Delaware Code Title 11 Sec. 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.
Terms Used In Delaware Code Title 11 Sec. 4350
- Department: means the Department of Correction. See Delaware Code Title 11 Sec. 4302
- Offender: means any person who has been brought within the jurisdiction of the Superior Court, Family Court, or Court of Common Pleas or within the scope of duties of the Board of Parole or the Board of Pardons. See Delaware Code Title 11 Sec. 4302
- Parole: means the release by the Parole Board of an offender from incarceration to the community prior to the expiration of the offender's term, subject to the supervision and guidance of the Department. See Delaware Code Title 11 Sec. 4302
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;