About DCJ
At the DCJ, we listen, we amplify, and we act to seek
justice for all Delawareans through advocacy and services.
We provide state-of-the-art, evidence-based programming to our clients, seeking justice for each individual as we seek justice for all.
Legislative Tracker
Nonconvictions Bill
TBD
Problem:
Nearly 9 out of 10 employers conduct a background check before making a hiring decision. These background checks include non-conviction records. Under current law, people serving terms of incarceration, probation, or parole are ineligible to apply for an expungement. This provision prevents people who are incarcerated, and on probation or parole, from expunging cases that have been terminated in their favor. These are cases where they were legally found innocent and if they were not serving terms of incarceration, probation, or parole, the case would be eligible for mandatory expungement.
Status:
Bill No.: TBD (official draft expected by Feb/March)
Key Community Partners:
ACLU-DE/Clean Slate DE/DOC
House Bill
Bill: House Bill 1
Summary:
This Act removes all penalties for use or possession of a personal use quantity of marijuana and marijuana accessories. It further specifies that the adult sharing of a personal use quantity or less of marijuana is legal activity for those 21 years of age or older and that those 21 or older may possess, use, display, purchase, or transport accessories and personal use quantities of marijuana without penalty. When transporting in a vehicle, those items must be in a closed container or otherwise not readily accessible to anyone inside the vehicle. The statute also specifies certain activities which remain unlawful. Finally, the definition of “personal use quantity” of marijuana is updated to include not only 1 ounce or less of leaf marijuana, but also equivalent amounts of marijuana product in other forms.Full Text of Bill
Notable News & Research:
“The Steep Costs of Criminal Justice Fees and Fines”
Status:
Senate Judicial Committee 5/31/19.
What happens next?
Awaiting consideration in Committee.
An act to amend titles 10 and 11 of the Delaware code relating to expungement.
Bill: HB 447
Summary:
This Act revises Delaware’s death penalty statute to ensure its compliance with the United States Constitution, as interpreted by the United State Supreme Court in Hurst v. Florida, and by the Delaware Supreme Court in Rauf v. State. Full Text of Bill
Notable News, Research & Resources:
“The State of Capital Punishment”
Status:
Introduced and Assigned to Judiciary Committee in House 3/12/20.
What Happens Next?
Awaiting Consideration in Committee.
According to the Death Penalty Information Center, 167 people have been exonerated from death row since 1973. This is only one disturbing statistic out of many when it comes to the death penalty. The Delaware Center for Justice strongly opposes the death penalty, and encourage you to contact your legislators and let them know how you feel about the death penalty.
Past Legislative Success
Restoring TANF Access
Bill: HB 11
Summary:
This Act removes the prohibition against receipt of Temporary Assistance for Needy Families (“TANF” also referred to by the name Aid for Families with Dependent Children or “AFDC”) funds by persons convicted of a drug felony, so long as that person is otherwise eligible or TANF assistance. Even though federal laws such as PRWORA passed during the War on Drugs frequently prohibited access to public assistance for persons with drug felonies, these laws also gave states flexibility in determining eligibility for food aid and cash assistance for families with children when applicants had a criminal conviction. The majority of states have limited the federal bans in whole or in part. In 2011, Delaware opted out of restrictions on food aid, but it has not opted out of or limited federal restrictions on TANF—the cash assistance program that is the principal form of assistance available to most families in poverty to pay for things like electricity bills or school supplies. Under existing law, individuals convicted of any state or federal drug felony, including possession of marijuana (which can be a felony under federal law), are ineligible for TANF for life. Although the children of a parent convicted of a drug crime can still receive assistance, the family’s overall award is significantly reduced, and in practice this affects the well-being of families and children. Full text can be found here.
Notable News & Research:
A Lifetime of Punishment: The Impact of the Felony Drug Ban on Welfare Benefits – The Sentencing Project, 2015
Status: On 5/2/17, HB 11 passed the Senate.
What happens next?: HB 11 has gone to Governor Carney’s desk.
DCJ believes that families should be able to move forward, past a parent or sibling’s previous indiscretions. We fully support the legislative effort to remove this restriction.
Extreme Crimes Prevention Act
Bill: HB 125 (Extreme Crimes Prevention Act)
Summary:
This bill would restore a prosecutor’s ability to seek the death penalty in Delaware by requiring a jury to unanimously “and beyond a reasonable doubt” find one or more aggravating circumstances that make the offense eligible for capital punishment.
Full Text can be found here
Notable News, Research & Resources:
Delaware Citizens Opposed to the Death Penalty
Delaware Repeal
Status: HB 125 has made it out of the House Judiciary Committee.
What happens next?
Awaiting consideration in Committee.
The Delaware Center for Justice is a staunch advocate against the death penalty. Specifically, we believe it is racially biased and arbitrarily applied. Our current system of justice is imperfect, which puts innocent lives at risk. The death penalty is also extremely costly to the taxpayers. Simply put, the death penalty is the wrong public policy choice for Delaware.
Pretrial Modernization
Bill: HB204
Summary:
This bill seeks to protect both public safety and defendants’ rights by seeking to improve pretrial decisions and outcomes while avoiding the unnecessary detention of people who do not pose a risk to public safety. The bill empowers those tasked with supervising individuals with the tools they need to monitor them properly while released- tools currently lacking under our existing system. Full text can be found here.
