CHAPTER 289

FORMERLY

HOUSE BILL NO. 603

AN ACT TO AMEND CHAPTER 65, TITLE 11 OF THE DELAWARE CODE RELATING TO THE ESTABLISHMENT AND COLLECTION OF SUPERVISION FEES BY THE DEPARTMENT OF CORRECTION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of all members elected to each House thereof concurring therein):

Section 1. Amend §6504, Title 11 of the Delaware Code by inserting new paragraph (14) to read as follows:

"(14) Collecting as a condition of supervision, a fee based on the accountability

Level of the offender. An offender sentenced to an

Accountability Level I sanction shall be charged a $10.00 monthly fee; an offender sentenced to an Accountability Level II sanction shall be charged a $20.00 monthly fee; and an offender sentenced to an Accountability Level III sanction shall be charged a $25.00 monthly fee. The Director of Community Services shall develop policies and procedures with regard to determining an offender's ability to pay the monthly fee. Such policies and procedures shall be applied on a consistent basis to all offenders, and shall be subject to approval by the Commissioner of Correction. In the event the department determines an offender is unable to pay the monthly fee due to lack of employment or other significant extenuating circumstances, such as an offender's responsibility to remit payment for victim compensation, restitution, or child support, said inability shall not constitute a violation of supervision. The offender shall remain liable to pay the fee at such time as the department determines he or she is able to do so."

Approved July 1, 1992.