Del. Code tit. 11, § 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.
Department of Correction
Del. Code tit. 11, ch. 65
in effectDel. Code tit. 11, § 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.
Del. Code tit. 11, § 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.
Del. Code tit. 11, § 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.]
Del. Code tit. 11, § 6505 Powers of the Board [Repealed].
Del. Code tit. 11, § 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.
Del. Code tit. 11, § 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.
Del. Code tit. 11, § 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.
Del. Code tit. 11, § 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.
Del. Code tit. 11, § 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.
Del. Code tit. 11, § 6521 Division of Field Services [Repealed].
Del. Code tit. 11, § 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.
Del. Code tit. 11, § 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.
Del. Code tit. 11, § 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.
Del. Code tit. 11, § 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.
Del. Code tit. 11, § 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.
Del. Code tit. 11, § 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.
Del. Code tit. 11, § 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.
Del. Code tit. 11, § 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.
Del. Code tit. 11, § 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.
Del. Code tit. 11, § 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.
Del. Code tit. 11, § 6532 Work by inmates.
(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; and
(3) A proportionate share of the costs of incarceration of inmates in the facility in which said inmate is housed including but not limited to room, board, medical care, legal services, prison education, training, library services, counseling and treatment services, religious services and other programs and services as shall be provided together with an allocation of the overhead for operating such prison and the Department in accordance with a fee schedule to be established by the Department.
(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.
Del. Code tit. 11, § 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.
Del. Code tit. 11, § 6533A [Reserved.]
Del. Code tit. 11, § 6534 Payment of compensation.
(a) The balance remaining in an inmate’s account established and maintained in accordance with § 6532(f) of this title shall be paid to the inmate at the time of the inmate’s release, except that the Department may from time to time, in its discretion, or upon order from a court of competent jurisdiction, pay all or part thereof to the inmate as spending money. The Department shall establish guidelines and procedures for payments to inmates in accordance with this section.
(b) The Department shall have the authority to deduct from any inmate’s wages resulting from employment under the Private Sector/Prison Industries Enhancement Certification Program a portion thereof to be applied to the Victim Compensation Fund created pursuant to Chapter 90 of this title. All deductions made by the Department pursuant to this subsection shall be limited to no more than 20 percent and no less than 5 percent of an inmate’s gross wages received under the Program.
Del. Code tit. 11, § 6534A Claims for costs of support; lien.
Upon the sentencing of any convicted criminal to incarceration in any state correctional facility, the Attorney General may file a claim for future maintenance and support of such inmate with the court from which said inmate was sentenced, and thereupon the court may make an order making such inmate’s estate or property liable for the expenses of such future care and support by the Department as is more fully provided in § 6532(f) of this title, and such claim, upon approval by the court, shall constitute a lien upon all property, real and personal, of said prisoner.
Del. Code tit. 11, § 6534B Delaware Correctional Industries Special Fund.
(a) There is hereby established a Delaware Correctional Industries Special Fund which shall consist of:
(1) Moneys received from the sale of products as described in § 6532 of this title;
(2) Moneys received through the contract of service or labor as described in § 6532 of this title;
(3) Moneys received per § 6532(f)(3) of this title;
(4) Moneys received per § 6531A(c) of this title; and
(5) Moneys received per § 6531(d) of this title.
(b) Funds from the Delaware Correctional Industries Special Fund shall be expended only for the following purposes:
(1) Financing the Delaware Correctional Industries programs, including, but not limited to, all prison manufacturing, construction, contractual services and labor provided;
(2) Financing the educational programs required by § 6531A of this title;
(3) Financing the treatment and rehabilitation programs required by § 6531 of this title;
(4) Financing any and all programs as itemized in § 6532(f)(3) of this title; and
(5) Financing the casual/seasonal positions referenced in § 6506(c) of this title.
(c) The Delaware Correctional Industries Special Fund shall be appropriated and expended in conformity with the annual Appropriations Act of the State.
(d) Nothing in this subchapter shall preclude the appropriation of general funds to support the programs itemized in subsection (b) of this section.
Del. Code tit. 11, § 6535 Discipline.
The Department shall promulgate rules and regulations for the maintenance of good order and discipline in the facilities and institutions of the Department, including procedures for dealing with violations. Prisoners of the Department shall have access to those portions of the disciplinary rules that apply to them, at places and times deemed reasonable and appropriate by the Commissioner. There shall be a record of charges of infractions by inmates, any punishments imposed and of medical inspections made.
Del. Code tit. 11, § 6536 Medical care [For application of this section, see 85 Del. Laws, c. 253, § 23].
(a) The Department shall promulgate reasonable standards, and shall establish reasonable health, medical and dental services, for each institution, including preventive, diagnostic and therapeutic measures on both an out-patient and hospital basis for all types of patients. The nature and extent of such medical and dental services shall be determined by the Commissioner of Correction in consultation with the Bureau Chief of Correctional Healthcare Services. The Department may authorize, under regulations, inmates to be taken, with or without guard, to a medical institution or facility outside the institution.
