CHAPTER 168

JAILS AND WORKHOUSES

APPOINTMENT OF WARDEN FOR KENT COUNTY JAIL AUTHORIZED

AN ACT TO AMEND AN ACT ENTITLED "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," SAME BEING CHAPTER 216, VOLUME 43, LAWS OF DELAWARE, BY FURTHER DEFINING THE POWERS, DUTIES AND RESPONSIBILITIES OF THE LEVY COURT OF KENT COUNTY, THE SHERIFF OF KENT COUNTY AND THE WARDEN FOR KENT COUNTY JAIL.

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

Section 1. That Chapter 216, Volume 43, Laws of Delaware, be and the same is hereby amended by striking out all of Sections 2, 3, 4, 5, 6, 7 and 8 thereof and by inserting in lieu thereof new Sections designated as Sections 2 to 15 inclusive as hereinafter set forth.

Section 2. The person appointed Warden, as above provided, shall be of good moral character and experienced in the detention and handling of prisoners. He and his immediate family, which shall comprise his wife or housekeeper and his minor children only, shall occupy the official living quarters in the jail, which along with board, for him and his immediate family, shall be furnished by the Levy Court and paid for by funds provided by the County.

Section 3. The term of office of the said Warden for Kent County Jail shall be for six years, beginning the first Monday in January, 1943, and the term of office of each succeeding Warden shall likewise be for six years.

Section 4. In addition to the living expenses enumerated in Section 2, said Warden shall receive as an additional compensation for his services, the sum of Two Thousand Dollars annually, payable in equal monthly installments.

Section 5. 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. Said bond shall be approved by the Resident Judge of Kent County, and shall be recorded and indexed in the Continuance Docket in the Prothonotary's office for Kent County.

Section 6. The Warden above referred to is hereby authorized to appoint a Deputy Warden and a sufficient number of other employes to be used in a clerical capacity, or as keepers, or as both, to properly conduct the operation of the jail. The force referred to in this paragraph is not, however, to exceed six in number, exclusive of the Deputy Warden, and the Warden shall be responsible for the well conduct of the said Deputy Warden and the other employes so appointed.

In addition to the employes referred to above, the Levy Court of Kent County is authorized to appoint two additional employes, if it be by said Court deemed advisable to further the well conduct of the County affairs, for such time and at such salary as the Levy Court may direct, and said Court is authorized to pay same out of any County funds not otherwise appropriated.

Either the Warden or the Deputy Warden shall, at all hours of the day or night, be present on the jail property in order to more efficiently care for the operation of the institution. The Deputy Warden and other employes herein referred to shall receive for their services an annual salary to be fixed by the Levy Court of Kent County, said salary to be paid out of County funds by the said Levy Court, in equal monthly installments.

Section 7. Said Deputy Warden and the six other employes referred to in the first paragraph of Section 6 hereof shall hold office at the pleasure of the Warden, but shall not be discharged except for an infraction of the rules and if he be charged with the violation of any rule and discharged therefor, as herein provided, he shall, if he so elect, after five days written notice to the Court, be given a hearing before at least three of the Judges of the Court of General Sessions in and for Kent County, which said Court shall either find the discharge justified or otherwise and take appropriate action thereunder.

Section 8. The Warden shall formulate written rules and regulations for the proper operation and maintenance of said jail as to the safe keeping of all prisoners. One set of rules shall apply to the conduct of prisoners, and one set of regulations shall define the duties of the Deputy Warden and other employes. These rules and regulations are to be as comprehensive as possible: Before such rules and regulations, however, shall become effective, the same shall be approved by the Associate Judge of the State of Delaware, Resident in Kent County. The said rules and regulations, aforesaid, when approved in the manner aforesaid, may be added to or amended or repealed, subject to the same procedure or provisions as applicable to the proper adoption of the original rules and regulations hereunder.

Section 9. A]] prisoners that may be sentenced or committed by a Justice of the Peace or by a duly qualified Alderman of any City or Town in Kent County may be delivered by the officer or 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 Common Pleas of Kent County, 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 the sentence imposed.

