CHAPTER 244

FORMERLY

HOUSE BILL NO. 288

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE II OF THE DELAWARE CODE RELATING TO CORRECTIONS; AND PROVIDING FOR A BOOT CAMP INTENSIVE INCARCERATION ACT.

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

Section 1. Amend Part IV, Title 11 of the Delaware Code by adding thereto a new chapter, designated as Chapter 67, which new chapter shall read as follows:

"CHAPTER 67. BOOT CAMP INTENSIVE INCARCERATION

§6701. Findings and Purposes

(a) The General Assembly hereby finds that certain offenders, especially young adults, respond positively to a short term military-type program which would provide for the restructuring of behavior through a highly-regimented routine of physical exercise, hard work, continued education, and substance abuse therapy. The General Assembly also finds that the cost of incarcerating the increasing number of criminal offenders in conventional prison facilities has been increasing annually, and there is an urgent need to develop and implement innovative and cost-effective options to alleviate prison overcrowding.

(b) This Chapter has the following purposes:

(1) Deterrence: to include a 'shock' component to give certain offenders, especially young first offenders, an advance warning of the unpleasant consequences of conventional imprisonment, in an attempt to discourage future criminal behavior;

(2) Cost effectiveness: to reduce future corrections expenses by utilizing cost avoidance as an effective strategy of cost savings and capital savings due to implementation of this Chapter.

(3) Rehabilitation: to develop a foundation on which a participant in the program can develop the self-control needed to meet daily stresses and challenges;

(4) Behavior modification: to instill more positive attitudes and behavior within each participant, which will be reflected, upon release, in less negative behavior and no subsequent arrests for violent crimes.

§6702. Definitions

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them herein, except where the context clearly indicates a different meaning:

(a) "Bureau" shall mean the Bureau of Prisons.

(b) "Department" shall mean the Department of Correction.

§6703. "Violent Crime" defined

(a) For purposes of this Chapter, the words "violent crime" shall mean: abuse of an infirm adult; abuse of a patient in a nursing facility; abuse of a patient causing injury; abuse of a patient causing death; adulteration causing death; adulteration causing injury; aggravated intimidation; arson in the first degree; arson in the second degree; assault in the first degree; assault in the second degree; assault in the third degree; assault in the first degree on K-9 dog causing, injury or death to the dog; assault on a K-9 dog with risk of injury to the dog; assault in a detention facility which causes injury; assault in a detention facility; assault on a sports official; bestiality; burglary in the first degree; burglary in the second degree;

CarjacIdng; carrying a concealed dangerous instrument; carrying a concealed deadly weapon (second offense); continuous sexual abuse of child; criminally negligent homicide; dealing with child pornography, second offense; delivering drug paraphernalia to a minor; delivery or distribution of narcotics within 1000 feet of a school; delivery or distribution of narcotics within 300 feet of a park; delivery or manufacture of narcotics causing death; delivery or manufacture or possession with intent to deliver narcotics (non-use); delivery or manufacture or possession with intent to deliver narcotics listed on schedule I or schedule II; delivery of narcotics to minor under 16 years of age; delivery of narcotics to minor; delivery of non-narcotic drugs to a minor under 16 years of age; delivery or distribution of non-narcotic drugs within 1000 feet of a school; delivery or distribution of non-narcotic drugs within 300 feet of parkland; delivery or manufacture or possession with intent to deliver a non-narcotic controlled substance; delivery or possession with intent to deliver a prescription body-building drug; possession of a destructive weapon; trafficking in drugs; reckless endangering;

Escape after conviction; escape in the second degree; extortion; possession of an explosive device;

Unlawful imprisonment; incest; kidnapping in the first degree; kidnapping in the second degree; manslaughter; manufacture or delivery or possession with intent to deliver any schedule 1 or schedule H narcotic; manufacture or delivery or possession with intent to deliver non-narcotics; manufacture or use or possession of explosives or an incendiary device; murder in the first degree; murder in the second degree;

