Chapter 65

§ 6501 Establishment. There is established a Department of Correction. Said Department shall be a continuation of and successor to the State Board of Corrections existing prior to July 8, 1964. 11 Del. C. 1953, §  6504; 54 Del. Laws, c. 349, §  1 ; § 6502 Purposes and construction; custody of inmates. (a) A Department of Correction is established to provide for the treatment, rehabilitation and restoration of offenders as useful, law-abiding citizens within the community. To achieve these purposes more effectively in a coordinated and united manner, the Department shall be completely responsible for the maintenance, supervision and administration of adult detention and correctional services and facilities of the State, which include institutional facilities and probation and parole services. These institutions and services shall be diversified in program, construction and staff to provide effectively and efficiently for the maximum study, care, custody, training and supervision and treatment of those persons committed to the institutional facilities or on probation or parole, so that they may be prepared for release, aftercare, discharge or supervision in the community. This chapter shall be liberally construed so as to effectuate its purposes. (b) The Department shall accept custody of all persons committed to it by courts of competent jurisdiction. Persons committed to the custody of the Department shall not be released from custody except in accordance with this title or by order of a court of competent jurisdiction. (c) Nothing in this title shall be construed to require the release of persons committed to the custody of the Department, nor shall anything in this title be construed as a limitation on the inmate population at any of the facilities maintained by the Department. Nothing in any regulation promulgated by the Department shall be construed as a limitation on the inmate population at any of the facilities maintained by the Department. (d) In the event that: (1) The number of persons housed by the Department at any of its facilities exceeds the design capacity of that facility; and (2) because the inmate population at that facility exceeds the design capacity of that facility the Department is unable to provide conditions of confinement as may otherwise be required by this title or by the regulations promulgated by the Department, then the Department shall not be required to provide said conditions of confinement to the extent it is unable to do so because of the inmate population at that facility. The Commissioner shall determine the design capacity of each of the facilities maintained by the Department. (e) For purposes of this section, the term “inmate population” shall include both convicted and pretrial detentioners. 11 Del. C. 1953, §  6501; 54 Del. Laws, c. 349, §  1 ; 62 Del. Laws, c. 61, §§  1, 2 ; § 6503 Definitions [Effective until Feb. 1, 2028]. As used in this chapter: (1) “Commissioner” or “Commissioner of Correction” means the Commissioner of the Department of Correction. (2) “Department” means the Department of Correction. References in other statutes to the State Board of Corrections or Board of Trustees or workhouse or jail shall be deemed to mean the Department. (3) “Detention facility” means any facility in which persons are incarcerated or otherwise involuntarily confined for purposes of execution of a punitive sentence imposed by a court or detention pending a trial, hearing, or other judicial or administrative proceeding. (4) “Law” includes the laws and ordinances of this State, political subdivisions and municipalities thereof. (5) “Nonsecure residential detention setting” means a facility that does not have locked doors, locked perimeter fencing, bars, razor wire, or other physical barriers intended to prevent exit from the premises and that limits the use of physical restraints to emergency situations. (6) “Offender” includes any person convicted of a crime or offense as defined in § 101 of this title or the ordinances of any incorporated municipality of this State, including a person committed for civil or criminal contempt, except, a. A person not yet 18 years old when adjudged by a Family or Juvenile Court of this State except when committed to the Department in accordance with law, and b. A person who has been determined to be mentally ill or criminally inclined and has been committed to another appropriate authority. (7) “Private detention facility” means a detention facility that is operated by a private, nongovernmental, for-profit entity and operating pursuant to a contract or agreement with a governmental entity. A private detention facility does not include: a. Any facility providing rehabilitative, counseling, treatment, mental health, educational, or medical services to a juvenile that is under the jurisdiction of the Family Court pursuant to Chapter 9 of Title 10. b. Any facility providing evaluation or treatment services to a person who is detained or subject to an order of commitment by a court, pursuant to Chapter 50 of Title 16. c. Any facility providing educational, vocational, medical, or other ancillary services to an inmate in the custody of, and under the direct supervision of, the Department of Correction or other law-enforcement agency. d. A residential treatment facility licensed pursuant to Chapter 22 of Title 16. e. Any school facility used for the disciplinary detention of a pupil. f. Any facility used for the quarantine or isolation of persons for public health reasons pursuant to § 3136 of Title 20. g. A facility contracted by the Department of Services for Children, Youth and Their Families to provide services in a nonsecure residential detention setting for a juvenile who is under the jurisdiction of the Family Court pursuant to Chapter 9 of Title 10. 11 Del. C. 1953, §  6502; 54 Del. Laws, c. 349, §  1 ; 57 Del. Laws, c. 591, §  47 ; 58 Del. Laws, c. 172, §  2 ; 60 Del. Laws, c. 251, §§  11-13 ; 64 Del. Laws, c. 108, §  15 ; 78 Del. Laws, c. 305, §  2 ; 85 Del. Laws, c. 258, § 1 ; § 6503 Definitions [Effective Feb. 1, 2028]. As used in this chapter: (1) “Commissioner” or “Commissioner of Correction” means the Commissioner of the Department of Correction. (2) “Department” means the Department of Correction. References in other statutes to the State Board of Corrections or Board of Trustees or workhouse or jail shall be deemed to mean the Department. (3) “Detention facility” means any facility in which persons are incarcerated or otherwise involuntarily confined for purposes of execution of a punitive sentence imposed by a court or detention pending a trial, hearing, or other judicial or administrative proceeding. (4) “Law” includes the laws and ordinances of this State, political subdivisions and municipalities thereof. (5) “Offender” includes any person convicted of a crime or offense as defined in § 101 of this title or the ordinances of any incorporated municipality of this State, including a person committed for civil or criminal