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Senate amends Corrections regulatory language so Compassionate Release Act can take effect

Senate of the State of Delaware · January 15, 2026
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Summary

Senate Bill 224 passed to amend Title 11, changing statutory language from 'shall' to 'may' so the Department of Correction's required promulgation of regulations does not block implementation of the Compassionate Release Act.

The Senate passed Senate Bill 224 on Thursday to amend Title 11 of the Delaware Code, altering language governing the Department of Correction’s regulatory authority to permit — rather than require — promulgation of regulations tied to sentence modification under the Compassionate Release Act.

Senator Townsend explained that the prior statutory phrasing required the Department of Correction to promulgate regulations before the law could take effect, but in practice the department indicated no regulations were needed. SB 224 replaces the mandatory 'shall' with 'may,' allowing the act to operate without a regulatory barrier.

Senator Townsend described the change as a technical fix and said the language will prevent an unintended delay in implementing compassionate release provisions. The Senate recorded a roll-call vote of 21 yes and declared the bill passed.