Stephanie L. Hansen
- District 10
This Act clarifies Delaware’s driving under the influence (“DUI”) law related to intensive inpatient or outpatient drug and alcohol treatment for felony DUI offenders. The current law has resulted in differing interpretations regarding treatment; specifically, whether treatment must be completed while incarcerated (Level V) or at home confinement (Level IV), rather than at community supervision (Level III or Level II). This has resulted in extending incarceration for some offenders or requiring out-of-state offenders to reside in Delaware to complete the mandated drug and alcohol abstinence program and drug and alcohol treatment program under § 4177(d)(9) of Title 21. Specifically, this Act permits the Superior Court to sentence felony DUI offenders to commence intensive treatment at any level of supervision, including community supervision. This Act also requires offenders to complete treatment within 9 months of the date of sentence or the date of release from Level V or Level IV, unless the Superior Court has granted the offender an extension for good cause. If an offender does not complete the treatment as required, the Superior Court must impose the portion of the minimum sentence suspended by the Court for the offender’s participation in the program.
Amendment HA 1 to SB 184 - Introduced and Placed With Bill
Passed By Senate. Votes: 21 YES
Amendment SA 1 to SB 184 - Passed By Senate. Votes: 21 YES
Amendment SA 1 to SB 184 - Introduced and Placed With Bill
|Bill Text Versions||Format|
|Bill Text||PDF HTML|
|SA 1 to SB 184||HTML PDF|
|No related documents.|
Data on Open States is updated nightly from the official website of the Delaware General Assembly.
If you notice any inconsistencies with these official sources, feel free to file an issue.