CHAPTER 469

FORMERLY HOUSE BILL

NO. 891 AS AMENDED BY

HOUSE AMENDMENT NO. 3

AN ACT TO AMEND SUBCHAPTER VII, CHAPTER 43, TITLE 11, DELAWARE CODE, RELATING TO DIMINUTION OF CONFINEMENT OF ADULT PRISON INMATES.

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

Section 1. Amend subchapter VII, Chapter 43, Title 11, Delaware Code, by adding a new Section 4374 thereto to read as follows:

§ 4374. Reduction of confinement for rehabilitative achievement

An adult committed to the Department may earn reduction of his confinement by exemplary achievement in rehabilitation programs offered by the Department. The Department shall publish regulations setting forth criteria for such persons to achieve reductions in confinement time hereunder. Provided, that no adult inmate may receive a reduction under this section unless he has shown satisfactory progress in a rehabilitation program approved by the Department. Provided further, that no reduction of incarceration shall exceed five (5) days for each month of sentence imposed. No award of any reduction of confinement time under this section shall be granted until approved by the Secretary of Health and Social Services, who must give his approval to a reduction if he is satisfied that an adult inmate has satisfactorily progressed in an approved program of rehabilitation in accordance with regulations promulgated pursuant to this section. Every adult inmate shall be given the opportunity to participate in an approved rehabilitation program subsequent to conviction, subject to limitations of time, facilities, budget, and personnel.

Section 2. This Act shall take effect when the Secretary of

Health and Social Services issues a written order stating that one or more rehabilitative programs are being offered to adult inmates committed to the Department and that he has promulgated regulations pursuant to this Act.

Approved June 26, 1972.