(b) The Department shall charge a reasonable fee as defined by the Department for every inmate initiated visit with an institutional health-care practitioner for examination and/or treatment. The Department shall not charge an inmate for medical visits initiated by medical/mental health staff, visits as a result of a reference to a physician from a physician associate or nurse practitioner, follow-up visits initiated by a medical professional or visits resulting from a chronic medical condition. The Department shall not be responsible for the cost of medical visits to or by outside medical consultants if the visits were not ordered by institutional medical services personnel. Notwithstanding the above, an inmate shall not be refused medical treatment for financial reasons; provided, however, that the Department shall debit an inmate’s account for future payment to the Department in the event funds are deposited in said account and the Department shall retain records of an inmate’s account upon the release of the inmate from the custody of the Department if such account has a negative balance. The outstanding balance of such an account shall be reinstated should that person be committed to the custody of the Department at some future time.
(c) The Department may charge a reasonable fee, not to exceed the cost to the Department, for any prescription or nonprescription medication. The Department shall not be responsible for the cost of prescriptive drugs or medications prescribed by outside medical consultants unless approved by institutional medical services personnel. Notwithstanding the above, an inmate shall not be refused medications for financial reasons; provided, however, that the Department shall debit an inmate’s account for future payment to the Department in the event funds are deposited in said account and the Department shall retain account records upon the release of the inmate from the custody of the Department if such account has a negative balance. The outstanding balance of such account shall be reinstated should that person be committed to the custody of the Department in the future.
(d) Notwithstanding any provision of the Delaware Code to the contrary, there shall be established a special fund of the State to be known as the Medical Cost Recovery Fund. The Department of Correction shall, commencing upon July 1, 1996, deposit funds assessed pursuant to subsections (b) and (c) of this section into the Medical Cost Recovery Fund. The Department may use the Medical Cost Recovery Fund to defray the costs of medical services provided to inmates.
(e) The Department shall provide onsite hospice services to any terminally ill inmate or defendant confined in facilities operated by the Department at the request of a care provider with whom the Department has a contract. Hospice services provided by the Department, or its contractor, must be provided in a manner consistent with the regulations of the Department of Health and Social Services (DHSS), and shall meet all licensure standards set forth therein, governing the provision of hospice services in the State to the fullest extent possible without compromising the security and safety considerations of the institutions wherein the hospice services are being provided. The Department of Correction (DOC) may require alternate procedures for the provision of hospice services in any DOC facility where strict adherence to DHSS regulations would compromise the security and safety considerations of that facility. DOC contractors need not apply for or obtain a license from DHSS in order to provide hospice services in any DOC facility. For the purposes of this section, “hospice” and “hospice services” shall be as defined by DHSS regulations.
(f) The Department shall ensure that all female inmates in a Department of Correction facility, at level IV or V, receive annual or biennial screening mammograms as recommended by the United States Preventive Services Task Force. The decision as to whether an inmate receives a mammogram annually or biennially shall be made by the inmate and the inmate’s health-care practitioner and shall be based on the inmate’s individual risk factors for developing breast cancer.
Del. Code tit. 11, § 6536A Medical care.
(a) The Department shall make reasonable accommodations for the provision of available midwifery or doula services to pregnant or postpartum persons who have given birth in the last 6 weeks who are subject to the custody of the Department at Level IV or V. Persons providing midwifery or doula services must be granted appropriate facility access, must be allowed to attend and provide assistance during labor and childbirth where feasible, and must have access to the pregnant or postpartum person's relevant, otherwise protected health-care information if the pregnant or postpartum person seeking midwifery or doula services authorizes disclosure.
(b) The Department shall provide written notice to all pregnant and postpartum persons subject to the custody of the Department at Level IV or V of the availability of midwifery and doula services.
(c) Definitions. —
As used in this section:
(1) “Doula services” means services provided by a trained doula and designed to provide physical, emotional, or information support to a pregnant person before, during, and after delivery of a child. “Doula services” include the following:
a. Support and assistance during labor and childbirth.
b. Prenatal and postpartum education.
c. Breastfeeding assistance and lactation support.
d. Parenting education.
e. Support in the event that a postpartum person has been or will become separated from the child.
(2) “Midwife” means a midwife licensed under subchapter XIII of Chapter 17 of Title 24 or a certified nurse midwife licensed under Chapter 19 of Title 24.
(3) “Midwifery services” means medical aid rendered by a midwife to a person during prenatal, intrapartum, or postpartum stages, or to a postpartum person's newborn outside of the correctional facility up to 2 weeks of age.
(d) Subject to the availability of funds, the Department shall provide midwifery or doula services to pregnant or postpartum persons who have given birth in the last 6 weeks who are subject to the custody of the Department at Level IV or V.
(e) The Department shall ensure that pregnant persons subject to this section are able to meet with a doula or midwife to create a written birth plan surrounding the birth of their child. The birth plan shall include the following:
(1) Preferred methods of pain management during and after birth.
(2) A statement recommending the preferred caretaker of the newborn child.
(3) A statement on whether the pregnant person intends to express breast milk and a plan on how the pregnant person will do so.
(f) Nothing in this section prevents the Department from adopting policy guidelines for the delivery of midwifery or doula services to pregnant or postpartum person subject to the custody of the Department at Level IV or V. Services under this section may not supplant health-care services routinely provided to persons subject to the custody of the Department at Level IV or V.
(g) The Department shall publish an annual report with the following information regarding pregnant and postpartum persons subject to the custody of the Department at Level IV or V:
(1) The number of pregnant or postpartum persons eligible for doula and midwife assistance pursuant to this section.
(2) The number of times a doula or midwife is requested.
(3) The number of times a doula or midwife is provided.
(4) The reason why a doula or midwife is not provided if these services are requested.
(5) The number of birth plans created.
(6) The number of times lactation support is offered to each pregnant or postpartum person.
