Smart Justice in Delaware means reducing the size of our prison population so that more resources can be devoted to high-quality programs that build communities and reduce the footprint of mass incarceration.
Our aim is to educate the public about the staggering number of Delaware residents who have been adversely affected by the justice system and how that system disproportionately impacts people of color. Through public education, grassroots organizing, and legislative advocacy, we will challenge the system and create change for individuals, families, and communities.
Our Priorities
Probation Reform
The current approach to probation focuses on surveillance and punishment rather than helping people successfully reenter society. Individuals returning home after incarceration struggle to find housing, transportation, medical care, and employment at a liveable wage. On top of this, many face mental health and substance addiction challenges. The probation system and its myriad of reporting requirements, meetings, costs for treatment, curfews, and surveillance are insurmountable hurdles for too many.
Our 2020 report on Delaware's broken probation system spurred the development and introduction of what is now Senate Substitute 2 for Senate Bill 4, sponsored by Senator Marie Pinkney, to assess people’s needs and provide support as they navigate the reentry process. The bill will:
- Restrict the use of incarceration for technical violations of probation and limit the maximum length of incarceration that may be imposed.
- The commission of a new crime, absconding, violation of a no contact order, and possession of a deadly weapon without approval of a probation officer are all non-technical violations that can be subject to incarceration.
- Tailor the probation conditions to consider the specific risks, circumstances, and resources of the individual.
- Prohibit sanctions to be imposed for conduct that was not willful. This includes an inability to meet probation requirements due to lack of financial resources, medical conditions or disability, or other factors beyond the individual’s control.
Our wins
When we started the Delaware Campaign for Smart Justice in 2018, we set an ambitious, multi-faceted goal of ending mass incarceration and challenging racial disparities in our justice system. Since then, our work under the Smart Justice umbrella has helped to accomplish historic reforms for our state’s justice system.
In 2018, the General Assembly passed a major juvenile expungement bill, giving Delaware Family Court the option to immediately expunge a felony arrest record if a child is found not delinquent or the charge is dismissed, eliminating the need for a separate application and proceeding.
In 2019, the General Assembly passed another important expungement bill expanding access to second chances for adult Delawareans by creating adult expungement opportunities for most misdemeanors and felonies after a 3-7 year waiting period (depending on the underlying crime) without another conviction.
2021 was a big year for justice reform, with five bills passed that tackle Smart Justice issues:
- SB 111, which automates the mandatory expungement process to make record clearance more accessible for people seeking a second chance;
- SB 112, which expands the list of cases that are eligible for mandatory expungement;
- SB 147, which made it clear that use of force must be justified by what a reasonable person would have believed, rather than what the officer in question believed;
- SB 148, which expanded the Attorney General’s ability to investigate non-lethal use of force incidents and requires that race data is tracked and reported in use of force incidents; and
- HB 195, which created a requirement that certain police officers and other employees of the Department of Correction use body-worn cameras to record interactions with members of the public.
Get Involved
Coalition for Smart Justice
The Coalition for Smart Justice is a statewide group of organizations and individuals who advocate for a criminal justice system that fosters public safety by reducing mass incarceration, recidivism, and racial disparities. Through legislative reform, public education, community organizing, and grassroots advocacy, the coalition challenges policymakers to create change that will have a significant positive impact on individuals, families, and communities.
Learn more about the Coalition
Smart Justice Ambassador Program
Historically, communities that are most deeply impacted by Delaware's legal system have the least access to the resources, training, and support needed to help change the legal system. In 2021, the Campaign for Smart Justice launched a Smart Justice Ambassador program to recruit, train, and empower Delawareans who have been impacted by those systems, enabling them to make changes for the better. Participants complete an extensive paid training to better understand and navigate avenues for change, and to grow the skills necessary to become community advocates on Smart Justice issues such as policing, sentencing, prison, reentry, probation, expungement, and more.
Smart Justice Ambassador program
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