CHAPTER 704

SENATE BILL NO. 725

AS AMENDED BY SENATE AMENDMENT NO. 2

AND HOUSE AMENDMENT NO. 1

AN ACT TO AMEND SUBCHAPTER VII, CHAPTER 65, TITLE 11, DELAWARE CODE, RELATING TO FURLOUGHS FOR INMATES WITHIN THE DELAWARE CORRECTIONAL SYSTEMS.

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

Section 1. Amend §6538 of Subchapter VII, Chapter 65, Title 11, Delaware Code by striking said Section in its entirety and substituting in lieu thereof a new section 6538 to read as follows:

"6538. Furloughs.

(a) The Department shall promulgate strict rules and regulations subject to the approval of the Institutional Release Classification Board under which inmates, as part of a program looking to their release from the custody of the Department, or their treatment, may be granted temporary furloughs from the institution to visit their families or to be interviewed by prospective employers.

(b) In the case of death, furloughs shall only be granted to an inmate for his immediate family which would include said inmate's mother, father, son, daughter, brother, sister, husband or wife. An inmate shall only be granted a furlough to attend a private viewing or wake with his immediate family. The Institutional Release Classification Board, or the Warden in charge of the Institution, in cases of emergency, shall set the conditions of an inmate's furlough, including the determination of whether the inmate should be handcuffed to the officer and when such action should take place.

(c) Inmates taking part in choral presentations and other legitimate programs shall be escorted by custodial officers whenever leaving the institution. Transportation and custodial costs shall be borne by the individuals or groups requesting the inmate's appearance and shall not be at the state's expense."

Approved August 5, 1976