contempt, except, a. A person not yet 18 years old when adjudged by a Family or Juvenile Court of this State except when committed to the Department in accordance with law, and b. A person who has been determined to be mentally ill or criminally inclined and has been committed to another appropriate authority. (6) “Offender” includes any person convicted of a crime or offense as defined in § 101 of this title or the ordinances of any incorporated municipality of this State, including a person committed for civil or criminal contempt, except, a. A person not yet 18 years old when adjudged by a Family or Juvenile Court of this State except when committed to the Department in accordance with law, and b. A person who has been determined to be mentally ill or criminally inclined and has been committed to another appropriate authority. (7) “Private detention facility” means a detention facility that is operated by a private, nongovernmental, for-profit entity and operating pursuant to a contract or agreement with a governmental entity. A private detention facility does not include: a. Any facility providing rehabilitative, counseling, treatment, mental health, educational, or medical services to a juvenile that is under the jurisdiction of the Family Court pursuant to Chapter 9 of Title 10. b. Any facility providing evaluation or treatment services to a person who is detained or subject to an order of commitment by a court, pursuant to Chapter 50 of Title 16. c. Any facility providing educational, vocational, medical, or other ancillary services to an inmate in the custody of, and under the direct supervision of, the Department of Correction or other law-enforcement agency. d. A residential treatment facility licensed pursuant to Chapter 22 of Title 16. e. Any school facility used for the disciplinary detention of a pupil. f. Any facility used for the quarantine or isolation of persons for public health reasons pursuant to § 3136 of Title 20. g. [Repealed.] 11 Del. C. 1953, §  6502; 54 Del. Laws, c. 349, §  1 ; 57 Del. Laws, c. 591, §  47 ; 58 Del. Laws, c. 172, §  2 ; 60 Del. Laws, c. 251, §§  11-13 ; 64 Del. Laws, c. 108, §  15 ; 78 Del. Laws, c. 305, §  2 ; 85 Del. Laws, c. 258, § 1 ; 85 Del. Laws, c. 258, § 3 ; § 6504 General powers and duties of the Department. The Department, subject only to powers vested in the judicial and certain executive departments and officers of the State, shall have the duties set forth in this chapter and the exclusive jurisdiction over the care, charge, custody, control, management, administration and supervision of: (1) All offenders and persons under the custody of the Department; (2) All institutions for the custody, correction and rehabilitation of persons committed to its care; (3) Such other facilities as may be established by the Department for the safekeeping, correction or rehabilitation of offenders and persons; (4) Probation services for courts having jurisdiction of offenders; (5) Parole services for persons within the institutions and facilities of the Department or on parole; (6) Furnishing the Board of Parole adequate office facilities and supplies to properly perform its duties; (7) Providing consultation services and establishing standards on the design and construction of buildings, programs, administration of detention, jail or other facilities, operated by any county or municipality, and to provide a course of training for the personnel of same and establish standards for the same, with annual inspections, publishing the results of such inspections, as well as statistical and other data on persons held in the same; (8) Operating classification committees, diagnostic and treatment programs and such other programs as may be desirable to fulfill the purposes of this chapter; (9) Employing such officers, employees and agents and securing offices and quarters as deemed necessary to discharge the functions of the Department; (10) Receiving all offenders committed to the Department; (11) Executing the orders of the court as to sentences of corporal and capital punishment; (12) Selling the products of its institutions and farms to other institutions supported in all or part by taxes levied within the State, prices to be set as provided by rules of the Department. All funds received from such sales shall be deposited in the General Fund. In the event that there is a surplus of the products of the Department’s institutions and farms which cannot be sold to the other institutions supported in whole or part by taxes levied within the State, the Department may sell such surplus products on the open market. All funds received from such sales shall be deposited in the General Fund; (13) To agree with the proper authorities of the United States for payment to the General Fund of the State of such sums as shall be fixed by the Department for the maintenance and support of offenders committed to the Department by authority of the United States. (14) [Repealed.] 11 Del. C. 1953, §  6505; 54 Del. Laws, c. 349, §  1 ; 64 Del. Laws, c. 108, §  15 ; 66 Del. Laws, c. 233, §  1 ; 68 Del. Laws, c. 289, §  1 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 27, §  6 ; 78 Del. Laws, c. 305, §  2 ; 83 Del. Laws, c. 441, § 9 ; § 6505 Powers of the Board [Repealed]. 11 Del. C. 1953, §  6513; 54 Del. Laws, c. 349, §  1 ; repealed by 78 Del. Laws, c. 305, § 7, eff. July 5, 2012. ; § 6506 Employment of personnel. (a) The Department shall be the hiring agency for all correctional officers and other persons employed by the Department. Any applicant for employment by the Department shall take such physical, mental, and intelligence or other tests as the Department shall prescribe, and shall provide the Department with such information as it may need for its employment decisions. (b) Prior to making an employment decision on an applicant for employment by the Department, the Department shall obtain the applicant’s entire criminal history record from both the State and the Federal Bureau of Investigation. Prior to employing the applicant, the Department shall complete and review the results of a computerized name search of the National Crime Information Center (NCIC) and the Criminal Justice Information System (CJIS) maintained by the Delaware Criminal Justice Information System (DELJIS) to determine if the applicant has any criminal history record information. Based on the results of the computerized name searches for criminal history records, the Department shall not employ any individual who has ever been convicted of a felony offense in this or any other state or jurisdiction, or who has ever been convicted of an offense in another state or jurisdiction that would be a felony offense in the State of Delaware. Prior to employing the applicant, the Department also shall initiate a background search using any state or federal automated fingerprint identification system. Upon receiving the results of fingerprint-based searches for background information, the Department shall immediately terminate the employment of any