CHAPTER 703

SENATE BILL NO. 724

AN ACT TO AMEND SUBCHAPTERS V AND VI OF CHAPTER 65, TITLE 11, DELAWARE CODE, RELATING TO THE ESTABLISHMENT OF TWO SEPARATE CLASSIFICATIONS COMMITTEE.

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

Section I. Amend Subchapter V, Chapter 65, Title 11, Delaware Code by adding thereto a new section to be designated as Section 6528 which shall read as follows:

"§6528. Institutional Classification Board; Institutional Release Classification Board.

(a) The Department shall classify persons in the several institutions and facilities by the use of two separate and distinct classification boards to be known as The Institutional Classification Board and The Institutional Release Classification Board with powers and responsibilities delineated in Subchapter VI.

(I) The Institutional Classification Board shall be responsible for the classification of all inmates residing and remaining in the several institutions and facilities.

(2) The Institutional Release Classification Board shall be responsible for the classification of all inmates that are being considered for release from the several institutions and facilities under the jurisdiction of the department.''

Section 2. Amend §6529 of Subchapter VI, Chapter 65, Title II, Delaware Code by striking said Section in its entirety and substituting two new sections to be designated as Sections 6529 and 6529A to read as follows:

"§6529. Institutional Classification Board.

(a) The Institutional Classification Board shall classify persons in the several institutions and facilities and shall promulgate regulations in accordance with which one or more classification committees shall be organized and operated not inconsistent with §6528 (a) (1).

(b) Said board's purpose is the organization and harmony of inmate life (e.g. determining maximum or minimum security).

(c) The Institutional Classification Board shall consist of an equal number of individuals from both the custodial staff and the treatment staff.

(d) The warden shall maintain the power to veto decisions of the board.

§6529A. Institutional Release Classification Board.

(a) The Institutional Release Classification Board shall classify any and all inmates seeking release from an institution for whatever reason.

(b) The Institutional Release Classification Board shall consist of seven members; two members each from the custodial staff and treatment staff as well as three individuals to be appointed by the Council on Administration of Justice and whose terms shall run concurrently with that of the membership of said Council.

(c) The three individuals to be appointed by the Council on Administration of Justice shall receive compensation in the amount of $75.00 per meeting. However, no member so appointed shall receive compensation in excess of $3,000 per annum.

(d) The warden of the institution shall possess veto power over decisions of the board and also shall possess discretionary authority to grant a furlough in the event of the sudden death of a member in an inmate's immediate family."

Approved August 5, 1976