Notable News, Research & Resources:
“Fear mongering should not prevent pretrial reform in Delaware”
UUDAN presentation
Status:
Signed on 1/25/18
What Happens Next?
Becomes effective upon date of signature of the Governor or upon date specified.
The Delaware Center for Justice supports the implementation of a validated risk assessment tool to assess the risk a defendant poses to the community. Additionally, DCJ supports the elimination of cash bail in favor of a risk-based bail system, which requires an expansion of Delaware’s pretrial supervision capacity.
Expanding Access to Juvenile Expungements
Bill: SB 54
Summary:
Senate Bill 54 will help individuals (kids and adults) with juvenile records that have matured and moved beyond any youthful indiscretions. This bill will give them the chance to petition the Court to review the facts of the case, their individual circumstances, as well as any opposing arguments from prosecutors and/or victims, and decide whether or not their record causes a manifest injustice and should be expunged. Senate Bill 54 accomplishes this by:
1) Eliminating the prohibition against even being able to petition Family Court for a discretionary expungement for certain adjudications (Robbery 1st, Burglary 1st, or Home Invasion).
2) Streamlining and expanding the net of people with juvenile records who can petition the court for a discretionary expungement.
Full Text can be found here.
Status: Signed on 6/20/17.
What Happens Next?
Becomes effective upon date of signature of the Governor or upon date specified.
Justice for All Delawareans
In this extraordinary moment, our nation is unified in a loud and sustained call for justice. Not justice postponed, as it has always been for Black, Indigenous, and People of Color in America, nor justice for some, but fully and finally justice for all. We are also calling for the dismantling of the mechanisms of white supremacy that have prevented justice on this continent for over four centuries.
In Delaware, we have yet to achieve an unbiased, equitable, and transformative vision of justice. The effects of slavery, Jim Crow, poverty, and discrimination are embedded in our state’s institutions and disproportionately impact those most vulnerable to structural injustice to this day. As recently as 2019, Black Delawareans accounted for 60% of the state’s prison population, while representing less than a quarter of its population overall.
In this environment, justice cannot exist.
There’s reason to hope, however. Since the murder of George Floyd, we’ve seen monuments to white supremacy toppled; we’ve witnessed the Supreme Court uphold the rights of LGBTQ+ people and dreamers; and right here in Delaware we’ve seen the beginning of much-needed policing reform.
Building on this momentum, our new mission is simple but direct: we listen, we amplify, and we act to seek justice for all Delawareans through advocacy and services.
LISTEN.
AMPLIFY.
ACT.
our programs
DCJ is unique among nonprofits in that we operate in both the advocacy and service spaces. Our policy and education work informs—and is informed by—our direct service programs.
We offer a variety of different programs for adults, including services for victims, reintegration, restoration, and more. Additionally, we offer three different programs for youth, supporting both victims and perpetrators of crime. While DCJ works for collective justice, our programs work for individual justice.
our work
Our primary role in Delaware is to offer a safe, compassionate, and non-judgmental environment that encourages and supports the vulnerability of our clients. Additionally, our public education, research, and advocacy initiatives involve engaging the public and policymakers in reasoned discussions of leagl issues to improve the quality of justice in Delaware. Our reformative and legislative work focuses on juvenile justice, pretrial reform, decarceration and sentencing reform, and the collateral consequences of conviction.
Resources
Unfortunately, we cannot accept walk-in clients, but please browse through the wealth of resources on our website. Call us at 302-658-7174 if you would like to be referred to one of our programs.
Donate
Your support will activate a bold vision of justice for Delawareans. While DCJ is thankful for state contracts and grants to sustain our client services, we also rely on donations to support our policy and advocacy work. Your generosity will help to expand our programs and move us closer to achieving justice for all.
Events Calendar
HUD Publishes Final Rule on Removing Criminal Conviction Restrictions for Fair Housing Testers
National Fair Housing Training Academy
HUD published its final rule, Expanding the Fair Housing Testing Pool for FHIP and FHAP Funded Entities, to remove criminal conviction restrictions for fair housing testers.
Second Chance Day: “It gives you a sense of hope”
Deja Parker
GEORGETOWN, Del. – Probation and parole along with community organizations are making sure a second chance is within reach, by providing recently incarcerated individuals with the necessary resources.
DCJ Board Member Dr. Chanda Jackson-Short added to Dover Police Chief’s Advisory Committee
Craig Anderson
DOVER — On Monday, the Dover Police Department announced the nine-member Police Chief’s Advisory Committee designed to enhance law enforcement’s relationship with the community.
Delaware Center for Justice to host group therapy program for healing racial trauma
Kelli Steele
The Delaware Center for Justice in Wilmington is preparing to host a six-week group therapy program for healing racial trauma.
Delaware Center for Justice announces new executive director
Delaware News Desk
The Delaware Center for Justice announced Nov. 20 that David Bever was named the new executive director of the organization.
dcj in the news
Get Involved
Please consider getting involved in this critical work. We have full-time, intern, and volunteer positions available and would love to hear from anyone who is passionate about seeing real change for those affected by the legal system in Delaware.