individual employed by the Department who has ever been convicted of a felony offense in this or any other state or jurisdiction, or who has ever been convicted of an offense in another state or jurisdiction that would be a felony offense in the State of Delaware. (c) Notwithstanding the above prohibition on employment and the provisions of § 8914 of Title 29, the Department may, upon an individual’s release from a Level 4 or Level 5 vocational program, employ on a casual/seasonal basis an ex-offender disqualified from employment pursuant to subsection (b) of this section, above, demonstrating exceptional job skills (as determined by the Department in its sole discretion) in certain qualified positions for a period of time not to exceed 6 months. The Department may not employ an ex-offender disqualified from employment pursuant to subsection (b) of this section, above, unless the Department has adopted policies and procedures governing the terms and conditions of employment for such individuals, identifying the qualified positions available to such individuals and setting forth the selection criteria and job qualifications and requirements for each qualified position. Individuals employed under this subsection shall not be covered by any union contract or Chapter 59 of Title 29. Nothing in this section shall create any right, privilege or entitlement to employment of any kind to any individual. (d) The initial employment of any person by the Department shall be on a probationary basis for the first 6 months or in accordance with the union contract during which time the probationary employee shall not be eligible for merit system status. Upon the successful completion of the probationary period, the employee shall be covered by the classified service as defined under Chapter 59 of Title 29. This subjection shall not apply to any individual hired on a casual/seasonal basis pursuant to subsection (c) of this section, above. 60 Del. Laws, c. 654, §  1 ; 73 Del. Laws, c. 66, §  1 ; 78 Del. Laws, c. 305, §  7 ; 79 Del. Laws, c. 296, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 6516 Commissioner in charge. The Commissioner shall assume full and active charge of the Department, its facilities and services, and is the chief executive and administrative officer of the Department. 11 Del. C. 1953, §  6516; 54 Del. Laws, c. 349, §  1 ; § 6517 Duties and responsibilities of the Commissioner. The Commissioner shall carry out and provide for: (1) Promulgating rules and regulations to carry out the Commissioner’s duties and operate the Department; (2) The organization, maintenance, control and operation of the Department; (3) The custody, study, training, treatment, correction and rehabilitation of persons committed to the Department; (4) Regulating the nature and limitations of authorized punishments for violations of the rules established for the government of any institution or facility under the jurisdiction of the Department, but corporal punishment shall not be inflicted therefor; providing by general rule for a merit system for reduction of confinement; (5) The administration, supervision, operation, management and control of state correction institutions, farms or any other institution or facility under the jurisdiction of the Department; (6) The management and control of institutional labor and industry; (7) The operation of probation and parole field services; (8) The employment of such officers, employees and agents as may be deemed necessary to discharge the functions of the Department, together with establishing their qualifications and the establishment of a merit system and training programs; (9) Developing a suitable administrative structure providing for divisions, bureaus and services within the Department; (10) Governing the transportation and transfer of offenders and persons between the various institutions and facilities under its jurisdiction or elsewhere as provided in this chapter, transfers to be made by issued orders, the reasons thereof to be made a matter of record, in each case. No female offender or person shall be transferred unless accompanied by at least 1 female officer or guard; (11) Managing and supervising the Department and doing any and all things necessary to carry out and to fulfill the purposes of this chapter; and (12) Administering the medical/treatment services contract, or appointing a designee to administer the medical/treatment contract. 11 Del. C. 1953, §  6517; 54 Del. Laws, c. 349, §  1 ; 70 Del. Laws, c. 186, §  1 ; 73 Del. Laws, c. 320, §  1 ; 78 Del. Laws, c. 305, §  7 ; § 6518 Adult Correction Healthcare Review Committee. (a) The Adult Correction Healthcare Review Committee (Committee) is hereby established. (b) For administrative and budgetary purposes, the Committee shall be placed within the Criminal Justice Council. The Criminal Justice Council shall provide fiscal oversight as determined by the Executive Director of the Criminal Justice Council. Staff of the Committee are under the authority of and subject to the oversight and supervision of the Executive Director of the Criminal Justice Council. (c) The Committee shall consist of 9 voting members, appointed by the Governor and confirmed by the Delaware State Senate which shall include all of the following; (1) A Delaware licensed physician. (2) A Delaware licensed forensic psychologist. (3) A Delaware licensed psychologist. (4) A Delaware licensed registered nurse. (5) A member of the Delaware Bar. (6) An expert in the field of substance abuse treatment. (7) Any additional healthcare professional who by virtue of training, education, and specialization holds expertise in correctional healthcare. (8) An individual representing a nonprofit that is serving the families of inmates or the inmates themselves, or a local civil rights organization. (9) A Delaware licensed psychiatrist. (d) The Committee shall also consist of the following 3 nonvoting ex-officio members: (1) The Chief of the Bureau of Healthcare, Substance Abuse, and Mental Health Services. (2) Chairperson of the House Corrections Committee. (3) Chairperson of the Senate Corrections and Public Safety Committee. (e) Voting members shall be appointed for a term of 3 years. (f) No member of the committee other than those designated in subsection (d) of this section may be an employee of the Department of Correction or a contractor providing medical services under the direction of the Department of Correction. (g) Nonvoting ex-officio members may designate another individual to attend Committee meetings. The nonvoting ex-officio members identified in paragraphs (d)(2) and (d)(3) of this section may only designate a member of their respective corrections committees. (h) Members shall receive no salary for their service, but may be reimbursed for reasonable expenses incurred in their work for the commission. (i) Five voting members of the Committee must be present to constitute a quorum. (j) The Medical Society of Delaware, the Delaware Psychiatric Society, the Delaware