CHAPTER 116 – SHERIFFS - SHERIFF OF KENT COUNTY AUTHORIZED TO WORK PRISONERS UNDER CERTAIN CIRCUMSTANCES

AN ACT AUTHORIZING AND EMPOWERING THE SHERIFF IN AND FOR KENT COUNTY TO WORK PRISONERS UNDER CERTAIN CIRCUMSTANCES AND CONDITIONS AND TO RETAIN MONEY OF PRISONERS FOR FINES

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That the Sheriff in and for Kent County be and he is hereby authorized and empowered to engage employment for any prisoner entrusted in his care, the trustworthiness of whom he is satisfied, for such length of time as he may deem advisable during the term of the sentence of said prisoner.

Section 2. The employment referred to in Section 1 of this act shall not extend beyond the boundaries of Kent County and the said prisoner so employed shall not leave the Kent County jail before the hour of six A. M. and must return by the hour of seven P. M. during any and all days said prisoner is employed, as aforesaid.

Section 3. It shall be the duty of the Sheriff of Kent County to collect the wage or compensation for the employment of said prisoner or prisoners and payment to the said Sheriff aforesaid shall constitute a full and complete payment by any employer.

Section 4. The Sheriff shall account for any and all sums collected under this act in the following manner:

(a) The Sheriff shall pay the cost of prosecution and any fine imposed upon said prisoner under the sentence of the court for the offence for which said prisoner is incarcerated.

(b) After the payment of costs and fine, aforesaid, the Sheriff shall pay to the party or parties wronged such a sum that is determined by the court to be proper restitution to said wronged party or parties. This sum to be arrived at after a hearing is held by the court imposing sentence, at which time the prisoner is present or duly represented.

(c) The balance or remainder in hand after complying with (a) and (b) aforesaid, shall at the expiration of the term of sentence of the prisoner, be paid by the Sheriff to said prisoner and at the same time, the Sheriff shall render an account or statement to said prisoner setting forth the total amount collected under this act by the Sheriff and the Sheriff's distribution thereof.

All acts or parts of acts inconsistent with this act are hereby repealed.

Approved May 7, 1941.