CHAPTER 245

FORMERLY

SENATE BILL NO. 228

AS AMENDED BY HOUSE AMENDMENT NO. I

AN ACT TO AMEND TITLE 11. CHAPTER 65 OF DELAWARE CODE, TO CLARIFY THE CIRCUMSTANCES UNDER WHICH CLASS A FELONS AND FELONY SEX OFFENDERS MAY BE OUTSIDE THE CONFINES OF THE CORRECTIONAL INSTITUTION TO WHICH THEY ARE CLASSIFIED.

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

Section 1. Amend Title 11, Delaware Code, Chapter 65, $6537 by designating the existing section as (a) and by adding thereto a new subsection (b) as follows:

"(b) Notwithstanding any other provision of this Section or Title to the contrary, the Department shall have no authority to place any person convicted of a Class A felony, during the first ten years of said sentence, or of any A or B felony sex offense, during the first tcn years of said sentence, or any person sentenced pursuant to §4204(k) of the Title on any program or status beyond the confines of a secured Institution to which he or she must be classified. In the event of the death or serious illness of an immediate family member, or a similar emergency, the Commissioner of Correction shall have the authority to permit such person an escorted visit within the State under strict security. In the event that there exists extraordinary circumstances, excluding emergency situations authorized by the Commissioner pursuant to the previous sentence of this Subsection, and the Commissioner of Corrections agrees, he may petition the Superior Court, after notice to the Attorney General, for permission to exempt an Individual from the limitations contained in this Section."

Approved February 21, 1986.