CHAPTER 378

FORMERLY

HOUSE BILL NO. 621

AN ACT TO PROVIDE A SUPPLEMENTARY APPROPRIATION TO THE DIVISION OF ADULT CORRECTIONS OF THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES, WHICH APPROPRIATION SHALL BE EXPENDED SOLELY FOR EXPENSES INCURRED IN THE LEGAL DEFENSE OF CERTAIN EMPLOYEES.

WHEREAS, several State employees, employed at the Delaware Correctional Center, face criminal charges arising from the accusations of inmates at the Center and will each soon be tried on four separate charges on offenses which are alleged to have occurred during a riot at the prison on September 2; and

WHEREAS, when indigent members of the community face criminal charges and state they do not have money enough to obtain a satisfactory legal defense they are provided with a full defense by the Office of Public Defender; and

WHEREAS, the State has only recently expended many thousands of dollars, including the fees of private attorneys, for a defendant charged with murder in Sussex County; and

WHEREAS, in the trial of Captain Webb and the forthcoming trial of other employees of the Delaware Correctional Center, the State has provided and continues to provide legal counsel for the prisoners and has, through the office of Attorney General, proceeded to prosecute the case against the correctional officers; and

WHEREAS, such expenditures by the State on behalf of the prisoners and on behalf of the prosecution should be at least partially off-set by an appropriation which would be used solely for the defense of Captain Webb and the other correctional officers.

NOW THEREFORE:

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

Section 1. The sum of five thousand dollars ($5,000) is hereby appropriated to the Division of Adult Corrections of the Department of Health and Social Services; which sum shall be utilized as a common fund from which the Delaware Correctional Center employees facing trial on charges arising from the September 2 riot may freely draw. However, the fund may not be used for future or expected expenses. All funds hereby allocated shall be used solely for expenses connected with the said trials.

Section 2. This Act is a supplementary appropriation act and funds hereby appropriated shall be paid from the General Fund of the State Treasury from moneys not otherwise appropriated.

Section 3. The funds herein appropriated shall be expended only in the manner set forth in Section 1, and any funds appropriated but unexpended by June 30, 1973 shall thereupon revert to the General Fund of the State Treasury.

Approved May 1, 1972.

Section 4. In the event the salary and wage appropriation of a department is insufficient to permit the payment of the increases after reasonable allowance is made for salary savings, the Budget Commission may, upon recommendation of the Office of Personnel, for those departments covered under the provisions of Section 1 and upon the recommendation of the Budget Director for those departments covered under the provisions of Section 2, transfer such sums as it may deem necessary into the salary and wage appropriation of such department from the funds set forth in Section 3.

Section 5. The funds appropriated herein shall be paid by the State Treasurer from General Fund monies not otherwise appropriated.

Section 6. The funds appropriated herein shall be considered a supplementary appropriation for the fiscal year beginning July 1, 1971, and funds remaining unexpended on June 30, 1972, shall revert to the General Fund.

Approved April 28, 1972.