CHAPTER 705

SENATE BILL NO. 726

AN ACT TO AMEND SUBCHAPTER VI, CHAPTER 65, TITLE 11, DELAWARE CODE, RELATING TO WORK RELEASE PROGRAMS AND POLICIES AND ATTENDING EDUCATIONAL CLASSES OUTSIDE CONFINES OF THE CORRECTIONAL INSTITUTION.

Be it enacted by the General Assembly of the State of Dela ware:

Section 1. Amend §6533 of Subchapter VI, Chapter 65, Title 11, Delaware Code by striking said section in its entirety and substituting in lieu thereof a new section 6533 to read as follows:

"0533. Outside employment; work release.

(a) The Department shall adopt rules and regulations governing the employment of trustworthy inmates outside the institutions and facilities under the jurisdiction of the Department. Said Department shall adopt policies and procedures outlining the latitude and limitations of employers who utilize the service of inmates and provide provisions for any violation by said employer.

(b) Any inmate employed under the provisions of subsection (a) of this section shall continue to be in the legal custody of the Department, notwithstanding his absence from an institution by reason of such employment and any employer of any such person shall be considered the representative of, or keeper for, the Department.

(c) Whoever, being an employer or other person, through negligent control of the inmate or otherwise permits, or whoever counsels, advises, aids, assists, abets or procures the escape from the legal control of the Department of any inmate employed under this subchapter shall

be fined, or imprisoned, or both."

Section 2. Amend Subchapter VI, Chapter 65, Title 11, Delaware Code by adding thereto a new section to be designated as Section 6533A to read as follows:

"§6533A. Outside Education.

(a) The Department shall adopt rules and regulations governing the education of trustworthy inmates under the jurisdiction of the Department, except that whenever the Department requests placement of inmates in a school of a recognized school district, the approval of the Board of Education of that district shall be a prerequisite to such placement, and tuition shall be paid under the terms of Chapter 6 of Title 14.

(b) Any inmate being educated under the provisions of subsection (a) of this section shall continue to be the legal custody of the Department, notwithstanding his absence from an institution by reason of such education, and any educator of any such person shall be considered the representative of, or keeper for, the Department.

(c) Whoever, being an educator or other person, through negligent control of the inmate or otherwise permits, or whoever counsels, advises, aides, assists, abets or procures the escape from the legal control of the Department of any inmate being educated under this subchapter shall be fined, or imprisoned, or both."

Approved August 5, 1976