(7) The number of times the doula or midwife is able to attend a birth and reasons why a doula or midwife are not able to attend a birth.
(8) The number of times a doula or midwife provided postpartum assistance.
(h) The Department shall submit the annual report under subsection (g) of this section, along with the annual report created under § 6536B of this title, to the Governor, the General Assembly, and the Director and the Librarian of the Division of Legislative Services not later than January 1.
Del. Code tit. 11, § 6536B Breastfeeding and lactation program.
(a) The Department shall create a breastfeeding and lactation program to support pregnant, postpartum, and lactating women in the custody of the Department. The Department shall develop policies and procedures for the program in partnership with a contracted breastfeeding organization. The program shall include:
(1) Policies for expressing breast milk, disposal of breast milk, and same-day storage of breast milk for later retrieval and delivery to an infant or toddler. Retrieval or delivery of breastmilk must be made by an approved person selected by the lactating inmate and approved by the facility administrator.
(2) Policies for providing and sterilizing manual or electric breast pumps and storage bags.
(3) Procedures for identifying a comfortable place to pump on a regular basis that is based on national best practices.
(4) A system for proper storage of the breast milk and transfer to the infant or toddler by an approved individual.
(5) A requirement that participants are in compliance with Department drug testing policies.
(6) The dispensing of prenatal vitamins to all lactating inmates.
(7) Procedures for providing medically-appropriate support and care related to the cessation of lactation or weaning.
(8) Nutrition information and a meal plan, based on national best practices, that is specific to pregnant, postpartum, or lactating women.
(b) Information regarding the breastfeeding program and policies shall be posted in all locations in the correctional facility where medical care is provided and shall be communicated to all staff persons who interact with or oversee pregnant or lactating inmates.
(c) The Department shall publish an annual report with the following information:
(1) The number of women requesting breastfeeding support.
(2) The number of women participating in the breastfeeding and lactation program.
(3) The number of women denied participation in the breastfeeding and lactation program and the reasons why the women were unable to participate in the program.
(4) The number of women expressing milk only and the number of women expressing milk for storage and transport to an infant and toddler.
(5) The number of women unable to start or continue in the program due to a failed drug screening.
(6) The number of women who receive nutrition information and a meal plan specific to pregnant, postpartum, or breastfeeding women.
(d) The Department shall submit the annual report created under subsection (c) of this section, along with the annual report created under § 6536A of this title, to the Governor, the General Assembly, and the Director and the Librarian of the Division of Legislative Services not later than January 1.
Del. Code tit. 11, § 6537 Inmate contacts outside institution.
(a) The Department shall authorize, under reasonable conditions, visits to, and correspondence with, inmates by relatives, friends and others and temporary release of inmates for such occasions as the death of a member of the inmate’s family, or interview of the inmate by a prospective employer.
(b) With the exception of the authority granted under § 4205(h) and (l) of this title, the Department shall have no authority to place any person convicted of a class A felony, during the first 10 years of said sentence, or of any class A or B felony sex offense or C felony sex offense, during the first 10 years of said sentence, or any person sentenced pursuant to § 4204(k) of this title on any program or status beyond the confines of a secured institution to which the person must be classified. In the event of the death or serious illness of an immediate family member, or a similar emergency, the Commissioner of Correction shall have the authority to permit such person an escorted visit within the State under strict security. In the event that there exists extraordinary circumstances, excluding emergency situations authorized by the Commissioner pursuant to the previous sentence of this subsection, and the Commissioner of Correction agrees, the Commissioner may petition the Superior Court, after notice to the Attorney General, for permission to exempt an individual from the limitations contained in this section.
Del. Code tit. 11, § 6538 Furloughs.
(a) The Department shall promulgate strict rules and regulations subject to the approval of the Institutional Release Classification Board under which inmates, as part of a program looking to their release from the custody of the Department, or their treatment, may be granted temporary furloughs from the institution to visit their families or to be interviewed by prospective employers.
(b) In the case of death, furloughs shall only be granted to an inmate for an immediate family which would include said inmate’s mother, father, son, daughter, brother, sister, husband or wife. An inmate shall only be granted a furlough to attend a private viewing or wake with the inmate’s immediate family. The Institutional Release Classification Board, or the warden in charge of the institution, in cases of emergency, shall set the conditions of an inmate’s furlough, including the determination of whether the inmate should be handcuffed to the officer and when such action should take place.
(c) Inmates taking part in choral presentations and other legitimate programs shall be escorted by custodial officers whenever leaving the institution. Transportation and custodial costs shall be borne by the individuals or groups requesting the inmates’ appearance and shall not be at the State’s expense.
(d) The Department may permit inmates to participate in Community Service Projects by granting special furloughs for the period of such projects, not to exceed 14 days. Such furloughs shall not be considered personal furloughs under the Department rules and regulations. The time spent participating in a Community Service Project may be counted towards a restitution or community service component of a sentence. During a Community Service Project, the inmate need not be under the continual escort and supervision of custodial officers. All associated transportation and custodial costs shall be the responsibility of the organization which sponsors the Community Service Project.
(e) Notwithstanding any provision of this section or title to the contrary, no person serving a sentence imposed for a class A felony shall be permitted to participate in any furlough or furlough program under this section.
Del. Code tit. 11, § 6539 Supervised custody program.
(a) Notwithstanding any provision of this title to the contrary, the Department may place inmates outside the institutions and facilities under the jurisdiction of the Department.
