By Joe Rogalsky,
Delaware State News
DOVER - The state Senate unanimously passed a bill Wednesday to erase a Supreme Court decision that would make nearly 200 inmates serving life sentences eligible for release.
House Bill 31 now goes to Gov. Ruth Ann Minner, who said her legal team is reviewing the measure and did not commit to signing the legislation into law.
The House of Representatives unanimously approved the measure Tuesday.
The measure renders null and void the high court's decision in the case of Ward T. Evans, an inmate who was convicted Sept. 29, 1982, of first-degree rape and sentenced to life in prison with the possibility of parole.
The Supreme Court ruled on the case in November, saying that Evans sentence, as applied by the Department of Correction, was illegal because it did not provide a conditional release date.
The court said that in its interpretation of the Delaware Code, an inmate serving a life sentence with the possibility of parole for a crime committed before June 30, 1990, should have a conditional release calculated as if the life sentence were a 45-year term.
Attorney General M. Jane Brady estimated this week that as many as 200 inmates thought to be serving life terms could be released under the decision and about 10 of those inmates could be let go soon.
"This bill expresses our concern that the Supreme Court possibly erred," said Sen. James T. Vaughn, D-Clayton, the bill's lead Senate sponsor.
"The prisoners are all serious offenders - sex offenders, murderers, rapists and kidnappers. It is almost inconceivable to me, given the nature of the crimes, that the court could reach this conclusion."
The measure, however, raises constitutional questions.
Lawyers have said the bill could violate the state and federal constitution's separation of powers clause, which states each of three branches of government have equal power.
It also raises questions under the U.S. Supreme Court's decision in Marbury vs. Madison, which says that courts have the power to review legislation and decide its legality.
Other bills responding to the state Supreme Court's decision could be coming.
"This is not the end of the action," Sen. Vaughn said, "but this is something that has to be deeply looked at until we get a better solution."
Gov. Minner said her legal team is reviewing the bill but also examining other steps that can be taken.
She said she hopes to make a decision on the bill "as soon as we can."
"The key is not just to pass a bill or sign a bill," Gov. Minner said.
"The key is to solve the problems. That's what we are looking at."
Joseph C. Schoell, the governor's legal counsel, estimated it could take "a couple days" for him to review HB 31 and give advice to Gov. Minner on the proposal's constitutionality.
"I think everybody who has talked about this bill has said there are potential constitutional problems," he said.
"There might be other measures that could be taken that would be less likely to have these problems, but we are still looking."
Mr. Schoell said he saw the bill for the first time Tuesday when it was introduced in the House and has not had time to review it. He regularly reviews legislation before Gov. Minner signs it into law.
"We study every bill before we send it to the governor," Mr. Schoell said.
"We will certainly do that this time."
Even supporters acknowledged Wednesday that the bill could fail constitutional tests.
Sen. Steven H. Amick, R-Newark, the lone attorney serving in the Senate, said he "absolutely" had concerns about the bill's constitutionality, but said the measure needs to be passed to protect the public.
"I have not yet heard from an attorney that it would withstand constitutional scrutiny, but that does not mean I am not concerned about this situation," he said.
Ms. Brady said Tuesday that some inmates convicted and sentenced for first-degree murder before the mid-1970s received what were known as "discretionary life sentences,"' which meant in effect that they could be eligible for parole after serving a prescribed period of incarceration, less good-time credits.
After the mid-'70s, Ms. Brady said, the law was changed so that no person convicted of first-degree murder could look forward to parole, resulting in what is now called "life in prison without possibility of parole."
Ms. Brady also said her office and the Department of Correction are working to release names and photos of inmates who may qualify for release as soon as possible. She said she suggested DOC publish a full listing even if all details haven't been worked out as to who will be released and when.
"I told them the worst thing they could do would be to be wrong," Ms. Brady said.
"I think the list is imminent. They're trying to get it out."
DOC spokeswoman Elizabeth Welch said no inmates or list of names would be released Wednesday because DOC is still working on details that need to be ironed out.
Possible releases
More than 200 offenders serving life sentences with the possibility of parole could be released from prison under a state Supreme Court ruling. Among those who could be released include:
l 25 convicted of first-degree murder
l 24 convicted of second-degree murder
l 67 convicted of rape
l 35 convicted of unlawful sexual intercourse
l 20 convicted of kidnapping
l 14 habitual offenders
Source: Department of Correction
Staff writer Tom Eldred contributed to this article.
Staff writer Joe Rogalsky can be reached at 741-8226 or jrogalsky@newszap.com.
Reprinted with permission from newszap.com www.newszap.com
