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Delaware Code Title 10. Courts and Judicial Procedure § 7009. Eligibility for services for individuals released after convictions overturned

Current as of January 01, 2022 | Updated by FindLaw Staff

<Text of section effective June 30, 2025.>

(a) An individual released from incarceration as the result of the reversal, overturning, or vacation of a conviction(s) is eligible for and entitled to, and the State shall provide, all of the following:

(1) Emergency Assistance. -- An emergency assistance stipend under § 521 of Title 31, in the maximum amount set forth in that section, to be provided upon release from custody, or as soon thereafter as possible.

(2) Services. -- For a period of 2 years from the individual's release from custody:

a. Services, programs, and housing at community service centers.

b. General assistance pursuant to §§ 503 and 505 of Title 31, notwithstanding the eligibility requirements of those sections, and notwithstanding the eligibility requirements and exclusions of §§ 3019, 3020 of Title 16 of the Administrative Code.

c. Health and dental insurance coverage at no cost to the individual, including through Medicaid under §§ 503 and 505 of Title 31, the Delaware Health Insurance Marketplace under 42 U.S.C. § 18001 et seq., or other comparable health insurance products.

d. Food benefits in the maximum benefit amount for the Supplemental Nutrition Assistance Program (SNAP) for a household size of 1 pursuant to DE Admin. Code 9000 et seq., notwithstanding any otherwise applicable resource limits, income limits, and employment requirements.

(b) By October 24, 2025, the Department of Health and Social Services shall promulgate regulations sufficient to implement the provision of benefits under this section, including:

(1) Creation of an application form for benefits under this section.

(2) Designation of an individual or division to process application forms for benefits under this section that are received by the Department of Health and Social Services.

(3) Drafting of procedures and guidelines for making determinations on applications for benefits under this section within 14 days of receipt.

(4) Commencement of benefits under this section within 7 days of approval of each application.

(c) By October 24, 2025, the Department of Correction shall promulgate regulations to ensure that the Department of Health and Social Services receives identifying information for each individual who is released from incarceration based on the overturning, vacation, or reversal of the individual's conviction to ensure that the individual is provided with all of the following:

(1) An application form for benefits under this section.

(2) The emergency assistance stipend provided in paragraph (a)(1) of this section.

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Cite this article: FindLaw.com - Delaware Code Title 10. Courts and Judicial Procedure § 7009. Eligibility for services for individuals released after convictions overturned - last updated January 01, 2022 | https://codes.findlaw.com/de/title-10-courts-and-judicial-procedure/de-code-sect-10-7009/

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