(b) The Department shall establish rules and regulations governing the eligibility of inmates for such placement and governing the conduct of inmates so placed.
(c) No inmate shall be placed in the supervised custody program established by this section unless, in addition to meeting eligibility requirements imposed by Departmental rules or regulations, the Department, in its discretion, determines that an inmate is trustworthy and does not pose a threat to the safety of the community.
(d) Any inmate released from incarceration pursuant to this section shall continue to be in the legal custody of the Department, notwithstanding the inmate’s absence from a correctional institution.
(e) If any person released pursuant to this section shall violate any of the conditions of the person’s release, the person shall immediately be returned to incarceration. Nothing in this section shall limit the discretion of the Department to return persons released pursuant to this section to incarceration. Placement into the supervised custody program shall be a privilege, not a right or entitlement, which may be withdrawn by the Department, in its absolute discretion. There shall be no judicial review of the refusal by the Department to place any inmate into the supervised custody program; nor shall there be any judicial review of the withdrawal of such privilege by the Department.
(f) Notwithstanding any provision of this title to the contrary, persons convicted of class A felonies, persons detained in default of bail and persons sentenced to minimum mandatory terms of incarceration shall not be eligible for the supervised custody program.
Del. Code tit. 11, § 6540 Discharge allowance.
(a) Persons discharged upon completion of their term or released on parole or mandatory conditional release may be supplied in accordance with the Department’s rules and regulations, within budget requirements, with satisfactory clothing and transportation to the point of destination within the State. If the inmate’s family is financially able, or if the inmate has resources, these shall be used prior to the use of public funds.
(b) Payments to eligible inmates who upon their release from an adult correctional facility are financially unable to obtain transportation away from the facility shall be expended as follows:
(1) Upon release, a prisoner who within 30 days prior to release has $50 or more in the prisoner’s inmate account or accounts shall not be eligible for such payment, but shall be paid the amount in the prisoner’s inmate account or accounts.
(2) Upon release, a prisoner who has less than $50 in the prisoner’s inmate account or accounts shall be paid the amount remaining in the prisoner’s account or accounts and may be paid an additional sum sufficient to ensure transportation to the prisoner’s place of residence. Such sum sufficient, together with the funds available in the inmate account, shall not exceed $50.
(3) Any prisoner who, after using option (1) or (2) of this subsection, has insufficient funds to provide a one-way bus ticket to the prisoner’s place of residence, shall forfeit all such funds and shall be provided with a 1-way bus ticket to the prisoner’s place of residence, as well as sufficient funding to provide food during travel.
Del. Code tit. 11, § 6541 Publication of names of inmates on supervised custody, work release or furloughs.
(a) Upon placing an inmate on supervised custody, work release or furloughs which shall include personal special visits whether escorted or unescorted the Department shall publish the name of that inmate and the crimes for which the inmate is incarcerated. Said information shall be published in each of the 3 counties of this State in a newspaper located in that county and having a general circulation throughout the county. No inmate shall be placed on supervised custody, work release or furloughs which shall include personal special visits whether escorted or unescorted until the notice provided for herein has been released for publication to the newspaper. This section shall not apply to those inmates being released on furlough or special visit for the purpose of attending the funeral of an immediate family member as specified under § 6538(b) of this title.
(b) In cases of inmates convicted of crimes against persons, including robbery, prior to publication of names, the Department shall notify the victim at the victim’s last known place of residence.
Del. Code tit. 11, § 6550 Seal; authentication.
The Department shall adopt a seal. Copies of all records and papers in the offices of the Department, certified by an authorized agent of the Department and authenticated by the seal, shall be evidence with like effect as the original.
Del. Code tit. 11, § 6551 Cooperation with other departments and agencies.
The Department shall cooperate with the courts and with public and private agencies and offices to assist it in attaining its purposes. The Department may enter into agreements with other departments of federal, state and municipal government for the employment of persons committed to the charge of the Department.
Del. Code tit. 11, § 6552 Discharge of employees.
All discharges shall be for cause and in accordance with regulations and procedures established by the Department. Upon requesting in writing, any discharged employee shall be given a hearing before the Board.
Del. Code tit. 11, § 6553 Compensation of employees [Repealed].
Del. Code tit. 11, § 6554 Bond of officers and employees [Repealed].
Del. Code tit. 11, § 6555 [Reserved.]
Del. Code tit. 11, § 6556 Facilities, equipment and supplies.
The Department shall acquire, by lease, purchase or otherwise, all necessary facilities, equipment, supplies or articles for the carrying out of its duties in the safekeeping, maintenance, improvement and rehabilitation of those in its care.
Del. Code tit. 11, § 6557 Offices and quarters.
The Department shall secure and furnish offices and quarters sufficient for its needs.
Del. Code tit. 11, § 6558 Lands and buildings.
The Department may acquire, by lease, purchase or otherwise, and hold in the name of the State for the use of the Department, all necessary lands and buildings for the carrying out of its duties and functions.
Del. Code tit. 11, § 6559 Contracts; limitations for interest.
No officer or employee of the Department may be directly or indirectly concerned or interested in any contract, purchase or sale made by the Department or by its authority, or may accept any reward or gift, or any promise of any reward or gift, directly or indirectly from any person interested in any contract, purchase or sale made by the Department or its authority, and every officer and employee shall report to the Department all offenses coming to the officer’s or employee’s knowledge.
Del. Code tit. 11, § 6560 Annual reports.
