out of committee - even if they are not your district representative.  If one of them does happen to be your district rep, please be sure to mention that.  Tell them you want the Legislature to consider HB 168. Ask them to release the bill from committee!

Representatives who voted against releasing the bill from the House Judiciary Committee are:

Representative Dennis P. Williams.
Democrat, 1st District, Wilmington
Office Telephone No. (302) 577-8476
Home Telephone No. (302) 764-1812
Email dennis.williams@state.de.us

Representative John “Larry” Mitchell.
Democrat, 13th District, Wilmington
Office Telephone No. (302) 577-8473
Home Telephone No. (302) 995-1803
Email john.L.mitchell@state.de.us

Representative William Carson.
Democrat, 28th District, Smyrna
Office Telephone No. (302) 744-4351
Home Telephone No. (302) 653-8642
Email william.carson@state.de.us

Representative Clifford “Biff” Lee.
Republican, 40th District, Laurel
Office Telephone No. (302) 744-4034
Home Telephone No. (302) 875-5119

Email biff.lee@state.de.us

SURJ and the Delaware Center for Justice (DCJ) have partnered to bring the Project for Older Prisoners (POPS) to Delaware.  POPS seeks to identify geriatric inmates in correctional facilities that are good candidates for early release from prison.  Using a thorough screening process and risk analysis tool, law students evaluate geriatric inmates to determine whether they are good candidates for early release.  The program was established in 1989 by then-Tulane Law School professor Jonathan Turley, and is now based out of George Washington University School of Law in Washington, D.C.  The program operates in five states and the District of Columbia.

Delaware Department of Correction Commissioner Carl Danberg has stated that he supports the program, and Widener University School of Law in Wilmington has agreed to move forward with offering the POPS program as a course or “clinic” for its students.  SURJ and DCJ are in the process of developing a procedural model for the law school to use, based on a current procedure of applications for early release under Delaware Code Title 11, Chapter 42, Section 4217.  This provision, which requires that a petition from the Department of Correction be considered by the Board of Parole and, if approved, by the Superior Court, is infrequently utilized.  Law students participating in the POPS program would act as facilitators in expediting the usage of the current provision.

Under the pilot program model, Widener Law School has proposed that a team of one law student and one paralegal student would be paired with one volunteer attorney mentor and would be assigned a case load for evaluation under the POPS program.  Volunteer mentors are being recruited from the Delaware Bar Association’s Senior Lawyer Committee, but all attorneys, whether currently practicing or retired, are invited to participate.  If you or someone you know may be interested in serving as a volunteer mentor for law students involved in the POPS program, please contact the SURJ office at (302) 426-9252.

Prisoners are typically considered to be “geriatric offenders” if they are over the approximate age of 50.  Dr. Ina Li, Associate Director of Geriatric, Family, and Community Medicine with Christiana Care Health System, says that prison can add 15 years to a person’s biological age. For example, a 60-year-old may physically appear to be 75 years old due to a variety of conditions and symptoms that worsen under correctional care (depression, dementia, high blood pressure, stroke, and cancer).  The cost to care for geriatric prisoners, says Li, is three times higher behind bars than in the community.  Annual prison costs for younger inmates are $30-40,000 annually, but geriatric inmates typically cost the state $60-70,000 annually.  Commissioner Danberg has said that corrections funds are disproportionately spent on older inmates.

Older inmates are also less likely to commit future crimes, says Prof. Turley.  Age, among other factors such as whether the offender is a habitual offender, whether the crime was violent or property-related, and whether the offender is drug dependent or has health problems, should be considered.  Commissioner Danberg said that older prisoners are easy to manage and tend to be vulnerable to abuse.  Suicide rates are higher among older prisoners, and many older prisoners fear victimization from younger inmates.

The implementation of the POPS program in Delaware will help to ensure that our state’s limited financial resources are put to the best use possible.  If a geriatric inmate is found to be eligible through the intensive screening process and is successfully vetted through the Board of Parole and the Superior Court, the appropriate community supervision for the elderly offender and appropriate reentry services would be provided.