Delaware Senate Bill SB282

Delaware 2023-2024 Regular Session

• Introduced: 5/7/24
• Engrossed: 5/21/24
• Refer: 5/7/24
• Refer: 5/22/24
• Enrolled: 6/30/24
• Passed: 8/12/24

Caption

An Act To Amend Title 11 And Title 16 Of The Delaware Code Relating To The Elimination Of Certain Fees.

Impact

The passage of SB282 is expected to significantly impact state laws relating to the financial responsibilities of individuals convicted of crimes, particularly those fees that have accrued. By repealing these fees, the bill will eliminate outstanding balances owed by defendants, thereby easing some financial burdens often associated with legal processes. It is also aligned with a broader movement toward criminal justice reform, which acknowledges the disproportionate effects of financial penalties on low-income individuals and communities of color, emphasizing rehabilitation rather than punishment through fines.

Summary

Senate Bill 282, introduced in the Delaware General Assembly, aims to amend Title 11 and Title 16 of the Delaware Code by eliminating certain fees imposed on criminal defendants. The bill, sponsored by a group of state legislators, seeks to repeal fees associated with the Senior Trust Fund Fee, the Interstate Compact Fee, and fees directed towards substance abuse rehabilitation. This legislation responds to recommendations from the Criminal Legal System Imposed Debt Study Group, which highlighted the need for reform in the area of legal financial obligations that can burden individuals within the criminal justice system.

Sentiment

The general sentiment surrounding SB282 has been positive among advocates for criminal justice reform. Proponents argue that the elimination of these fees represents a critical step towards alleviating the financial hardships faced by those who have been convicted of crimes. However, there are concerns from some stakeholders regarding the loss of revenue that these fees previously generated for programs and agencies focused on rehabilitation and support. A balancing act will need to be managed to ensure that while individuals may be relieved of their financial obligations, essential services continue to receive adequate funding.

Contention

Notable points of contention include the possible implications of reduced funding for vital programs traditionally supported by these fees, such as substance abuse treatment and services for the elderly. Critics argue that without careful planning and the identification of alternative revenue sources, important societal support structures could be adversely affected. The bill's advocates may need to provide a robust framework ensuring that the void left by repealed fees does not lead to gaps in critical services that assist vulnerable populations.