CHAPTER 181

FORMERLY

HOUSE BILL NO. 227

AS AMENDED BY

HOUSE AMENDMENT NO. 1 AND

SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF CORRECTION.

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

Section 1. Amend § 6533(d), Chapter 65, Title 11, Delaware Code, by striking said subsection in its entirety and substituting in lieu thereof the following:

"(d) Notwithstanding any other provision of this section or title to the contrary, no person shall be permitted work release under this section, until such person is within 6 months from the date of his release from custody, as determined by the Department, if the person is:

(1) Serving a sentence imposed for a class A felony; or

(2) Serving a sentence imposed pursuant to Section 4214 of this Title; or

(3) Has previously been convicted of two or more of the following crimes set forth in this Title under sections:

513 Conspiracy first degree;

531 Any attempt to commit any crime listed in

this paragraph;

604 Reckless endangering first degree;

612 Assault second degree;

613 Assault first degree;

629 Vehicular assault first degree;

630 Vehicular homicide second degree;

630A Vehicular homicide first degree;

631 Criminally negligent homicide;

632 Manslaughter;

635 Murder second degree;

768 Unlawful sexual contact second degree;

769 Unlawful sexual contact first degree;

770 Unlawful sexual penetration third degree;

771 Unlawful sexual penetration second degree;

772 Unlawful sexual penetration first degree;

773 Unlawful sexual intercourse third degree;

774 Unlawful sexual intercourse second degree;

778 Continuous sexual abuse of a child;

782 Unlawful imprisonment first degree;

783 Kidnapping second degree;

783A Kidnapping first degree;

801 Arson third degree;

802 Arson second degree;

803 Arson first degree;

831 Robbery second degree;

832 Robbery first degree;

1108 Sexual exploitation of a child;

1254 Assault in a detention facility;

1302 Riot;

1312A Stalking;

1338 Bombs, incendiary devices, Molotov

cocktails and explosive devices;

1447 Possession of a deadly weapon during the

commission of a felony;

1447A Possession of a firearm during the

commission of a felony;

1448 Possession of a deadly weapon by a person

prohibited; or

3533 Aggravated Act of Intimidation."

Section 2. Amend § 6533, Chapter 65, Title 11, Delaware Code, by adding a new subsection (f) to rend as follows:

"(f) Notwithstanding any other provision of this section or title to the contrary, no person who has previously been convicted under sections 1252 or 1253 of this Title or any attempt to commit such crimes under Section 531 of this Title shall be permitted outside employment or work release under this section."

Approved July 10, 1995