Psychological Association, the Delaware Nurses Association, and the Delaware State Bar Association, may submit recommendations to the Governor for consideration of appointment. (k) The chair of the Committee shall be elected annually by majority vote of the voting Committee members. ( l ) The Committee serves in an advisory capacity to the Governor, the General Assembly, and the Commissioner of the Department of Correction on all matters in Delaware’s adult correction system relating to the provision of inmate health-care services, the review of all inmate deaths and autopsies relating to those deaths, the construction of health-care contracts that provide inmate health-care services, and the review of all statistics relating to inmate health care. (m) The Committee shall not be considered a public body as defined at § 10002 of Title 29. (n) The Committee shall do all of the following: (1) Perform advisory reviews of medical records and autopsies of inmates who have died while incarcerated. (2) Review and monitor the quality and appropriateness of health-care services rendered in Delaware’s adult correctional facilities. (3) Review critical incident and mortality and morbidity review reports. (4) Receive and review monthly summaries of inmate, staff, public, and other health-care related grievances and the resolutions of these grievances in order to be fully appraised of the state of health-care services in Delaware’s adult correction facilities. (5) Receive and review monthly reports of inmate hospital admissions and infectious disease diagnoses, such as hepatitis C, tuberculosis, human immunodeficiency virus (HIV), methicillin resistant staphylococcus aureus (MRSA), and meningitis, from all adult correction facilities. (6) Have access to any and all otherwise protected health-care information relating to current and former inmates supervised by the Department of Correction notwithstanding any other statute to the contrary. (7) Advise the Governor, the General Assembly, and the Commissioner of the Department of Correction on any other matters relating to adult inmate health care that the Committee considers reasonable and worthwhile including all of the following: a. Assurance that all inmates receive appropriate and timely services in a safe environment. b. Systematic monitoring of the treatment environment. c. Assisting in the reduction of professional and general liability risks. d. Enhancing efficient utilization of resources. e. Assisting in credential review. f. Enhancing the identification of continuing educational needs. g. Facilitating the identification of strengths, weaknesses, and opportunities for improvement. h. Facilitating the coordination and integration of information systems. i. Assuring the resolution of identified problems. j. Changes considered necessary by the Committee. (8) By November 30, 2021, provide a report to the Governor, the General Assembly, and the Commissioner of the Department of Correction regarding the efficacy and appropriateness of the Department’s response to COVID-19 from March 12, 2020, to March 30, 2021. a. All of the following shall be included in the report identified in this paragraph (n)(8): 1. The total number of inmates who tested positive for COVID-19. 2. The total number of inmates at each correctional institution who tested positive for COVID-19. 3. The total number of correctional officers who tested positive for COVID-19. 4. The total number of correctional officers at each correctional institution who tested positive for COVID-19. 5. The total number of deaths of inmates and correctional officers due to COVID-19. 6. The strengths, weaknesses, and opportunities for improvement of the Department’s response to COVID-19. 7. An assessment of the medical treatment provided to inmates who tested positive for COVID-19. b. In order to discharge its obligations under this paragraph (n)(8), the Committee may do all of the following: 1. Request records of or the appearance of the Department or any contractor who provided medical services to an inmate from March 12, 2020, to March 30, 2021, relating to COVID-19. 2. Consult with any additional medical professional. 3. Engage additional staff other than the Criminal Justice Council. c. Any individual who provides services to the Committee under this paragraph (n)(8) must abide by federal and state laws regarding privacy of protected health information. Any person aggrieved by a violation of this paragraph shall have, in additional to any other rights, a right of action in the Superior Court pursuant to subsection (t) of this section. (o) The Committee may request the appearance of any contractor providing medical and behavioral health services to an inmate under the direction of the Department of Correction at a Committee meeting in order to provide information to the Committee. (p) The Committee shall refer to the appropriate licensing board grievance cases in which there is a serious deviation from the community standard of care by a health-care worker or other employee of a prison health-care contractor, if the health-care worker or other employee’s profession or occupation is governed under Title 24. (q) The Department of Correction shall forward copies of National Commission of Correctional Health Care (NCCHC) and American Correctional Association (ACA) surveys, reports, and evaluations to the Committee upon their request. Whenever a survey, evaluation, or similar act is conducted by or on behalf of NCCHC or ACA, the Committee may be contacted and be allowed to contribute to the survey, evaluation, or other activity. The transmission of documents in the possession of the Department of Correction to the Committee shall not be considered a waiver of any statutory or common law privilege. (r) All of the following shall be provided to the Committee at the Committee’s request: (1) Autopsy reports of inmates who have died while incarcerated within the control of the Department of Safety and Homeland Security. (2) Evaluations performed by the Delaware Psychiatric Center of an inmate within the control of the Department of Health and Social Services except those records protected by 42 C.F.R. Part 2 [42 C.F.R. §  2.1 et seq.]