reglab/housing_qa huggingface dataset:
11 DE Code § 4341. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter IV. Parole|§ 4341. Selection, appointment and removal of Board of Parole.

§ 4341. Selection, appointment and removal of Board of Parole. (a) The Board of Parole shall consist of a Chairperson and 4 other members, all of whom shall be appointed by the Governor and confirmed by a majority of the members elected to the Senate. One member shall be from each county and 1 additional member shall be from the City of Wilmington. Appointed members may include, but not be limited to, those who have a demonstrated interest in correctional treatment, social welfare, or victim advocacy. (b) The Chairperson shall be paid a salary which shall be fixed by the Governor. (c) The Chairperson shall be experienced in the area or areas of probation, parole and/or other related areas of corrections. (d) The Chairperson shall serve at the pleasure of the Governor, and all other members shall serve a 4-year term, provided that no more than 1 member's term shall expire annually. The Governor may appoint members for terms of less than 4 years to ensure that the Board members' terms expire on a staggered basis. A member shall hold office until a successor has been appointed and qualified. (e) The Governor may remove a member of the Board only for disability, inefficiency, neglect of duty or malfeasance in office. A member may be deemed in neglect of duty if he or she is absent from 3 consecutive Board meetings without adequate reason or if they attend less than 50% of Board meetings in a calendar year. Before such removal the Governor shall give the member a written copy of the charges against such member and shall fix the time when such member can be heard in such member's defense, which shall not be less than 10 days thereafter. 11 Del. C. 1953, §  4341;  54 Del. Laws, c. 349, §  7;  57 Del. Laws, c. 597, §  1;  59 Del. Laws, c. 172, §§  1, 2;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 299, §  1;  79 Del. Laws, c. 366, §  1;
11 DE Code § 4342. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter IV. Parole|§ 4342. Adequate quarters; personnel; seal.

§ 4342. Adequate quarters; personnel; seal. (a) The Board shall obtain and maintain suitable and adequate quarters and shall employ those persons necessary to carry out its functions. For administrative and budgetary purposes, the Board shall be placed within the Criminal Justice Council. Fiscal oversight shall be provided by the Criminal Justice Council as determined by the Executive Director of the Criminal Justice Council. (b) The Board shall adopt an official seal of which the courts shall take judicial notice. 11 Del. C. 1953, §  4342;  54 Del. Laws, c. 349, §  7;  57 Del. Laws, c. 591, §  52;  57 Del. Laws, c. 597, §  2;  79 Del. Laws, c. 366, §  1;
11 DE Code § 4343. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter IV. Parole|§ 4343. Duties.

§ 4343. Duties. The Board shall:  (1) Be the paroling authority for the State; (2) Establish rules and regulations for the conduct of its own proceedings, and rules of procedure for the effective enforcement of this chapter. Copies of said rules and regulations shall be published and may be obtained upon request; (3) Determine the salary of any employee within the total appropriation in addition to proper expenses; (4) Meet at least once a month, for the transaction of business, and a sufficient other number of times as shall be necessary adequately to perform its duties under this chapter; (5) Keep a record of its acts and notify each applicant for parole, and the Department of its decisions; (6) Consult with the Department in the formulation and establishment of policies and procedures, fully to carry out the objectives of parole and correctional treatment in the best interests of the public; (7) Cooperate with the Department in preparing the annual report of the Board to be submitted to the Governor and make available and submit to the Department all statistical and other data of its work and compilation and analysis of dispositions as it shall require. The Board may make a separate statement or include such statement in the report of the Department to the Governor; (8) Act as advisory board to the Board of Pardons. When a person in legal custody of the Department of Correction applies to the Board of Pardons for recommendation for a pardon or commutation of sentence, the Parole Board, upon request, shall furnish to each member of the Board of Pardons and to the Governor a report of the record of such person, which shall include its opinion as to the state of rehabilitation of such person.11 Del. C. 1953, §  4343;  54 Del. Laws, c. 349, §  7;  57 Del. Laws, c. 597, §  3;  60 Del. Laws, c. 251, §  10;  78 Del. Laws, c. 305, §  1;
11 DE Code § 4344. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter IV. Parole|§ 4344. Compensation and expenses.

§ 4344. Compensation and expenses. (a) Each member of the Board except the Chairperson shall receive $300 per day, for services when attending a meeting of the Board. The meetings of the Board shall not exceed 50 in any year; however, the Governor may, in the Governor's discretion, give written authorization to the Board to hold as many meetings in excess of 50 in any year as the business of the Board may require. (b) In addition, each member shall receive mileage incurred attending such meetings and performing such duties. 11 Del. C. 1953, §  4344;  54 Del. Laws, c. 349, §  7;  57 Del. Laws, c. 597, §  4;  58 Del. Laws, c. 145;  59 Del. Laws, c. 172, §  3;  62 Del. Laws, c. 68, §  138;  62 Del. Laws, c. 86, §  40;  65 Del. Laws, c. 348, §  89;  69 Del. Laws, c. 459, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 329, §  1;
11 DE Code § 4345. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter IV. Parole|§ 4345. Information on applications for parole and review to be provided by Chairperson.

