§ 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.

Legislative History

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