Matthew Albright

The News Journal

The state Senate has passed a bill that would scale back mandatory minimum sentences for habitual offenders.

The bill passed 14-6, with support from some Republicans.

The legislation would reduce some, but not all, mandatory sentences for repeat offenders.

The Delaware Senate has passed a bill that would scale back mandatory minimum sentences for habitual offenders – enforced under what's known as "three-strikes laws" – but only after a sharp-elbowed debate.

The legislation would reduce some, but not all, mandatory sentences for repeat offenders and would allow for a review process for those who are currently imprisoned on such sentences, with the possibility of having the sentences reduced.

Sen. Karen Peterson, D-Stanton, said the changes are aimed at reversing "tough on crime" policies that have led Delaware and the U.S. to incarcerate far more people for far longer than other developed countries, ruining lives and burdening state government with heavy costs.

The policy gives prosecutors the ability to increase the severity of sentences – sometimes to life in prison – when a person is convicted of a third serious crime.

Three-strikes laws "have done little to reduce crime or make our communities safer," Peterson said during a debate on the proposal Thursday. "The only people we're getting tough on are the taxpayers."

Sen. Colin Bonini, R-Dover South, strenuously objected, arguing the changes would let "hardened criminals" back on the streets.

"Reducing the number of folks in prison is not a legitimate public policy goal. The legitimate public policy goal is reducing crime and making everybody safer," Bonini said. "I think this is going to harm people. I think we're going to let out people who are going to harm people."

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A back-and-forth discussion between Peterson and Bonini briefly turned ugly when Peterson mentioned Bonini was running for governor.

Bonini loudly and repeatedly attempted to stop Peterson's remarks after she said that, but Peterson talked over him. As Bonini said, "I try to respect people in this chamber," Peterson interrupted him mid-sentence with "Oh, please."

After the debate, Bonini referred to Peterson as "queen of the cheap shot," though he quickly said he still respects her.

Sen. Dave Lawson, R-Marydel, also assailed the bill.

"The more times they get released, the more emboldened they become," Lawson said.

Delaware's habitual offender law requires life sentences for three-time violent felons no matter what the felonies were and requires that a person who committed three nonviolent felonies and then a violent felony be sentenced to the maximum allowed for the violent felony.

The policy also was the topic of discussion in December by the Access to Justice Commission, a panel created by Delaware Supreme Court Chief Justice Leo E. Strine Jr. to examine criminal justice reform.

The bill Thursday eventually passed 14-6 and now heads to the House. Some Republicans voted for the legislation, while one Democrat, Bruce Ennis of Symrna, voted against it.

Attorney General Matt Denn supports the bill and helped craft it. Former Attorney General Beau Biden had opposed Peterson's previous attempts to scale back three-strikes laws.

"What this attorney general has seen ... is there can be injustice in a one-size-fits-all approach," Deputy Attorney General Kathleen Jennings said.

After the vote, Gov. Jack Markell praised the Senate and urged the House to follow suit.

“As mentioned in today's legislative debate, we currently have someone serving a mandatory life sentence whose final crime was a drug offense for delivering baking soda,” Markell said. “It's time that we provide judges with more discretion to sentence offenders on a case-by-case basis so that we can focus our limited resources on keeping dangerous offenders off the streets."

Contact Matthew Albright at malbright@delawareonline.com, (302) 324-2428 or on Twitter @TNJ_malbright.