Organized crime and racketeering; possession of a deadly weapon during the commission of a felony; possession of a destructive weapon; possession of a firearm during the commission of a felony; promoting prison contraband (weapon); promoting prostitution in the first degree;

Racketeering; reckless endangering first degree; reckless endangering in the second degree; riot; robbery in the first degree; robbery in the second degree; continued sexual abuse of child; unlawful sexual contact in the first degree; unlawful sexual contact in the second degree; unlawful sexual contact in the third degree; sexual exploitation of a child; sexual extortion; unlawful sexual intercourse in the first degree; unlawful sexual intercourse in the second degree; unlawful sexual intercourse in the third degree; unlawful sexual penetration in the first degree; unlawful sexual penetration in the second degree; unlawful sexual penetration in the third degree; stalking;

Terroristic threatening; trafficking in illegal drugs; unlawful delivery of a controlled substance; unlawful firearm transactions (second or subsequent offense); unlawful imprisonment in the first degree; unlawful transportation of a firearm to commit a felony; vehicular assault in the first degree; vehicular assault in the second degree; vehicular homicide in the first degree; vehicular homicide in the second degree; wearing body armor during felony.

§6704. Establishment of boot camp programs

(a) The Bureau of Prisons may establish one or more regimented boot camp inmate training programs. Subject to appropriations therefor, each such program shall include, but not be limited to:

(1) a military-style intensive physical training and discipline component;

(2) an educational and vocational component, emphasizing job-seeking skills;

(3) a health education component; and

(4) a substance abuse education and treatment component, which shall be structured as an integral part of the boot camp program.

(5) such other activities as may be deemed appropriate and effective by the Bureau.

(b) The Bureau may establish and enforce standards for the boot camp program, and each component set forth in paragraphs (1) through (5) of subsection (a).

(c) The boot camp facilities and all boot camp participants should be effectively separated from the general inmate population, and shall be supervised by a specially-trained staff.

(d) The boot camp program shall be six months in duration; provided however, that any participant who is assigned to the program shall remain in the program at least one month, unless the camp commander, in his or her discretion, determines otherwise. In exceptional cases, a participant may be retained in the program in order to join the next following class if the additional time spent in the program is, in the opinion of the Bureau, needed to allow such person to complete the program successfully after illness or other circumstance has delayed such person's normal progress through the program.

(e) Selection for participation in a boot camp program is a privilege, and not a right. No person has the right to participate in a boot camp program.

§6705. Sentencing: boot camp designation

(a) Each participant in the boot camp program shall have first been convicted of a criminal offense. The trial court, after receiving recommendations from the Attorney General at or before the time of sentencing, may designate an offender as "boot camp eligible." The trial judge shall have full discretion and authority to exclude any offender from eligibility if in the determination of the judge such offender would be inappropriate for placement in a boot camp. No person shall. be eligible for participation in any boot camp program, nor undergo classification for any boot camp program, nor participate in any boot camp program unless such person has been designated as boot camp eligible by the trial court. Where the Bureau believes an inmate would successfully complete the boot camp program, it may recommend such person's name to the trial judge, who may determine eligibility in accordance with the provisions of this Chapter.

(b) Notwithstanding the provisions of subsection (a), any person convicted for any of the following reasons shall not be eligible for boot camp participation:

(1) any person declared to be an habitual offender under §4214, Title 11 of the Delaware Code;

(2) any person who has ever been convicted of a violent crime;

(3) any person convicted of escape after conviction or escape in the second degree;

(4) escape in third degree, as a second offense.

(c) The selection of boot camp participants shall be made by the Bureau from those offenders designated by the Courts as boot camp eligible. However, satisfying the statutory qualifications for admission to the boot camp program does not mean an offender will automatically be permitted to participate in the program.

