How Can Sentences Be Reviewed For Modification Under Truth-in-sentencing?
Pursuant to 11 Del. C. ยง4217, with respect to sentences imposed under the Truth-In-Sentencing Act of 1989 (i.e., crimes committed June 30, 1990, or thereafter), the Department may file an application for sentence modification for “good cause shown which certifies that the release of the offender shall not constitute a substantial risk to the community or himself.” Upon receipt of the Department’s application showing “good cause,” the Board will schedule and hold a hearing for the purpose of deciding the appropriate recommendation to the sentencing judge or to reject the application, if the Board determines that the offender constitutes a substantial risk to the community or determines that the application is not based on good cause. No offender sentenced for a Title 11 violent felony shall be eligible until at least one-half of the sentence has been served; no offender serving a Title 11 Mandatory term will be eligible during the mandatory portion of the sentence.
