CHAPTER 216 - JAILS AND WORKHOUSES

AN ACT AUTHORIZING THE APPOINTMENT OF A WARDEN FOR KENT COUNTY JAIL, DEFINING HIS POWERS AND DUTIES, AND PROVIDING FOR THE FORMULATION OF RULES AND REGULATIONS FOR SAID JAIL.

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

Section 1. That the Levy Court of Kent County is hereby authorized and empowered to appoint a Warden for Kent County Jail. Such appointment shall be made during the month of November, A. D. 1942, and said appointment shall become effective on the First Monday in January of 1943.

The person appointed as Warden shall be of good moral character and experienced in the detention and handling of prisoners. He shall occupy the office of Warden of Kent County Jail, and the Levy Court shall provide him with board and living quarters at the said Kent County Jail.

Section 2. The term of office of the said Warden for Kent County Jail shall be for six years, beginning the First Monday in January of 1943. The term of office of each succeeding Warden shall likewise be for six years. Any Warden shall be eligible to succeed himself.

Said Warden shall receive as his salary the sum of Two Thousand Dollars annually, payable at such times and in such sums as the Levy Court shall determine. The Levy Court of Kent County shall require the Warden so appointed to enter into bond with sufficient surety to the Levy Court of Kent County in the sum of Ten Thousand Dollars conditioned for the faithful discharge of his duties as such Warden of Kent County Jail.

Section 3. The Warden of Kent County Jail is hereby authorized and empowered to appoint a Deputy Warden and a sufficient number of keepers, not, however, to exceed eight in number. The Warden shall be responsible for the conduct of the Deputy Warden and the keepers so appointed.

The Deputy Warden shall be provided by the Levy Court with board and living quarters at the Kent County Jail, and shall receive for 'his services the sum of Twelve Hundred Dollars annually, payable as the Levy Court shall determine, and he shall hold office at the pleasure of the Warden.

The keepers shall likewise be appointed by the Warden and they shall receive for their services each the sum of One Thousand Dollars annually, payable as the Levy Court shall determine.

Section 4. The Warden shall formulate rules and regulations for the proper operation and maintenance of said Jail. Copies of such rules and regulations shall be posted at convenient places in the Jail. Before such rules shall become effective, the same shall be approved by one or more of the Judges of the Court of General Sessions of the State of Delaware. Any person charged with violating any rule or regulation shall after five days' notice be given a hearing before one or more of the Judges of the Court of General Sessions, and if such person so charged is found guilty of violating a rule or regulation, he shall be punished in such manner as the said Judge or Judges shall determine.

Section 5. The Levy Court of Kent County shall provide the Warden with a proper and suitable vehicle with which to convey prisoners to and from the County Court House at Dover for trial and other appearances before the Court, and for the transportation of any prisoner or prisoners to the New Castle County Work House when such prisoner or prisoners are committed by the Court thereto. The vehicle to be furnished shall be used for no purpose or purposes other than those herein specified, except as the Judges of the Court of General Sessions resident in Kent County shall direct. The said vehicle shall be operated by one of the keepers of said Jail and the said Warden shall be responsible for the safe transportation of prisoners to and from said County Court House, and for the safe delivery to the New Castle County Work House of prisoners sentenced thereto.

Section 6. All prisoners that may be sentenced or committed by a magistrate in Kent County shall be delivered by the officers having them in charge, to the Warden of the Kent County Jail, and all prisoners, that may be sentenced or committed by the Court of General Sessions in and for Kent County and the Court of Oyer and Terminer held in Kent County, shall, except as by law otherwise provided, be committed to the custody of the Warden of the Kent County Jail, for carrying into effect sentences imposed.

The said Warden shall have exclusive charge, control, and custody of all prisoners in the Kent County Jail, and shall safely keep them for the residue of their terms of imprisonment, respectively, or until they be duly discharged.

All judgments or sentences considered and imposed by any court sitting in and for Kent County, upon every person convicted of any crime, which judgments or sentences shall include, in whole or in part, either the corporal punishment of such convict or the hanging of such convict, shall be carried out and executed by the Warden of the Kent County Jail.

Section 7. On and after the First Monday in January, 1943, the board of prisoners shall be furnished by the Warden under the direction and control of the Levy Court of Kent County. All food necessary to properly feed the prisoners shall be purchased by the Warden by and with the approval of the Levy Court of Kent County and all charges therefor shall be paid by the Levy Court of Kent County.

Section 8. Whenever any vacancy shall occur in the office of Warden for any cause or reason- whatsoever other than the expiration of the term of office of said Warden a new Warden shall be appointed for the unexpired term of six years by a majority of the Judges of the Court of General Sessions of the State of Delaware, not less than three of whom shall occur* in said appointment.

*So enrolled.

No Warden shall be removed for any cause except upon the verdict of three Judges of the Court of General Sessions of the State of Delaware who shall have power to hear and determine any charges placed against the Warden. Any Warden who shall be removed as a result of the findings by the said Judges of the Court of General Sessions shall be replaced by; said Judges as first hereinabove provided in this Section.

Approved May 14, 1941