(a) The Delaware Sentencing Accountability Commission (hereinafter referred to as the “Commission”) is hereby established. The Commission shall consist of 11 members, the body of which shall be comprised as follows:
(1) Four members of the judiciary appointed by the Chief Justice, 2 of whom shall be initially appointed for a 2-year term and 2 of whom shall be appointed to a 4-year term; provided, that each succeeding term for all 4 of such members shall be 4 years;
(2) The Attorney General or the Attorney General’s designee;
(3) The Chief Defender or the Chief Defender’s designee;
(4) The Commissioner of Corrections or the Commissioner of Corrections’ designee;
(5) Four other members-at-large, each of whom shall, by training or experience, possess a knowledge of Delaware sentencing practices, 2 to be appointed by the Governor, 1 by the President Pro Tempore of the Senate and 1 by the Speaker of the House. One of the members-at-large shall be appointed by the Governor for a 2-year term; the remaining members-at-large shall be appointed for 4-year terms; provided that each succeeding term following the initial term of all 4 members-at-large shall be 4 years.
The Chief Justice shall designate 1 of the members of the judiciary serving on the Commission to serve as Chairperson of the Commission.
(b) It shall be the overall purpose of this body to establish a system which emphasizes accountability of the offender to the criminal justice system and accountability of the criminal justice system to the public.
For purposes of this subchapter, the grouping of punishments consistent with the guidelines developed by the Commission shall be known as “accountability levels.”
(c) The Commission shall develop sentencing guidelines consistent with the overall goals of ensuring certainty and consistency of punishment commensurate with the seriousness of the offense and with due regard for resource availability and cost. In developing these guidelines, the Commission shall also consider the following additional goals in the priority in which they appear:
(1) Incapacitation of the violence-prone offender;
(2) Restoration of the victim as nearly as possible to the victim’s preoffense status; and
(3) Rehabilitation of the offender.
64 Del. Laws, c. 402, § 1; 80 Del. Laws, c. 26, § 3.
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