§ 4345. Information on applications for parole and review to be provided by Chairperson. At least 14 days before any meeting of the Board, the Chairperson shall provide all the members of the Board with copies of all pertinent information and materials at the Chairperson's disposal concerning all applications for parole coming before the Board at that meeting, or concerning any reviews which shall be undertaken at that meeting. 11 Del. C. 1953, §  4345;  57 Del. Laws, c. 597, §  5;  70 Del. Laws, c. 186, §  1;
11 DE Code § 4346. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter IV. Parole|§ 4346. Eligibility for parole.

§ 4346. Eligibility for parole. (a) A person confined to any correctional facility administered by the Department may be released on parole by the Board if the person has served 1/3 of the term imposed by the court, such term to be reduced by such merit and good behavior credits as have been earned, or 120 days, whichever is greater. For the purpose of this subchapter, “court” shall include any court committing an offender to the Department. (b) Consistent with law, the Board, upon written recommendation of the court which imposed the sentence, or the Department, may reduce the minimum term of eligibility when the Board is satisfied that the best interest of the public and the welfare of the person will be served by such reduction. Such reduction in the minimum term of eligibility for parole shall be by order of the Board stating the specific date when said person shall become eligible for parole; but such reduction of the minimum term of eligibility for parole shall have no effect on the maximum limits of the sentence. The order of reduction by the Board shall be made in open hearing. (c) The Board shall have authority to act where the maximum term has been commuted by the Governor. For all purposes of this section, a person sentenced to imprisonment for life shall be considered as having been sentenced to a fixed term of 45 years. (d) Consistent with law, the Board may adopt such other rules as it deems proper or necessary with respect to the eligibility of persons for parole, the conduct of parole hearings or conditions to be imposed upon parolees. (e) Whenever the physical or mental condition of any person confined in any institution demands treatment which the Department cannot furnish, the Department may, if such action seems necessary for the well-being of such person, recommend the case be considered by the Board of Parole at a regular or special meeting. When such case is so considered, the Board of Parole, if satisfied that removal from the institution is necessary for the well-being of such person, may order the release of such person on parole without regard to the time already served by such person. The Board of Parole shall parole in such case only when arrangements have been made for the treatment of the person in some institution. The Board of Parole may impose any conditions of parole in such case, may revoke such parole without hearing at any time and for any cause, and order the return of the person to the Department. 11 Del. C. 1953, §  4346;  54 Del. Laws, c. 349, §  7;
11 DE Code § 4348. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter IV. Parole|§ 4348. Release upon merit and good behavior credits.

§ 4348. Release upon merit and good behavior credits. A person released on or after August 8, 2012, having served that person's term or terms in incarceration, less such merit and good behavior credits as have been earned, shall, upon release, be deemed as released on probation until the expiration of the maximum term or terms for which the person is sentenced. A person may waive the right to conditional release, in which case the person shall serve the remainder of the term or terms in prison. Such waiver shall be in writing. 11 Del. C. 1953, §  4348;  54 Del. Laws, c. 349, §  7;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 392, §  7;  79 Del. Laws, c. 187, §  3;
11 DE Code § 4349. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter IV. Parole|§ 4349. Information from the Department and others.

§ 4349. Information from the Department and others. The Department shall grant to the Board or its representatives access to any person over whom the Board has jurisdiction under this chapter, and shall provide facilities for communicating with and observing such person, and make available to the Board such reports as the Board shall require concerning the conduct and character of any person in the custody of the Department, the institutional plan of treatment for such person or any other facts deemed by the Board pertinent in determining whether the person shall be paroled. The Department shall furnish to the Board such reports as the Board shall require concerning casework performed in the community with relatives or others connected with the person, investigations of parole plans or other reports or facts deemed by the Board pertinent in determining whether or not the person shall be paroled. All police agencies of this State, upon request, shall furnish the Board with any information at their disposal in regard to any person to be considered for parole. 11 Del. C. 1953, §  4349;  54 Del. Laws, c. 349, §  7;
11 DE Code § 4350. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter IV. Parole|§ 4350. Conduct of hearings on applications for parole.

