CHAPTER 259

FORMERLY

HOUSE BILL NO. 820

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND SUBCHAPTER VII, CHAPTER 65, TITLE 11 OF THE DELAWARE CODE, RELATING TO AUTHORITY OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTION TO ESTABLISH A SUPERVISED CUSTODY PROGRAM PERMITTING THE SUPERVISED PLACEMENT OF CERTAIN TRUSTWORTHY INMATES INTO THE COMMUNITY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subchapter VII of Chapter 65, Title 11 of the Delaware Code by renumbering current Section No. 6539 as 6540 and adding a new Section 6539 which shall be entitled "Supervised Custody Program," and which shall read as follows:

"(a) Notwithstanding any provision of this Title to the contrary, the Department may place inmates outside the institutions and facilities under the jurisdiction of the Department.

(b) The Department shall establish rules and regulations governing the eligibility of inmates for such placement and governing the conduct of inmates so placed.

(c) No inmate shall be placed in the Supervised Custody Program established by this Section unless, in addition to meeting eligibility requirements imposed by Departmental rules or regulations, the Department, in its discretion, determines that an inmate is trustworthy and does not pose a threat to the safety of the community.

(d) Any inmate released from incarceration pursuant to this Section shall continue to be in the legal custody of the Department, notwithstanding his absence from a correctional institution.

(e) If any person released pursuant to this Section shall violate any of the conditions of his release, he shall immediately be returned to incarceration. Nothing in this Section shall limit the discretion of the Department to return persons released pursuant to this Section to incarceration. Placement into the Supervised Custody Program shall be a privilege, not a right or entitlement, which may be withdrawn by the Department, in its absolute discretion. There shall be no Judicial review of the refusal by the Department to place any inmate into the Supervised Custody Program; nor shall there be any judicial review of the withdrawal of such privilege by the Department.

(f) Notwithstanding any provision of this Title to the contrary, persons convicted of Class A felonies, persons detained in default of ball, and persons sentenced to minimum mandatory terms of incarceration shall not be eligible for the Supervised Custody Program."

Section 2. Amend 54204, Chapter 42, Title 11, Delaware Code by adding thereto a new subsection (k):

"(k) The Court may direct as a condition to any sentence of imprisonment that the Department of Corrections shall not permit an offender to be furloughed or be allowed to participate in work release or supervised custody outside the prison institution or facilities."

Approved June 17, 1980.