Opinion
ID No. 1008018341.
August 25, 2011.
Upon DOC's Unopposed Application for Emergency Sentence Reduction — GRANTED.
Philip Morgan, Warden IV, Department of Correction, Howard R. Young Correctional Institution, Wilmington, DE.
Stephen McDonald, Deputy Attorney General.
Aaron R. Goldstein, Deputy Attorney General, Joseph Hurley, Esquire.
Dear Warden Morgan:
The State has agreed with your emergency application to reduce Inmate Wiggins's mandatory, Level 5 supervision to Level 3, in light of his sudden, major illness. Although your application has not been submitted to the Board of Parole, as contemplated by 11Del.C. § 4217(d), it meets the "serious medical illness or infirmity" provision in 11 Del. C. § 4217(c), on its face. There appears to be no reason for the Board to disapprove.
Accordingly, in the interest of time, to spare unnecessary expense, and with the State's endorsement, the court will act on your direct application. In the unlikely event that Inmate Wiggins's health is restored, the State may seek to vacate the modified sentence that will issue through a separate, ASOP order.
Further, by copy of this letter to the Department of Correction's counsel, the court suggests promulgation of reasonable regulations concerning the form of an application in an extreme case, such as this one, consistent with 11 Del. C. § 4217 (d) (1). The court is acting summarily out of compassion here, but there should be a procedure for emergency applications in the future.