. (3) Inmate medical and behavioral health services records in the custody of the Department of Correction. (4) Records of a contractor providing medical and behavioral health services to an inmate under the direction of the Department of Correction. (s) Any document received or generated by the Committee is hereby specifically excluded from the definition of public record as set forth at § 10002 of Title 29. (t) All Committee members must abide by federal and state laws regarding privacy of protected health information. In addition any other remedies available under federal and state law, any person aggrieved by a violation of this paragraph shall have a right of action in the Superior Court and may recover for each violation all of the following: (1) Against any person who intentionally or recklessly violates a provision of this paragraph, damages of $5,000 or actual damages, whichever is greater. (2) Reasonable attorney’s fees. (3) Such other relief, including an injunction, as a court may deem appropriate. (u) This section is intended only to provide ongoing independent review, monitoring, advice, and critique of the provision of health-care services to inmates within the custody of the Department of Correction. Accordingly, nothing in this chapter shall give rise to any right, entitlement or a private cause of action for civil damages or injunctive relief for any public or private party. (v) The Committee shall submit a report by December 31 of each year to the Governor, the General Assembly and the Commissioner of the Department of Correction on the state of inmate health-care services in Delaware’s adult correction system by delivering a copy to the Governor, and the Clerks of the House of Representatives and the Senate, and the Commissioner of the Department of Correction. (w) Notwithstanding any provision of this section to the contrary, for 2021 and 2022, the Chairperson of the House Corrections Committee and the Chairperson of the Senate Corrections and Public Safety Committee shall be voting members of the Committee, but cannot designate another individual to attend Committee meetings or vote. 76 Del. Laws, c. 388, §  1 ; 78 Del. Laws, c. 382, §  1 ; 80 Del. Laws, c. 378, § 1 ; 82 Del. Laws, c. 67, § 1 ; 83 Del. Laws, c. 199, § 1 ; 84 Del. Laws, c. 10, § 1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 6520 Establishment of bureaus. There shall be within the Department the following bureaus: (1) A Bureau of Administrative Services. (2) A Bureau of Healthcare, Substance Abuse, and Mental Health Services. (3) A Bureau of Prisons. (4) A Bureau of Community Corrections. (5) Such other bureaus, divisions, and subdivisions, with such personnel as the Commissioner shall deem desirable. 11 Del. C. 1953, §  6520; 54 Del. Laws, c. 349, §  1 ; 78 Del. Laws, c. 305, §  7 ; 83 Del. Laws, c. 34, § 1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 6521 Division of Field Services [Repealed]. 11 Del. C. 1953, §  6521; 54 Del. Laws, c. 349, §  1 ; 57 Del. Laws, c. 233, §  1 ; 75 Del. Laws, c. 88, §  20(1) ; repealed by 78 Del. Laws, c. 305, § 7, eff. July 5, 2012. ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 6523 Rehabilitation services. (a) The Department shall make social, medical, psychological and other appropriate studies and investigations of persons committed to its care for the purpose of rehabilitation of said persons. At the request of any sentencing court, the Department shall, to the extent possible, receive for study and report to the court concerning any person who has been convicted, is before the court for sentencing and is subject to commitment to the Department. (b) The Department shall take steps to ensure that infectious diseases are not disseminated among the persons committed to the Department’s care and staff. In performing the function, the Department is empowered to review medical histories, to complete medical histories, to complete appropriate medical examinations, to perform laboratory tests as are deemed appropriate, and to begin a course of treatment on persons committed to its care. 11 Del. C. 1953, §  6523; 54 Del. Laws, c. 349, §  1 ; 65 Del. Laws, c. 424, §  1 ; 78 Del. Laws, c. 305, §  7 ; § 6524 Special problem groups. The Department may establish facilities for the treatment of alcoholics, prostitutes, drug addicts and other such groups as the Department shall determine. The Department shall coordinate its work with any other state agency to reduce overlapping or duplication of functions and services. 11 Del. C. 1953, §  6524; 54 Del. Laws, c. 349, §  1 ; § 6525 Treatment of inmates with mental illnesses and serious mental disorders; transfer. (a) The Department shall establish resources and programs for the treatment of persons with mental illnesses and serious mental disorders, either in a separate facility or as part of other institutions or facilities of the Department. The Department shall coordinate its work with any other state agency to reduce overlapping or duplication of functions and services. (b) The Commissioner is empowered to transfer to other appropriate state institutions for care and treatment inmates who have been determined to have mental illnesses. Transfer may also be made to such facilities in other jurisdictions, or to municipal or private facilities, upon the consent of responsible administrators of such facilities. Such transfers shall occur only as set forth at § 5153 of Title 16. Inmates to be transferred as contemplated herein who have not reached the age of 18 years and have been found nonamenable to the processes of Family Court shall not be transferred to the Delaware Psychiatric Center. Nonamenable inmates under the age of 18 years shall be transferred to appropriate residential treatment facilities within the State of Delaware or in other states. (c) When, in the judgment of the administrator of the institution to which an inmate has been transferred, the inmate has recovered from the condition which occasioned the transfer, the inmate shall be returned to the Department. 11 Del. C. 1953, §  6525; 54 Del. Laws, c. 349, §  1 ; 70 Del. Laws, c. 186, §  1 ; 76 Del. Laws, c. 322, §§  4-6 ; 78 Del. Laws, c. 224, §  22 ; § 6526 Special facilities for witnesses and those awaiting trial. Special facilities shall be provided for witnesses detained for inability to give bail and those awaiting trial, as the Department deems fit and necessary. 11 Del. C. 1953, §  6526; 54 Del. Laws, c. 349, §  1 ; 58 Del. Laws, c. 172, §  1 ; 64 Del. Laws, c. 108, §  33 ; § 6527 Creation and responsibility of classification boards. (a) The Department shall classify persons in the several institutions and facilities by the use of 2 separate and distinct classification boards to be known as The Institutional Classification Board and The Institutional Release Classification Board with powers and responsibilities delineated in subchapter VI of this chapter. (b) The Institutional Classification Board shall be responsible for the classification of all inmates residing and remaining in the several institutions and facilities. (c) The Institutional Release Classification Board shall be responsible for the classification of all inmates that are being considered for release from the several institutions and facilities under the jurisdiction of the Department. 