Under the provisions of this section, the board and lodging of all prisoners, sentenced and committed by a duly qualified Alderman of any City or Town in Kent County, shall be paid by said City or Town to the Levy Court of Kent County. The amount of said board and lodging is to be determined by the Levy Court. All moneys received under the provisions hereof shall be turned over by said Levy Court to the Receiver of Taxes and County Treasurer for Kent County to be by him deposited to the credit of the General Fund of said County.

All prisoners now incarcerated in Kent County Jail, having been sentenced by the various Courts to the custody of the Sheriff of Kent County are hereby transferred by operation of law to the custody of the Warden of the Kent County Jail to be by him retained until such time as their original sentence shall have been carried into effect, unless otherwise provided by law.

Section 10. The said Warden, except as otherwise herein provided shall have charge, control and custody of all prisoners in Kent County Jail, and shall safely keep them for and during their terms of imprisonment, respectively, or until they be duly discharged.

The said Warden be and he is hereby authorized and empowered, under regulations promulgated by and under the direction of the Kent County Levy Court, to engage employment for any prisoner entrusted to his care in the trustworthiness of whom he is satisfied, from time to time, at such wages, and for such length of time and at such places as may be deemed advisable by the Levy Court during the term of the sentence of said prisoner. The employment referred to above, however, shall not extend beyond the boundaries of Kent County, and the moneys received for their services shall be allocated as the Levy Court may direct.

All prisoners incarcerated in Kent County Jail shall be compelled to labor at some inside or outside employment, if so directed by the Warden, under the rules referred to above, each day, Sundays excepted, unless said prisoner be physically unfit, and it shall be the duty of the Warden to collect the wages or compensation for the employment of said prisoner or prisoners, and to return such proportion of same to the County Treasurer, and to give such proportion of same to the prisoner at such time and in such proportions and amounts as the Levy Court of the County may direct. Any employer, or any other person, who, through negligent control of said prisoner, or otherwise, shall counsel, advise, aid, assist, abet, or procure the escape of any prisoner employed outside the jail shall be guilty of a misdemeanor, and shall either be fined or imprisoned, or both fined and imprisoned at the discretion of the Court.

Any prisoner employed under the provisions of this Act shall be considered as in the legal custody of the said Warden, notwithstanding his, or her, absence from the jail by reason of such employment, and any employer of any such prisoner shall be considered as to him or her the representative of, or keeper for said Warden.

Section 11. 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 person so convicted or the hanging of such person so convicted, shall be carried out and executed by the Warden of the Kent County Jail.

Section 12. 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 and all supplies and equipment for the jail or the prisoners or the keepers, of whatever nature, as well as all repairs for the jail and its furnishings and equipment shall be purchased by the Warden, under the direction and control of the Levy Court of Kent County, and all charges therefor shall be paid by the Levy Court from County funds.

Section 13. 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, by a majority of the Judges of the Court of General Sessions of the State of Delaware, not less than three of whom shall concur in said appointment. 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 said Warden. Any Warden who shall be removed as a result of the findings by the said Judge of the Court of General Sessions shall be replaced by said Judges as hereinbefore provided.

Section 14. The Levy Court of Kent County, except as herein otherwise provided, shall have complete control and management of the said Kent County Jail. It shall provide suitable tools, implements, food, raiment, and all other necessary things for the safe keeping, maintenance and betterment of the inmates of said jail. It shall keep or have kept accurate books of account, showing in reasonable detail all items of the receipt and the expenditures of money in account with said jail and they shall be the sole authority for the expenditure of the moneys of Kent County incidental thereto.

Section 15. All custody and control whatever of prisoners in Kent County heretofore vested in the Sheriff of Kent County is hereby transferred to the Warden of Kent County, and all power heretofore vested in the Levy Court of Kent County in reference to same is specially retained by said Levy Court, in addition to the powers and duties herein vested in said Levy Court.

All acts or parts of acts inconsistent herewith are hereby repealed insofar as the inconsistency may exist only.

Approved January 27, 1943.