§ 4353 — Mental health evaluations required prior to parole

Delaware § 4353

• Jurisdiction: Delaware
• Title: 11
• Part: Criminal Procedure Generally
• Ch. 43: SENTENCING, PROBATION, PAROLE AND PARDONS
• Subch.: Parole

Text

(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.

Legislative History

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