treated as a parolee. Thus, he is subject to a hearing before the Parole Board for alleged violations of the conditions of his release.
In fact, in State v. Clark, Del. Super., 1995 W.L. 44582, Cr.A. No. IN94-06-0544-0548, Barron, J. (January 5, 1995), Judge Barron succinctly explained how a person on conditional release is treated as a parolee. In the Clark case, Mr. Clark pled guilty to two counts of first degree murder for the May 22, 1994 killings of his adopted parents. In a lengthy opinion concluding that defendant Clark should be sentenced to death, Judge Barron reviewed the statutory and non-statutory aggravating circumstances of the murders. Included was the fact that Mr. Clark was on mandatory conditional release when he murdered his parents. At pages 27-28, Judge Barron stated as follows:
There is a technical difference between parole and conditional release. "Parole" means the release by the Parole Board of an offender from incarceration of his term, subject to the supervision and guidance of the Department of Correction. A person so placed is referred to as a parolee. See 11 Del. C. § 4302(11). "Conditional release" means the release of an offender from incarceration to the community by reason of diminution of the period of confinement through merit and good behavior credits. A person so released is referred to as a releasee. See 11 Del. C. § 4302(5). Yet, an
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