60 Del. Laws, c. 703, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 6529 Institutional Classification Board; discretion of Department in adopting classification systems. (a) The Institutional Classification Board shall classify persons in the several institutions and facilities and shall promulgate regulations in accordance with which 1 or more classification committees shall be organized and operated not inconsistent with § 6527(b) of this title. (b) The Institutional Classification Board’s purpose is the organization and harmony of inmate life. (c) The Institutional Classification Board shall consist of an equal number of individuals from both the custodial staff and the treatment staff. (d) The warden shall maintain the power to veto decisions of the Board. (e) Nothing in this chapter shall be construed to require the Department to institute or maintain any system of classification of convicted persons for the purpose of assignment to institutions or housing units within institutions. However, the Department may, at its discretion, institute or maintain any such system at any or all of its institutions. (f) Nothing in this chapter shall be construed to require the Department to reduce the inmate population of any of its institutions below the capacity for which that institution was designed in order to accommodate any system of classification of convicted persons for purposes of assignment to institutions or housing units within an institution which the Department institutes or maintains. (g) Nothing in this chapter requiring or permitting the Department to institute or maintain a program or programs for the custody, rehabilitation or care of persons coming under the jurisdiction of the Department, including but not limited to such programs as may be required or permitted by §§ 6530 and 6531 of this title, shall be construed to require the Department to reduce the inmate population at any of its institutions below the capacity for which that institution was designed. 11 Del. C. 1953, §  6529; 54 Del. Laws, c. 349, §  1 ; 60 Del. Laws, c. 703, §  2 ; 61 Del. Laws, c. 193, §§  1, 2 ; § 6529A Institutional Release Classification Board. (a) The Institutional Release Classification Board shall classify any and all inmates seeking release from an institution for whatever reason. (b) The Institutional Release Classification Board shall consist of 7 members: Two members each from the custodial staff and treatment staff as well as 3 individuals to be appointed by the Criminal Justice Council and whose terms shall run for a period of 4 years from the date of appointment. (c) The 3 individuals to be appointed by the Criminal Justice Council shall receive compensation in the amount of $90 per meeting. However, no member so appointed shall receive compensation in excess of $4,000 per annum. (d) The warden of the institution shall possess veto power over decisions of the Board and also shall possess discretionary authority to grant a furlough in the event of the sudden death of a member in an inmate’s immediate family. 60 Del. Laws, c. 703, §  2 ; 66 Del. Laws, c. 349, §  1 ; 78 Del. Laws, c. 305, §  7 ; § 6530 Classification committee; information. Immediately after a person who has been sentenced to 90 days or more of imprisonment is received at any institution under the jurisdiction of the Department, a classification committee shall obtain and file complete information with regard to such person. Similar records may be compiled on persons sentenced to less than 90 days, in accordance with rules and regulations of the Department. When all such existing available records have been assembled, each such classification committee shall determine whether or not any further investigation is necessary, and, if so, it shall make such additional investigation. Each classification committee shall determine and prescribe the custodial and rehabilitation program and the care for each person coming under its jurisdiction. The classification committee shall determine the persons who shall work and labor and shall assign persons to jobs, studies and programs according to their abilities and in the manner best calculated to effectuate their training and rehabilitation. Review for reclassification shall occur periodically in accordance with the Department’s regulations, or whenever the committee shall deem it advisable. 11 Del. C. 1953, §  6530; 54 Del. Laws, c. 349, §  1 ; § 6531 Treatment and rehabilitation programs. (a) Persons committed to the institutional care of the Department shall be dealt with humanely, with effort directed to their rehabilitation. To the maximum extent possible, the Department shall evaluate each person using an objective risk and needs assessment instrument and shall create a case plan for those persons assessed to be moderate- to high-risk that targets the need factors identified by the assessment. The Department shall prioritize the provision of such evaluations according to the length of sentence and the severity of the conduct giving rise to the sentence of incarceration. The Department shall make efforts to provide treatment and services responsive to the person’s needs and characteristics. Use of the objective risk assessment instrument shall commence by December 31, 2013. (b) The Department shall establish alcohol and drug counseling and treatment programs for inmates. The Department may further establish a program of mandatory drug testing for inmates. In establishing such programs, the Department shall also establish rules and regulations regarding the order in which inmates shall be eligible to participate in such courses. (c) When the Department shall make programs of counseling and treatment available to inmates at a correctional facility, inmates at such facility who are eligible in accordance with the rules and regulations of the Department established under subsection (b) of this section, shall be required to enroll in and participate in such programs. (d) The costs of providing such counseling and treatment programs established pursuant to subsections (b) and (c) of this section shall, in accordance with a schedule to be established by the Department, be assessed against those inmates required under subsection (c) of this section to be enrolled, and may be deducted from said inmate’s account in accordance with the provisions of § 6532(f) of this title. (e) An inmate’s refusal to participate in compulsory programs of drug or alcohol counseling or treatment established by the Department does not prohibit an application for sentence modification under § 4217 of this title or eligibility for parole under § 4346(e) of this title, but may be considered by the court under § 4217(b) of this title. An inmate refusing to participate in compulsory programs of drug or alcohol counseling or treatment established by the Department is subject to disciplinary measures as the Commissioner may establish by regulation. (f) The Department shall establish programs of work, case work counseling and psychotherapy, library and religious services and commissary, and shall further establish procedures for the classification of inmates for those purposes. (g) The Department shall undertake an assessment of its ability to meet treatment and rehabilitation needs of the confined population every 3 years and endeavor to provide programs in accordance with identified needs. The first report shall be completed by December 31, 2012. 