The Commissioner shall make a report every year on or before November 15 to the Governor, showing the financial operation of the Department for the preceding year, together with adequate statistical information concerning the persons committed to the Department, or under the supervision of the Department, with such research reports, analysis, planning, evaluation and recommendations as may appear necessary to the advancement of the interest of the Department and its objectives. A copy of said report shall be sent to each member of the General Assembly and shall be made available to other agencies and citizens, as desired.
Del. Code tit. 11, § 6561 Police powers of correction officers, employees and internal affairs investigators.
(a) All correctional officers and employees of the Department shall have the full power of a State Police officer when:
(1) On duty at 1 of the correctional institutions; or
(2) In charge of prisoners at any place within the State and while going to or returning from such duty; or
(3) Searching for escaped prisoners.
(b) Only those correctional officers and employees who have been sworn in by the Commissioner shall have the power of a police officer under this section. The Department shall provide appropriate identification for all such correctional officers and employees.
(c) In addition to the police powers set forth in subsection (a) of this section, any internal affairs investigator in the Department who has been sworn in by the Commissioner in accordance with subsection (b) of this section shall:
(1) Exercise the full power of a State Police officer when acting in the course and scope of the investigator’s duties as an internal affairs investigator on or off the premises of a correctional institution; provided, however, that before an internal affairs investigator executes a search warrant or makes an arrest off the premises of a correctional institution, the Commissioner shall notify the Superintendent of the Delaware State Police or the Attorney General or both;
(2) Have the right of access at all times to the books, papers, records and other documents of the Department or any of its bureaus, divisions, units or other administrative subdivisions; and
(3) Have the power to summon employees of the Department as witnesses pursuant to a lawful internal affairs investigation.
Del. Code tit. 11, § 6562 [Reserved.]
Del. Code tit. 11, § 6562A Furnishing contraband; penalty.
Whoever furnishes to any person committed to the jurisdiction of the Department:
(1) Any intoxicating liquor or narcotic drug of any kind except as prescribed by a physician for medical treatment; or
(2) Any money without the knowledge and consent of the Department; or
(3) Any deadly weapon or part thereof, or any instrument or article which may be used to effect an escape,
shall be punished by fine or imprisonment, or both.
Del. Code tit. 11, § 6562B Confiscated Contraband Interdiction Fund.
The General Assembly hereby declares that in order to provide funds to combat the unlawful trafficking of drugs, unlawful gambling activities and gang activities within secure correctional facilities, it is necessary to create a separate special fund within the Bureau of Prisons. All moneys collected as contraband or from the proceeds of the auction or sale of property confiscated from the inmate population at each of these institutions shall be set aside into a special fund. This special fund is hereby created within the Office of the Bureau Chief of Prisons and shall be known as the Confiscated Contraband Interdiction Fund.
(1) Use of funds. — Funds deposited into the Confiscated Contraband Interdiction Fund shall be expended only to procure, sustain, and maintain the adequacy of investigative and security operations within the Bureau of Prisons.
(2) Creation of fund. — Upon the confiscation of any moneys or upon the receipt of the proceeds from any auction or commercially reasonable sale of confiscated property obtained as a result of any investigation, interdiction, or prosecution of disciplinary, civil, or criminal violations at the facilities listed herein the same shall be placed in the Confiscated Contraband Interdiction Fund. All auctions or sales of confiscated property as authorized herein shall be administered and approved by the Bureau Chief of Prisons.
(3) Disbursement of fund. — The disbursement of the funds from this account shall be made only upon approval by the Bureau Chief of Prisons. All requests for funds must be by written application and on a form designed for such purpose. This application and authorization form must include the following:
a. The amount of funds requested;
b. The anticipated purpose for which such funds are requested;
c. The name of the person requesting the funds and the name of the person who shall be responsible for keeping accurate records as to the use of the funds.
The Bureau Chief of Prisons shall determine whether or not the expressed purpose for the expenditure requested is within the purposes allowed under this section and whether the proposed expenditure of funds for the expressed purpose will be in the best interests of the Bureau of Prisons. If the Bureau Chief of Prisons determines that the proposed expenditure meets those criteria, the Bureau Chief of Prisons may authorize the expenditure in whole or in part and only then shall the funds be expended as requested.
(4) Accounting of funds. — Funds obtained pursuant to this subchapter shall be used only for the purposes set out in paragraph (1) of this section. Any and all funds shall be accounted for by the support services manager on or before June 30 of each year. The Bureau Chief of Prisons shall maintain a full and complete accounting for the use of such funds.
(5) Review of records. — Any funds requested and disbursed shall be accounted for through an itemized report by the Bureau Chief of Prisons to the Commissioner of Correction due no later than July 31 of each year which details each request and expenditure from the prior fiscal year.
(6) Excess funds. — If at any time the fund aggregated in this special fund exceeds $10,000, the excess shall be deposited in the General Fund.
Del. Code tit. 11, § 6563 Incarceration upon arrest by private detective [Repealed].
Del. Code tit. 11, § 6564 Violation of § 6563 of this title [Repealed].
Del. Code tit. 11, § 6565 Mandatory training of correctional officers; exceptions; appropriations.
(a) All correctional officers of the Department shall be required to complete a basic training program as a condition of employment or continued employment.
(b) All correctional officers shall be required to complete advanced annual training after having completed the basic training program.
