Senate passes bill to reestablish Delaware Sentencing Guidelines and Accountability Commission

Senate Bill 179, a measure to reestablish and recodify the Delaware Sentencing Guidelines and Accountability Commission, passed the Delaware Senate on Jan. 21 after floor debate and a roll-call vote.

Senator McNeese, the bill’s floor presenter, said the legislation “modernizes and strengthens Delaware's approach to sentencing policy” by placing the Commission administratively within the Criminal Justice Council, clarifying its mission, membership and responsibilities, and requiring the body to use evidence-based practices to reduce recidivism while maintaining public safety. “The Commission must regularly review sentencing guidelines, allow for public input and issue an annual report,” McNeese said.

Supporters framed the bill as an effort to provide transparency and data-driven oversight of sentencing policy. Senator Brown endorsed the measure, saying it creates “second chances for individuals” and connects people who are justice-involved to employment and family reunification.

Opponents raised fiscal and structural concerns. Senator Feagin asked whether striking the existing statutory structure would produce cost savings to offset the bill’s fiscal note; McNeese responded that the work was not currently funded and therefore the change would not produce offsetting savings. Several senators noted that the fiscal note assumed nine months of personnel costs for fiscal year 2026 while the Senate has only about five months remaining in the fiscal year, and they urged caution given current revenue uncertainty.

Senator McPhee said the existing sunset commission “is not working” and argued the redesign aims to ensure the work gets done; Senator Lawson replied that Representative Johnson’s intent was to improve the commission’s functioning rather than dismantle it.

After debate, the chamber conducted a roll-call vote. The Secretary recorded 14 yes, 6 no and 1 absent; the presiding officer declared SB 179 passed the Senate.

The bill’s text as read in the chamber states it amends Title 11 of the Delaware Code to address the Delaware Sentencing Guidelines and Accountability Commission and places the body administratively within the Criminal Justice Council. The record shows the Senate received the required majority vote and advanced the measure; any next steps (conference with the House, enrollment, or executive action) were not specified on the floor during this session.