- 3 Democrats, 2 Republicans
- State SC has “bare majority” provision, but all appt’d by dem governors
- DEL. CONST. art I, § 11 (“Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted; and in the construction of jails a proper regard shall be had to the health of prisoners.”) (some interesting provisions here, but caselaw is not great)
- SUBSTANTIAL LIMITS PER SETTLEMENT (MOSTLY MENTAL HEALTH): CLASI v. Coupe: will effectively end the solitary confinement of individuals with mental illness in Delaware. The settlement agreement details three main areas of improvement – overall mental health care for inmates, liberalized conditions of confinement, and reducing the number of days inmates can be held in solitary confinement for disciplinary reasons. Many of the terms of the agreement positively impact all inmates being held in solitary confinement, not just those inmates suffering from mental illness.
- https://www.aclu-de.org/en/press-releases/solitary-confinement-ended-we-know-it-delaware
- DEL. CODE ANN. tit. 10, §§ 8804, 8805 (Michie 1999)