(c) The Department shall be responsible for administering the mandatory basic and advanced training programs for all correctional officers with responsibility and authority to obtain professional assistance from other sources to accomplish the purposes and objectives of the programs.
(d) There will be no exceptions granted to any correctional officer employed by the Department from the training provisions established by this section.
(e) The General Assembly shall appropriate each year to the Department of Correction such funds as are necessary for the purpose of carrying out this section.
Del. Code tit. 11, § 6570 Title.
This subchapter may be cited as the “Interstate Corrections Compact.”
Del. Code tit. 11, § 6571 Interstate Corrections Compact.
The Interstate Corrections Compact is enacted into law and entered into by this State with any other states legally joining therein in the form substantially as follows:
INTERSTATE CORRECTIONS COMPACT
ARTICLE I Purpose and Policy
The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.
ARTICLE II Definitions
As used in this compact, unless the context clearly requires otherwise:
(a) “State” means a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.
(b) “Sending state” means a state party to this compact in which conviction or court commitment was had.
(c) “Receiving state” means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had.
(d) “Inmate” means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution.
(e) “Institution” means any penal or correctional facility, including but not limited to a facility for persons with mental illness or serious mental disorders, in which inmates as defined in subsection (d) of this article above may lawfully be confined.
ARTICLE III Contracts
(a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:
1. Its duration.
2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.
3. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.
4. Delivery and retaking of inmates.
5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.
(b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.
ARTICLE IV Procedures and Rights
(a) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III of this compact, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, receiving state to act in that regard solely as agent for the sending state.
(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.
(c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III of this compact.
(d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.
(e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.
(f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.
(g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.
(h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his or her status changed on account of any action or proceeding in which he or she could have participated if confined in any appropriate institution of the sending state located within such state.
(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his or her exercise of any power in respect of any inmate confined pursuant to the terms of this compact.
ARTICLE V Acts Not Reviewable in Receiving State; Extradition
(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.
(b) An inmate who escapes from an institution in which he or she is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.
ARTICLE VI Federal Aid
Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision, provided that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.
ARTICLE VII Entry into Force
This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any 2 states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.
ARTICLE VIII Withdrawal and Termination
This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until 1 year after the notices provided in said statute have been sent. Such withdrawals shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.
ARTICLE IX Other Arrangements Unaffected
Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a non-party state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.
ARTICLE X Construction and Severability
The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Del. Code tit. 11, § 6572 Powers.
The Commissioner of the Department of Correction is hereby authorized and directed to do all things necessary or incidental to the carrying out of the Compact in every particular.
Del. Code tit. 11, § 6573 Execution.
The Governor shall execute the Interstate Corrections Compact on behalf of this State with any of the United States legally joining therein.
Del. Code tit. 11, § 6575 Authorization.
Notwithstanding any law of this State to the contrary, if a treaty in effect between the United States and a foreign country provides for the transfer of convicted offenders to the country of which they are citizens or nationals, the Governor may authorize, on behalf of the State and subject to the terms of the treaty, the Commissioner of the Department of Correction to consent to the transfer of offenders and take any other action necessary to initiate the participation of this State in the treaty.
Del. Code tit. 11, § 6580 Established; composition; purpose [Repealed].
Del. Code tit. 11, § 6581 Sentencing guidelines [Repealed].
Del. Code tit. 11, § 6581A Additional duties of the Commission [Repealed].
Del. Code tit. 11, § 6582 Treatment Access Committee established [Repealed].
Del. Code tit. 11, § 6590 Comprehensive plan.
The Department shall develop a comprehensive plan for determining the need for establishing various types of correctional facilities, for selecting the location of a correctional facility, and for determining the size of the correctional facility. The comprehensive plan shall include procedures for evaluation of environmental, social, economic, transportation, land use, property value, public and social services impacts generated by the construction of a particular facility in any proposed location within the State. The comprehensive plan shall not be implemented until the General Assembly, by concurrent resolution adopted by a majority of those elected and serving in each house thereof by a roll call vote, approves the comprehensive plan.
Del. Code tit. 11, § 6591 Procedure.
(a) The Department shall determine the need for a correctional facility based upon the comprehensive plan developed pursuant to § 6590 of this title.
(b) Following a formal determination of need for such facility by the Department, the Department shall publish a notice in 2 newspapers of general circulation within this State that it proposes to establish a correctional facility in a particular town, city or county.
(c) In addition to the general notice specified in subsection (b) of this section, the Department shall further provide written notice within 30 days of the publishing of said general notice to the following officials:
(1) The state senator and the state representative representing the district or districts in the county and town or city where the proposed correctional facility is to be located.
(2) The chief elected official of the county and town or city in which the proposed correctional facility is to be located.
(3) Each member of the governing body of the county and town or city in which the proposed correctional facility is to be located.
(4) The president of the local school board of the school district or districts in the county and town or city in which the proposed correctional facility is to be located.
(5) The president of each state-supported college or university whose campus is located within the county, town or city where the proposed correctional facility is to be located.
(d) In addition to the notice required by paragraph (c)(3) of this section, the Department, on or before the date of the issuance of said notice, shall request the chief elected official of the county in which the proposed correctional facility is to be located to create a local advisory board to assist in the identification of potential sites for the correctional facility, to act as a liaison between the Department and the local community, and to ensure that the comprehensive plan is being followed by the Department. The advisory board shall consist of no less than 7 and no more than 11 citizens of the county, town or city in which the proposed correctional facility is to be located. The citizens appointed to the advisory committee shall be fairly representative, in terms of economic status, race, education and the like, of the population of the county, city or town where the proposed correctional facility is to be located.
