Delaware Agencies, Service Providers, & Assistance
The Delaware Board of Parole has absolute authority to grant parole to eligible adult prison offenders whose crimes were committed prior to June 30, 1990. According to statute, a parole may be granted only when, in the opinion of the Board, parole supervision would be in the best interest of society and an aid to rehabilitation of the offender as a law-abiding citizen. The Board also has statutory authority to recommend commutation of sentence to the Board of Pardons and modification of sentence to the Courts.
The Board of Pardons' role is to hear petitions during public meetings for pardons, sentence commutations, and expungements. The Board of Pardons' rules for applying, hearings, mental health evaluations, etc. are available online at https://pardons.delaware.gov/rules/ and in a downloadable PDF.
During each hearing, the Board deliberates to decide whether each pardon or commutation is denied or is recommended to be submitted to the Governor for further consideration. The Governor cannot grant a pardon or commutation in the absence of a recommendation from the Board. However, the Governor is not bound to accept the recommendation of the Board, but exercises an independent judgment in all cases.
Applications are processed on a first come, first served basis. Application forms must be downloaded from this website, as packets will no longer be mailed out. Each application must be filled in online (not handwritten) and then printed for submission. If an application is submitted in a different format, it will be returned to the applicant for submission on the new application form.
Sources for Delaware Data
The Delaware Criminal Justice Council is an independent body within the executive branch of Delaware charged with facilitating and overseeing collaborative criminal justice system efforts. The Criminal Justice Council publishes data and reports as well as educational information, such as the "Mandatory Statewide Death in Custody Reporting and Training" materials. They also have many Commissions and Committees and public meetings.
According to the Delaware Statistical Analysis Center's (2023) "Recidivism in Delaware: An Analysis of Offenders Released in 2017-2019" report:
"For the rearrest and recommitment measures, there is generally an inverse relationship between age and recidivism—recidivism generally decreases as age increases..." (SAC 2023: 17)
"For the rearrest measure, recidivists tended to be younger compared to the overall cohort. In particular, individuals aged 20 to 34 comprised 55.9% of those rearrested, compared to 48.2% in the full cohort." (SAC 2023: 18)
The Department of Correction Planning, Research & Reentry Unit in the Office of the Commissioner handles all data and research requests for DOC.
In addition to data in DOC annual reports, the public can access data through the Delaware Open Data Portal, an online public database administered by the Open Data Council that DOC contributes data.
According to DOC's website:
"Monthly inmate and probationer population reports furnished by DOC are available in the Public Safety section of the Portal. Users accessing the Inmate Population dataset on the Open Data Portal can search for aggregate numbers of offenders by year, month, county, type of institution, name of institution, sentence type, gender, and ethnicity. End of the month population totals are uploaded into the Portal on an ongoing basis. In accordance with State law, personal identifying information of offenders is not furnished to the public. The database platform, hosted by Socrata, allows viewers to not only view quantitative summaries, but also to create data visualizations such as charts and graphs to analyze trends or make comparisons." (Delaware DOC, Research & Statistics)
Whether or not you have the right to vote, you have the right to express your concerns, hopes, and policy suggestions to your representatives. You can also contact them and their staff to ASK FOR HELP; although they may not have resources on hand to help, they are often aware of resources and can inquire into issues on constituents' behalf.
Research and Advocacy Resources and Training
The Prison Policy Initiative provides reports on prison statistics and guidance on how to access data:
When seeking data on the commutation process in your state, the first step will be to check whether the information is already available on a state government website, such as the website of a state Board of Pardons.
However, few of the states in our survey posted data about their commutation processes online... So more likely than not, you will need to submit a public records request. In order to effectively craft the request, you should first determine the answers to several questions:
First, how does the commutation process work in your state? To understand this, you’ll want to examine what agencies and actors are involved in your state’s clemency process and ask yourself:
Does a board or agency receive applications and make any unilateral decisions (such as to close applications, hold hearings, or recommend applicants for clemency)?
Does the governor hold the power to grant or deny commutation applications independently, or only on a recommendation from a specified board or agency?
Does someone other than the governor have the power to grant commutation applications?
Answering these questions will help you determine who is likely to hold the answers to each of your questions. This will allow you to determine where to send records requests, and whether you’re going to have to send requests to multiple agencies or offices.
Second, what do you want to know? For example, are you trying to understand:
What happens from the point an application is submitted until a final determination is made?
How many people are applying for commutation?
Where are applications getting stopped in the process?
How many applications are automatically closed?
What percentage of applications are granted?
Are there are common characteristics (i.e., age, sex, race, crime of conviction) shared by people whose commutation applications are — or are not — successful?
The average time it takes, after an application is submitted, until a final determination is made?
Once you know how the commutation process works in your state and have decided what questions you want answered, you’ll have to decide how many years worth of data you want.
While the exact questions asked in a records request will vary by state and need to be adjusted based on the questions you are seeking to answer, your request might potentially ask for data that provides, or information that would allow you to determine:
From [year] to present, by month and year, the number of:
requests for commutation of sentence;
requests for commutation of sentence that were administratively closed;
requests for commutation of sentence that were withdrawn;
requests for commutation of sentence that were denied a hearing;
requests for commutation of sentence that received a hearing and were denied;
requests for commutation that received a hearing and a positive recommendation that a commutation be granted; and
commutations granted.
If no commutations have been granted since [year], the most recent date of the last commutation granted.
For each of the requests above, demographic data (gender, race, age), as well as the category of offense for which the person requesting a commutation was convicted.
Recommended Reading
Prison Reentry Support Service Organizations