11 Del. C. 1953, §  6531; 54 Del. Laws, c. 349, §  1 ; 67 Del. Laws, c. 396, §  7 ; 78 Del. Laws, c. 392, §§  14, 15 ; 83 Del. Laws, c. 233, § 2 ; 85 Del. Laws, c. 76, § 5 ; § 6531A Education programs. (a) The Department of Education and the Department of Correction shall be jointly responsible for the administration of a prison education program. The Department of Correction and the Department of Education shall work collaboratively through designated agency contracts to accomplish this task. (b) The Department of Education and the Department of Correction shall be responsible for the oversight and management of the prison education program, including academic courses leading towards a high school diploma, life skills, special education, media resource services and vocational technical courses. The Department of Education shall be responsible for the establishment of rules and regulations regarding the administration of academic and vocational programs within the prison education program. The Department of Education shall be responsible for hiring teachers to provide instruction in these programs. The Department of Education shall further supervise these employees, who shall be considered employees of the Department of Education and are subject to all rules and regulations of the Department. Employees who are assigned to the prison education program as teachers that have remained Department of Correction employees shall be supervised by the Department of Education. Teachers who were employees at the time this legislation is enacted, that work for the Department of Correction, shall have the right to transfer to the Department of Education each year upon notification to the Department of Education by April 15 and such transfer shall become effective July 1 of that year. Any position transfer made pursuant to this section shall become permanent. If a remaining Department of Correction teacher position becomes vacant, the position and the associated funding shall be transferred to the Department of Education. Any Department of Education employee working in the prison education program and whose permanent work assignment location resides within or on the campus of a Department of Correction Level 5 or Level 4 facility must submit to the same random drug testing procedure required of Department of Correction employees. (c) The Department of Correction through the wardens of each facility shall be responsible for classifying offenders in and out of the prison education program, providing dedicated facilities that accommodate the educational needs, and disciplining inmates who have displayed inappropriate behavior in the prison education program. The Department of Correction shall conduct security and background checks on all potential prison education personnel and notify the Department of Education as to the results of that security check. (d) When the Department of Education shall make prison education programs available to inmates at a correctional facility, inmates at such facility who are eligible, in accordance with rules and regulations established under subsections (b) and (c) of this section, shall be required to enroll in and attend such courses. (e) An inmate’s refusal to participate in compulsory programs of education established under this section does not prohibit an application for sentence modification under § 4217 of this title or eligibility for parole under § 4346(e) of this title, but may be considered by the court under § 4217(b) of this title. An inmate refusing to participate in compulsory programs of education established under this section is subject to disciplinary measures as the Commissioner may establish by regulation. (f) The Department of Education shall continue to provide funding through its discretionary federal special education funds for a portion of the education costs associated with prison inmates aged 18 to 21 years who qualify for special education. 67 Del. Laws, c. 396, §  5 ; 73 Del. Laws, c. 137, §  2 ; 73 Del. Laws, c. 320, §  4 ; 76 Del. Laws, c. 20, §  1 ; 85 Del. Laws, c. 76, § 6 ; § 6532 Work by inmates [For application of this section, see 85 Del. Laws, c. 523, § 2]. (a) The Department may establish compulsory programs of employment, work experience and training for all physically able inmates. To the maximum extent practical, these programs shall approximate normal conditions of employment in free agriculture, industry and business, with respect to equipment, management practices and general procedures. (b) The products of inmate labor and services may be sold and marketed to tax-supported departments and institutions and agencies of the State and its governmental subdivisions and such other employers or entities within or outside of the State, as the Department shall determine. The Department may make contractual arrangements for the use of inmate labor by other tax-supported units of government responsible for the conservation of natural resources or other public works. The Department may also assign inmates to community work projects including, but not limited to, litter control along state highways and on state beaches and trash removal from state facilities, as provided in subsection (c) of this section. (c) Before entering into an agreement with any other state department seeking prisoner-workers in accordance with this section, the Department shall have established a pilot litter-control program in each of the 3 counties with the cooperation of the Department of Transportation. The Department of Transportation shall advise the Department as to the kinds of equipment and the costs thereof that will be required and will act at all times as the consultant to the Department in this program. (d) Inmates shall be compensated or awarded additional good time credits, at the discretion of and at rates fixed by the Department, for labor performed, including institutional maintenance. (e) In the event that an inmate shall labor for more than 40 hours in 1 week, said inmate shall be compensated at 1 1 / 2 times the regular hourly rates paid to said inmates for such work time the inmate has labored in excess of 40 hours in 1 week. (f) The Department shall cause to be placed into an account, payable to each inmate upon the inmate’s discharge, income from the inmate’s employment and any other income or benefits, accruing to or payable to, and for the benefit of said inmate, including but not limited to any worker’s compensation or Social Security benefits. From the account of each inmate, the Department shall deduct, in order of the priority set forth herein, the following sums: (1) Support payments for dependents of the inmate who are receiving public assistance during the period of incarceration, or to whom the inmate is under a court ordered obligation to provide support and restitution as may have been assessed against said inmate pursuant to court order. (2) Court costs, fines, and such other items as may be assessed against said inmate pursuant to court order. (3) [Repealed.] (g) In assigning inmates to employment, work experience, training and community work project programs in accordance with this section: (1) Assignments to programs conducted or operated outside the physical boundaries of Department-run correctional facilities shall not be available to inmates serving time for any crime classified as a class A felony, or any crime classified as a class B felony which involves a sex offense, escape or assault. (2) The Department is authorized to establish regulations or guidelines further restricting the participation of inmates in such programs so as to minimize potential danger to the community. (h) The Department is authorized to revoke previously earned good time (whether such good time was earned pursuant to this section or other provisions of this title) from inmates who refuse to perform labor as required by the Department pursuant to this section. In addition, the Department may impose such other lawful disciplinary measures as it deems appropriate upon inmates refusing to perform labor as required by the Department pursuant to this section. (i) No greater amount of labor shall be required of any inmate than the inmate’s physical health and strength will reasonably permit, nor shall any inmate be placed at such labor as the institutional physician determines to be beyond the inmate’s ability to perform. (j) An inmate’s refusal to participate in compulsory programs of employment established by the Department does not prohibit an application for sentence modification under § 4217 of this title or eligibility for parole under § 4346(e) of this title, but may be considered by the court under § 4217(b) of this title. An inmate refusing to participate in compulsory programs of employment established by the Department under this section is subject to disciplinary measures as the Commissioner may establish by regulation. (k) The Department may not enter into, renew, or extend any contract or arrangement with any for-profit entity for the use of inmate labor. This subsection does not apply to outside employment and work release under § 6533 of this title. 11 Del. C. 1953, §  6532; 54 Del. Laws, c. 349, §  1 ; 62 Del. Laws, c. 96, §  1 ; 62 Del. Laws, c. 350, §  1 ; 62 Del. Laws, c. 377, §§  1, 2 ; 67 Del. Laws, c. 350, §  31 ; 67 Del. Laws, c. 396, §  1 ; 70 Del. Laws, c. 186, §  1 ; 77 Del. Laws, c. 327, §  230 ; 83 Del. Laws, c. 82, § 1 ; 85 Del. Laws, c. 76, § 7 ; 85 Del. Laws, c. 298, § 1 ; 85 Del. Laws, c. 523, § 1 ; § 6533 Outside employment; work release. (a) The Department shall adopt rules and regulations governing the employment of trustworthy inmates outside the institutions and facilities under the jurisdiction of the Department. Said Department shall adopt policies and procedures outlining the latitude and limitations of employers who utilize the service of inmates and provide provisions for any violation by said employer. (b) Any inmate employed under subsection (a) of this section shall continue to be in the legal custody of the Department, notwithstanding the inmate’s absence from an institution by reason of such employment and any employer of any such person shall be considered the representative of, or keeper for, the Department. (c) Whoever, being an employer or other person, through negligent control of the inmate or otherwise, permits, or whoever counsels, advises, aids, assists, abets or procures the escape from the legal control of the Department of any inmate employed under this subchapter, shall be fined, or imprisoned, or both. (d) Notwithstanding any other provision of this section or title to the contrary, no person shall be permitted work release under this section, until such person is within 6 months from the date of such person’s release from custody, as determined by the Department, if the person is: (1) Serving a sentence imposed for a class A felony; or (2) Serving a sentence imposed pursuant to § 4214 of this title; or (3) Has previously been convicted of 2 or more of the following crimes set forth in this title under sections: 513 Conspiracy first degree; 531 Any attempt to commit any crime listed in this paragraph; 604 Reckless endangering first degree; 612 Assault second degree; 613 Assault first degree; 629 Vehicular assault first degree; 630 Vehicular homicide second degree; 630A Vehicular homicide first degree; 631 Criminally negligent homicide; 632 Manslaughter; 635 Murder second degree; 768 Unlawful sexual contact second degree; 769 Unlawful sexual contact first degree; [Former] 770 Unlawful sexual penetration third degree; [Former] 771 Unlawful sexual penetration second degree; [Former] 772 Unlawful sexual penetration first degree; [Former] 773 Unlawful sexual intercourse third degree; [Former] 774 Unlawful sexual intercourse second degree; 770 Rape in the fourth degree; 771 Rape in the third degree; 772 Rape in the second degree; 773 Rape in the first degree; 776 Continuous sexual abuse of a child; 782 Unlawful imprisonment first degree; 783 Kidnapping second degree; 783A Kidnapping first degree; 801 Arson third degree; 802 Arson second degree; 803 Arson first degree; 831 Robbery second degree; 832 Robbery first degree; [Former] 835 Carjacking in the second degree; [Former] 836 Carjacking in the first degree; 1108 Sexual exploitation of a child; 1254 Assault in a detention facility; 1302 Riot; 1312A Stalking; 1338 Bombs, incendiary devices, Molotov cocktails and explosive devices; 1447 Possession of a deadly weapon during the commission of a felony; 1447A Possession of a firearm or projectile weapon during the commission of a felony; 1448 Possession of a deadly weapon by a person prohibited; or 3533 Aggravated act of intimidation. (e) All wages, salary, or other compensation earned by or payable to an inmate employed in accordance with this section shall be placed in said inmate’s account and subject to deductions in accordance with the provisions of § 6532(f) of this title. (f) Notwithstanding any other provision of this section or title to the contrary, no person who has previously been convicted under § 1252 or § 1253 of this title or any attempt to commit such crimes under § 531 of this title shall be permitted outside employment or work release under this section. (g) Funds collected for goods produced or services performed by offenders housed at a Community Corrections facility shall be deposited in the Bureau of Community Corrections Special Services Fund. Such funds shall be used to support the operational costs for offender re-entry and work programs in the Bureau of Community Corrections. The Bureau of Community Corrections Special Services Fund shall be appropriated and expended in conformity with the annual Appropriations Act of the State. 11 Del. C. 1953, §  6533; 54 Del. Laws, c. 349, §  1 ; 58 Del. Laws, c. 433 ; 60 Del. Laws, c. 705, §  1 ; 61 Del. Laws, c. 363, §  1 ; 67 Del. Laws, c. 396, §  3 ; 70 Del. Laws, c. 181, §§  1, 2 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 285, §§  19, 20 ; 72 Del. Laws, c. 34, §  6 ; 77 Del. Laws, c. 318, §  6 ; 78 Del. Laws, c. 290, §  210 ; 82 Del. Laws, c. 216, § 1 ; 84 Del. Laws, c. 525, § 27 ; § 6534 Payment of compens