CHAPTER 5

PLACING JURISDICTION AND CONTROL OF SUSSEX

COUNTY PRISON IN THE LEVY COURT OF SUSSEX COUNTY

AN ACT TO REPEAL CHAPTER 71, TITLE 11, OF THE DELAWARE CODE ENTITLED "SUSSEX COUNTY PRISON, PRISON FARM, COURT HOUSE AND COURT HOUSE ANNEX" BY PLACING JURISDICTION AND CONTROL OF THE SUSSEX COUNTY PRISON, PRISON FARM, COURT HOUSE AND COURT HOUSE ANNEX IN THE LEVY COURT OF SUSSEX COUNTY.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 71, Title 11, of the Delaware Code is hereby repealed.

Section 2. Chapter 61, Title 9, Delaware Code of 1953, is amended by adding a new sub-chapter IV to be entitled "Sussex County Prison and Farm, Court House and Annex" as follows:

§ 6151. General powers, duties, and jurisdiction over the prison, prison farm, court house and court house annex

The Levy Court shall have full and complete jurisdiction and control over the prison, prison farm and ' land leased in connection therewith, court house and court house annex of Sussex County and over all personal property and equipment used in connection with the property committed to its jurisdi* tion; and, in this connection, the Levy Court shall have and assume all of the jurisdiction, powers and duties heretofore exercised by or vested in the Board of Trustees except as otherwise provided in this chapter.

The Levy Court may acquire by lease, purchase or otherwise all necessary lands and buildings and all equipment, food, food stuffs, uniforms, clothing, books, ledgers, stationery and all other articles and things necessary for the carrying out of

the duties imposed by this chapter. All contracts and engagements for the erection or repair of buildings or for the purchase of equipment and supplies, where the probable amount shall be in excess of fifty dollars ($50.00), shall be submitted to public bidding after due advertising and shall be awarded to the lowest responsible bidder, unless for reasons deemed expedient by the Levy Court.

§ 6152. Employment of wardens and others

The Levy Court may appoint, fix their terms of service and their compensation, and for cause deemed sufficient by the Levy Court, dismiss all wardens, deputies, guards, keepers, farm overseers, janitors, physicians, chaplains and other necessary agents and servants ; and it may provide the warden of the prison and such other deputies or assistants as it shall deem proper with food and living quarters at the prison farm.

§ 6153. Rules and regulations

The Levy Court shall make and promulgate rules and regulations for--

(1) The proper care, maintenance and operation of the prison, prison farm, court house, court house annex and other property and equipment ;

(1) The behavior, care and custody of the prisoners committed to such prison ;

(2) The working of such prisoners on the prison farm or elsewhere ; and

(3) Compensating prisoners for their labor if it is deemed expedient, the payment of such compensation to be made to such prisoners during their term, withheld until the term of imprisonment shall have expired or be paid from time to time to their dependent families.

§ 6154. Crops from prison farm; proceeds from crops

The Levy Court, with the advice of the farm overseer, shall

determine the crops to be planted and grown on the prison farm

or land held under lease and the acreage for each crop. The produce of the prison farm or the proceeds from the sale thereof shall be used so far as it be deemed expedient to feed the prisoners committed to the prison.

§ 6155. Execution of punishment

Corporal and capital punishment shall be executed by the warden of the prison.

Section 3. This Act shall take effect thirty (30) days following its enactment, into law, and by that date the Board of Trustees of the Prison, Prison Farm, Court House and Courthouse Annex of Sussex County shall complete the transfer of all of its powers, duties and records to the Levy Court of Sussex County.

Approved March 7, 1955.