CHAPTER 442

FORMERLY

HOUSE BILL NO. 524

AN ACT TO AMEND CHAPTER 43, TITLE 11, DELAWARE CODE RELATING TO PROBATION AND PAROLE COUNSELLORS OR OFFICERS.

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

Section 1. Amend Chapter 43, Title 11 by striking the phrase "Probation and parole counsellor" in its entirety wherever it appears therein and substituting in lieu thereof the phrase "Probation and parole officer".

Section 2. Amend Chapter 43, Title 11 by striking the phrase "probation counsellor" in its entirety wherever it appears therein and substituting in lieu thereof the phrase "probation officer".

Section 3. Amend §4321, Chapter 43, Title 11 by striking said section in its entirety and substituting in lieu thereof the following:

§4321. Probation and parole officers.

The Department and its probation and parole officers shall conduct such presentence and preparole investigations or perform such other duties under this chapter as may be ordered by the Court, Parole Board or Department; provided, however, that all presentence investigations and reports for the Superior Court and the Court of Common Pleas shall be prepared as provided in §4335 of this title. The Department shall furnish to each person released under the supervision of the Department a written statement of the conditions of his probation or parole and shall instruct him regarding these conditions. The officers, under the supervision of the Department, shall prepare an evaluation and plan of treatment aimed at the alleviation of those conditions which brought about the criminal behavior of each person in his charge, and shall attempt in each case to effect a satisfactory adjustment between the individual and his needs and the demands of society. The officers shall keep informed of the conduct and condition of persons in their charge, shall aid them to secure employment, shall exercise supervision over them, shall see that they are in compliance with and fulfill the conditions of their release and shall use all suitable methods to aid and encourage them to bring about improvement in their conduct and conditions and to meet their probation or parole obligations. A special condition of supervision may be set by orders of the Court, Board of Parole or the probation and parole officer acting under the authority of the Court or Board of Parole. Special conditions of supervision imposed by the probation and parole officer shall be in accordance with Department procedures and may be enforced in the interim period of final review by the Court or Board of Parole. The officer shall keep detailed records of their work, shall assist in the collection and dispersal of all monies in accordance with the orders of the Court and Department and shall make such reports in writing and perform such other duties which the rules and regulations of the Department require, or which the Court, the Board of Parole or the Commissioner may require. Probation and parole officers shall exercise the same powers as constables under the laws of this State and may conduct searches of individuals under probation and parole supervision in accordance with Department procedures while in the performance of the lawful duties of their employment and shall execute lawful orders, warrants and other process as directed to him by any Court, Judge or Board of Parole of this State; however, a probation and parole officer shall only have such power and duties if he participates in and/or meets the minimum requirements of such training and education deemed necessary by the Department and Board of Examiners."

Approved October 5, 1990.