§ 4350. Conduct of hearings on applications for parole. (a) The Board shall adopt rules for hearing oral statements or arguments by persons not connected with the Department of Correction when hearing applications for parole. In developing those rules, the Board shall reserve for itself the right to:  (1) Limit the length of each statement; (2) Restrict the number of individuals allowed to attend parole hearings in accordance with physical limitations or security requirements of the hearing facilities; and (3) Deny admission or continued attendance to individuals who threaten or present a danger to the attendees or participants or who disrupt the hearing. The Board shall also accept written statements. (b) The Board may take formal action to close their proceedings upon a majority vote of members present for the following reasons:  (1) To protect ongoing law-enforcement investigations, upon written request of the attorney general or law-enforcement agency; (2) To deliberate upon oral or written arguments received; (3) To provide opportunity for applicants to challenge confidential information which they believe is detrimental to their applications; or (4) At the request of the victim or, in the case of first-degree murder, the immediate family of the victim. (c) The Department of Correction may appear personally before the Board to advise and be heard by the Board with respect to any application for parole being considered. (d) When the Board is hearing an application for parole made by an offender, the victim or immediate family of the victim of such crime or their duly appointed representatives may make oral statements or arguments before the Board with respect to the application for parole being considered. Victims or their representatives shall have priority in making statements before the Board. (e) As used in this section, the phrase “immediate family” shall mean widow, widower, parents, children, brothers and sisters of the victim. 11 Del. C. 1953, §  4350;  54 Del. Laws, c. 349, §  7;  60 Del. Laws, c. 64, §  1;  70 Del. Laws, c. 168, §  1;
11 DE Code § 4351. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter IV. Parole|§ 4351. Witnesses; production of records.

§ 4351. Witnesses; production of records. The Board may issue subpoenas requiring the attendance of such witnesses and the production of such records, books, papers and documents necessary for investigation of the case of any person before it. Subpoenas may be signed and oaths administered by any member of the Board. Subpoenas so issued may be served by Department employees or by any person authorized to serve subpoenas by the Rules of Civil Procedure of the Superior Court and shall be served and returned as provided by said Rules. The fees of witnesses shall be the same as allowed in the Superior Court and shall be paid by the State Treasurer from any moneys in the Treasury of the State not otherwise appropriated, upon a warrant signed by a member of the Board and its Secretary. Any person who testifies falsely or fails to appear when subpoenaed, or refuses to produce such material pursuant to the subpoena, shall be subject to the same orders and penalties to which a person before said Court is subject. The Superior Court, upon application of the Board, may in its discretion compel the attendance of witnesses, the production of such material and the giving of testimony before the Board, by an attachment for contempt or otherwise in the same manner as production of evidence may be compelled before such Superior Court. 11 Del. C. 1953, §  4351;  54 Del. Laws, c. 349, §  7;
11 DE Code § 4353. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter IV. Parole|§ 4353. Mental health evaluations required prior to parole.

§ 4353. Mental health evaluations required prior to parole. (a) No person who has been convicted of and imprisoned for any class A felony, felony sex offense or any felony wherein death or assault to a victim occurred shall be released from incarceration by the Parole Board until the Parole Board has considered a mental health evaluation of such person. The Parole Board, in its discretion, may request mental health evaluations on persons convicted and imprisoned for any offense not enumerated above. (b) The Department of Correction shall ensure that mental health evaluations required by subsection (a) of this section are available to the Parole Board at the time of the hearing in those cases wherein a favorable recommendation is made by the Department to the Board. In cases wherein a favorable recommendation is not made by the Department but the Parole Board has determined that the person is otherwise suitable for release on parole, the Parole Board must request a mental health evaluation, pursuant to this section. (c) The Parole Board may consider any mental health evaluation conducted within 12 months prior to the person's parole hearing in lieu of requesting a new mental health evaluation. However, for persons convicted and imprisoned for any of the offenses listed in subsection (a) of this section, the Parole Board may determine that it requires additional information. In such case as additional information is required, no person shall be released from incarceration until such additional information has been considered by the Parole Board. (d) Mental health evaluations conducted pursuant to this section will be administered by a person with professional education and training. The mental health evaluation to the Parole Board shall consist of:  (1) Background information or historical information about the person's mental health; (2) Information about the person's functioning in the prison or institutional setting; (3) A description of the person's current mental health; and (4) A summary with a prognosis of expected behavior if the person were paroled, including any specific recommendations for mental health care. (e) Any mental health evaluations prepared pursuant to this section will be provided to each member of the Parole Board for their consideration in determining whether the person should be released from prison. (f) Nothing in this section shall preclude the parole of a person for treatment to another institution because of a physical or mental condition, as provided in § 4346 of this title. 11 Del. C. 1953, §  4353;  57 Del. Laws, c. 596, §  1;  66 Del. Laws, c. 269, §  9;  67 Del. Laws, c. 315, §  1;  68 Del. Laws, c. 372, §  1;  69 Del. Laws, c. 336, §  1;
11 DE Code § 4354. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter IV. Parole|§ 4354. Applicability to sentences imposed pursuant to truth in sentencing.

