CHAPTER 741

FORMERLY

SENATE JOINT RESOLUTION NO. 58

PROVIDING FOR THE ESTABLISHMENT OF A SPECIAL AD HOC COMMITTEE TO REVIEW THE PRISONERS' BILL OF RIGHTS WITH THE OBJECTIVE OF ASSURING THAT THE DOCUMENT CONFORMS WITH PRISONERS' BASIC CONSTITUTIONAL RIGHTS AND THAT THE PRISON ADMINISTRATION CAN ADEQUATELY AND SAFELY DEAL WITH DISCIPLINE AND SECURITY IN THE MOST EXPEDIENT MANNER POSSIBLE.

WHEREAS, the Senate of the 128th General Assembly passed Senate Resolution No. 127 on March 10, 1976, requesting the Council on Administration of Justice to review the Prisoners' Bill of Rights; and

WHEREAS, Chief Justice Daniel L. Herrmann, Chairman of the Council on Administration of Justice, has requested the Senate Committee on Corrections to be relieved of this task because most of the legally trained members of the Council are judges who could have potential conflicts of interest in the event the Bill of Rights is litigated; and

WHEREAS, the Senate Standing Committee on Corrections learned from its recent investigation that the Prisoners' Bill of Rights is causing great problems within the institution with respect to inmate discipline, security and morale problems; and

WHEREAS, many of the provisions of the Prisoners' Bill of Rights, particularly Rules 22 and 35 are embedded in federal case decisions.

NOW, THEREFORE:

eral Assembly of the State of Delaware, the Governor concurring therein, that a separate Ad Hoc Committee is hereby established for the purpose of reviewing the Prisoners' Bill of Rights with the objective of assuring that the Bill of Rights conforms with the inmates' basic constitutional rights and also assuring that the prison administration can adequately and safely deal with discipline and security in the most expedient manner possible.

BE IT FURTHER RESOLVED that the Committee shall be composed of five (5) members to be appointed by the Governor. The Committee shall select its own chairman. A majority of the members of the Committee shall be persons who are trained in law.

BE IT FURTHER RESOLVED that the Committee is authorized to hold such hearings as necessary, to require by subpoena or otherwise the attendance of such witnesses and the production of such books and documents as necessary, and to administer oaths and take testimony where necessary.

BE IT FURTHER RESOLVED that the Committee shall make its report to the Governor and members of the General Assembly on or before June 15, 1976.

Approved May 17, 1976