(e) After the requirements of subsections (a), (b), (c) and (d) of this section are completed, and the Department has identified a potential site, the Department shall hold public hearing or hearings on at least 2 different dates in the city or town in which the potential site is located. If the potential site is in an unincorporated area, the public hearings shall be held in the county seat of the county in which the potential site is located. The Department shall participate in the hearings and shall make a reasonable effort to respond in writing to concerns and questions raised on the record at the hearings. The hearing shall not be held until the local advisory board created by subsection (d) of this section has organized or no sooner than 30 days after the notice is sent pursuant to subsection (c) of this section, whichever occurs first.
(f) The hearings to be conducted under subsection (e) of this section shall be open to the public and shall be held in a place available to the general public. Any person shall be permitted to attend a hearing except as otherwise provided herein. A person shall not be required as a condition of attendance at a hearing to register or otherwise provide the person’s name or other information. A person shall be permitted to address the hearing under written procedures established by the Department. A person shall not be excluded from a hearing except for a breach of peace actually committed at the meeting.
(g) The following provisions shall apply with respect to public notice of hearings required under this section:
(1) The public notice required under this section shall always contain the name of the Department, its telephone number and address.
(2) A copy of the public notice shall always be posted at the Department’s principal office and other locations considered appropriate by the Department.
(3) Public notice of the hearings required under this section shall be prominently posted in the office of the county clerk of the county in which the proposed facility is to be located at least 10 days prior to each hearing and shall state the date, time and place of the hearing. The required public notice of hearing shall also be published at least 10 days prior to the hearing in a newspaper of general circulation within the county in which the proposed facility is to be located.
(4) A public notice stating the date, time and place of the hearing shall be prominently posted at least 10 days before the hearing.
(h) Minutes of each hearing required under this section shall be kept by the Department showing the date, time, place, members of the local advisory board present, members of the local advisory board absent, and a summary of the discussions at the hearing. The minutes shall be public record open to public inspection and shall be available at the address designated on the posted public notices. Copies of the minutes shall be available from the Department to the public at the reasonable estimated cost for printing and copying.
(i) On the basis of the information developed by the Department during the course of the site selection process and after community concerns have been responded to by the Department pursuant to subsection (e) of this section, a final site determination shall be made by the Department for the proposed correctional facility. The Department shall make a finding that the site determination was made in compliance with this section.
Del. Code tit. 11, § 6592 Action for noncompliance with site selection process.
(a) Any person who resides in the city, town or county in which the Department has determined a need for a correctional facility may bring an action in a court of proper jurisdiction if the Department has not followed the site selection process set forth in this subchapter.
(b) An action brought under this section shall not be maintained if it is filed more than 60 days after the Department formally announces its final site selection.
Del. Code tit. 11, § 6593 Private detention facilities; conduct prohibited.
(a) This State, a unit of local government, or any agency, officer, employee, or agent thereof, may not do any of the following:
(1) Enter into an agreement for the detention of an individual in a detention facility owned, managed, or operated, in whole or part, by a private entity.
(2) Pay, reimburse, subsidize, or defray any cost related to the sale, purchase, construction, development, ownership, management, or operation of a detention facility that is or will be owned, managed, or operated, in whole or part, by a private entity.
(3) Receive per diem, per detainee, or any other payment related to the detention of an individual in a detention facility owned, managed, or operated, in whole or part, by a private entity.
(4) Give any financial incentive or benefit to any private entity or person in connection with the sale, purchase, construction, development, ownership, management, or operation of a detention facility that is or will be owned, managed, or operated, in whole or part, by a private entity.
(b) Nothing in this section prohibits this State or a unit of local government that owns, manages, or operates a detention facility from contracting with a private entity or person to provide ancillary services in that facility, such as, medical services, food service, educational services, or facility repair and maintenance.
Del. Code tit. 11, § 6594 Definitions.
As used in this subchapter:
(1) “Correctional officer” means any active, formerly-active, or retired individual who serves or served as a correctional officer or a probation and parole officer with the Department of Correction.
(2) “Department” means the Department of Correction.
(3) “Family” means as defined in § 901 of Title 10.
(4) “Government agency” includes all agencies, authorities, boards, commissioner, departments, institutions, offices, and any other bodies of this State created by the Constitution or statute, whether in the executive, judicial, or legislative branch; all units and corporate outgrowths created by executive order of the Governor or any constitutional officer, by the Supreme Court, or by resolution of the General Assembly; and agencies, authorities, boards, commissions, departments, institutions, offices, and any other bodies politic and corporate of a unit of local government, or school district.
(5) “Home address” includes a correctional officer’s permanent residence and any secondary residence affirmatively identified by the correctional officer, but does not include a correctional officer’s work address.
(6) “Online privacy vendor” means a company that specializes in or offers services that continuously conduct a basic search and removal of personal information from people finding and database websites.
(7) “Person” means as defined in § 302 of Title 1.
(8) “Personal information” means a home address, home telephone number, mobile telephone number, direct telephone number to a correctional officer’s private office, personal e-mail address, Social Security number, federal tax identification number, checking and savings account numbers, credit or debit card numbers, birth or marital records, property tax records, and identity of children under the age of 18.