§ 4354. Applicability to sentences imposed pursuant to truth in sentencing. No sentence imposed pursuant to the provisions of the Truth and Sentencing Act of 1989, including sentences imposed for felonies under § 4177 of Title 21, shall be subject to parole under the provisions of this subchapter. 67 Del. Laws, c. 130, §  7;  80 Del. Laws, c. 120, §  2;
11 DE Code § 4359. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter V. Interstate Compact for the Supervision of Adult Offenders|§ 4359. Short title; Service fee.

§ 4359. Short title; Service fee. This subchapter may be cited as the Interstate Compact for Adult Offender Supervision. Any probationee who applies under this Compact for interstate transfer into or from the State of Delaware shall pay to the Department of Correction a service fee of $50 to defray costs under the Compact. 11 Del. C. 1953, §  4359;  54 Del. Laws, c. 349, §  7;  74 Del. Laws, c. 91, §  1;
11 DE Code § 4359A. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter V. Interstate Compact for the Supervision of Adult Offenders|§ 4359A. State Council for Interstate Adult Offender Supervision.

§ 4359A. State Council for Interstate Adult Offender Supervision. (a) The State Council for Interstate Adult Offender Supervision is hereby established and shall consist of 7 members as follows:  (1) The Commissioner of Correction, or the Commissioner's designee. (2) The Director of Probation and Parole, or the Director's designee. (3) A member of the Delaware Senate appointed by the President Pro Tempore of the Senate to serve at the pleasure of the President Pro Tempore. (4) A member of the Delaware House of Representatives appointed by the Speaker of the House to serve at the pleasure of the Speaker of the House. (5) A member of the state judiciary appointed by the Chief Justice of the Delaware Supreme Court to serve at the pleasure of the Chief Justice. (6) Two members appointed by the Governor who shall serve at the pleasure of the Governor. At least 1 of these appointments must be a representative of a victims' assistance or advocacy organization. (b) By majority vote of the members, the State Council for Interstate Adult Offender Supervision shall select a chairperson who shall serve as the Compact Commissioner and Administrator to the Interstate Commission for Adult Offender Supervision. (c) The State Council shall exercise oversight and advocacy concerning the State's participation in Interstate Commission activities and other duties including, but not limited to, the development of policy concerning operations and procedures of the Compact within the State. (d) The State Council shall meet at least twice each year. 77 Del. Laws, c. 178, §  1;
11 DE Code § 4363. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter VI. Clemency|§ 4363. Request for advice from Board of Parole.

§ 4363. Request for advice from Board of Parole. Whenever the Board of Pardons receives an application for recommendation of pardon or commutation of sentence from a person who is in legal custody of the Department of Correction, the Board shall request from the Board of Parole a report summarizing the complete record of such person, which shall include an opinion as to the state of rehabilitation of such person. The report shall be furnished by the Parole Board as provided in § 4343(8) of this title. 11 Del. C. 1953, §  4363;  57 Del. Laws, c. 595, §  1;  80 Del. Laws, c. 51, §  2;
11 DE Code § 4364. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter VI. Clemency|§ 4364. Effect of pardon; restoration of civil rights.

§ 4364. Effect of pardon; restoration of civil rights. Except as otherwise provided by the Delaware Constitution, or expressly by any provision of the Delaware Code or any court rule, the granting of an unconditional pardon by the Governor shall have the effect of fully restoring all civil rights to the person pardoned. Such civil rights include, but are not limited to, the right to vote, the right to serve on a jury if selected, the right to purchase or possess deadly weapons and the right to seek and hold public office provided however, that this section shall not limit or affect the Governor's authority to place lawful conditions upon the granting of a pardon. Notwithstanding the granting of a pardon or any provision of this section, no person who shall be convicted of embezzlement of the public money, bribery, perjury or other infamous crime, shall be eligible to a seat in either House of the General Assembly, or capable of holding any office of trust, honor or profit under this State. 74 Del. Laws, c. 156, §  1;
11 DE Code § 4371. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 43. Sentencing, Probation, Parole and Pardons|Subchapter VII. Expungement of Criminal Records|§ 4371. Statement of policy.

§ 4371. Statement of policy. The General Assembly finds that a criminal history is a hindrance to a person's present and future ability to obtain employment, housing, education, or credit. This subchapter is intended to protect persons from unwarranted damage which may occur when the existence of a criminal history continues indefinitely. 62 Del. Laws, c. 317, §  2;  82 Del. Laws, c. 83, § 1;