(9) “Publicly-available content” means any written, printed, or electronic document or record that provides information or that serves as a document or record maintained, controlled, or in the possession of a government agency that may be obtained by any person, from the Internet, from the government agency upon request either free of charge or for a fee, or in response to a request under the Freedom of Information Act (Chapter 100 of Title 29).
(10) “Publicly post” or “publicly display” means to intentionally communicate or otherwise make available to the general public.
(11) “Written request” means written notice signed by a correctional officer or a representative of the correctional officer’s employer requesting a government agency or person to refrain from posting or displaying publicly-available content that includes the personal information of the correctional officer or of their family.
Del. Code tit. 11, § 6595 Applicability.
This subchapter applies to correctional officers who serve or served on or after February 8, 2026.
Del. Code tit. 11, § 6596 Public display or public posting of a correctional officer’s personal information by government agencies.
Government agencies may not publicly post or publicly display content that includes the personal information of the correctional officer or their family if the correctional officer has made a written request under § 6598 of this title that the government agency not disclose such personal information. After a government agency has received a written request, that agency shall remove the personal information from publicly-available content within 72 hours. After the government agency has removed the correctional officer’s personal information from publicly-available content, the agency shall not publicly post, display or otherwise release the information unless the government agency has received the correctional officer’s consent to make the personal information available to the public.
Del. Code tit. 11, § 6597 Public display or public posting of a correctional officer’s personal information by persons.
(a) Prohibited conduct. —
(1) No person shall publicly post or publicly display the personal information of a correctional officer or their family if the correctional officer has made a written request under § 6598 of this title of that person not to publicly post or publicly display.
(2) No person shall share, solicit, sell, or trade the personal information of a correctional officer or their family with the intent to pose an imminent and serious threat to the health and safety of the correctional officer or their family.
(b) Required conduct. —
(1) After a person has received a written request from a correctional officer to protect the personal information of the correctional officer or their family, that person must remove the personal information from public display within 72 hours or, in the case of a printed directory, no later than the next update to the directory.
(2) After a person has received a written request from a correctional officer, that person shall ensure that the correctional officer’s personal information is not publicly displayed, including on any website or subsidiary website controlled by that person.
(c) Remedies. —
(1) Equitable relief. —
A correctional officer or family member whose personal information is made public as a result of a violation of this subchapter may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. If the court grants injunctive or declaratory relief, the person responsible for the violation shall be required to pay the correctional officer’s costs and reasonable attorneys’ fees.
(2) Private right of action. —
A correctional officer or family member whose personal information is publicly posted or publicly displayed in violation of this subsection may bring an action in any court of competent jurisdiction. A prevailing plaintiff in such action shall be awarded damages in an amount not greater than 3 times the actual damages to the plaintiff and not less than $10,000.
(3) Criminal penalties. —
Public posting or display of a correctional officer’s personal information after receipt of a written request may result in criminal penalties under Title 11 where the statutory elements of a crime defined under that title are met.
(d) Affirmative defense. —
Nothing in this section shall be construed to limit or enlarge the protections that 47 U.S.C § 230 confers on an interactive computer service for content provided by another information content provider, as those terms are defined in 47 U.S.C. § 230.
Del. Code tit. 11, § 6598 Procedure for completing a written request.
(a) Requirement that a correctional officer make a written request. —
No government agency or person shall be found to have violated any provision of this subchapter if the correctional officer has not submitted a written request calling for the protection of the correctional officer’s personal information.
(b) Written request procedure. —
(1) A correctional officer’s written request is valid if any of the following occur:
a. The correctional officer sends a written request directly to a government agency or person.
b. The correctional officer files a written request with the Department for the Department to notify government agencies and persons.
(2) The Department shall develop a policy and procedure for a correctional officer to file a written request with the Department for the Department to notify government agencies and persons and shall enroll the correctional officer in the services of an online privacy vendor.
(c) In each quarter of a calendar year, the Department shall provide a list of all correctional officers who have submitted a written request to it, to the appropriate officer with ultimate supervisory authority for a government agency. The officer shall promptly provide a copy of the list to all government agencies under the officer’s supervision. Receipt of the written request list compiled by the Department by a government agency shall constitute a written request to that agency for the purposes of this subchapter.
(d) A representative from the correctional officer may submit a written request on the correctional officer’s behalf, provided that the correctional officer gives written consent to the representative and provided that the representative agrees to furnish a copy of that consent when a written request is made. The representative shall submit the written request as provided in subsection (b) of this section.
(e) Information to be included in the written request. —
(1) A correctional officer’s written request shall specify what personal information shall be maintained private.
(2) If a correctional officer wishes to identify a secondary residence as a home address as that term is defined in this subchapter, the designation shall be made in the written request.
(3) A correctional officer shall disclose the identity of the correctional officer’s family and indicate that the personal information of these family members shall also be excluded to the extent that it could reasonably be expected to reveal the personal information of the correctional officer.
(f) Duration of the written request, removal for cause, renewals, revocations, and good standing clause. —
(1) A correctional officer’s written request is valid for 2 years, unless the correctional officer is removed for cause or fired, in which case that correctional officer’s name must be immediately removed by the Department.
(2) A correctional officer may renew their written request an unlimited number of times so long as they remain employed with the Department.
(3) A correctional officer may revoke their written request by providing notice to the Department or the government agency, person, business, or association with written permission to release the private information.
(4) Any correctional officer who retires or leaves the Department in good standing is eligible to request a 2-year extension of their written request from the date of retirement or date of leave.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title11/c065/sc01/index.htmlFetched: 10/4/2026