§6706. Criteria for Selection and Classification by the B reau

In order for a person to be eligible for selection by the Bureau for the boot camp program, such person shall:

(a) not have been convicted of a violent crime;

(b) be at least eighteen years of age at the time of sentencing;

(c) have been sentenced to a period of incarceration of five years or less;

(d) in accordance with the Bureau's assessment and determination, be physically and mentally capable of successfully completing the rigorous boot camp program, provided, however, no such assessment and/or determination shall be deemed as a waiver of any of the various immunity defenses or otherwise trigger a duty, obligation and/or liability on the Department or Bureau not presently provided under applicable law;

(e) be a resident of the state of Delaware; and

(f) have a term of not less than nine months, nor have more than eighteen months remaining in level V incarceration.

§6707. Contract: admission into the program

No offender may participate in the boot camp program unless such individual voluntarily enrolls by agreeing to be bound by a written contract with the Bureau, which contract shall clearly set forth the obligations, duties, responsibilities and expectations with which such offender must comply. A representative of the Bureau shall also explain to the offender the intended benefits of the program, and the consequences of failing the program. The time served as a boot camp participant shall begin the first day such person is physically within the camp.

§6708 Evaluation of Program Participants

Each participant shall be evaluated by members of the boot camp staff on a continual basis throughout the period of such person's participation in the program. Such evaluation shall include the participant's performance within the program, the likelihood of successful adjustment after release, and such other matters which the boot camp staff deems relevant or important.

§6709. conduct and Administration of boot camp program

(a) The program shall be a rigorous military-type program which, among other features, shall include mandatory physical training; hard labor which has a rational goal or objective; military formations, drills and courtesy; regimentation of all activities, except those which are specifically exempted by the camp commander; control which is strict, but not capricious; uniformity and cleanliness in dress and appearance; education and counseling; and drug treatment, counseling and education where appropriate.

(b) The Bureau and the camp commander shall establish rules and regulations for the conduct and administration of each boot camp program. Such rules and regulations shall reflect the goals and objectives of this Chapter, and shall include a system of rewards for individuals and groups based upon achievements and progress in achieving camp standards and requirements; and shall include sanctions, administered by the staff within the confines and authority of the camp, to punish those individuals whose demeanor, behavior or attitude do not comply with camp standards and requirements. The rules and regulations shall also include the supervision and the structure to be used in each program offered by the camp.

(c) The camp commander and staff shall be responsible for the day-to-day functions and decisions affecting the operations of the boot camp. Each full-time employee employed inside the boot camp shall, to the extent possible, be a volunteer regardless of job description or function. All boot camp employees shall receive appropriate specialized boot camp training. Each drill instructor shall receive specialized drill instructor training, preferably military training, from an agency which specializes in such training. Boot camp employees shall receive, for the same general responsibilities, the same salaries as prison employees not employed in a boot camp. Job bidding shall not be used in the selection of the camp staff.

(d) Participants may be formed into work squads by boot camp staff to perform labor-intensive projects outside the perimeters of the camp. No wages shall be paid to individual participants working outside the camp, but the camp commander may from time to time receive funds or gifts for the general use or benefit of the camp or for all participants. Work squads may be utilized to work on State, county, municipal or town projects; for disaster relief, civil or community emergencies; and for specific projects for non-profit organizations, if the Bureau determines that the project is of direct benefit to a community or a large number of people, and not for the organization itself. No work squad is permitted to do any labor for the benefit of any individual or commercial entity. Approved projects may include, but are not limited to, highway clean-up and trash removal; timber clearing on state forestry lands; preparing and stacking sandbags in the event of a flood; and beach and state park clean-up. Participants are not employees for purposes of worker's compensation.

§6710. Sanctions: removal from the program

(a) A participant who is accepted into the boot camp program shall not receive any credit for time spent in the program, except for actual time served, unless such participant completes the full program. Before any participant is deemed to have completed the full boot camp program, such participant must have been graduated from the program with a written certification of successful completion.

(b) A participant who fails to complete the boot camp program, who is administratively terminated from the program, or who violates any conditions of the program, shall be reclassified to serve the full unexpired term of his original sentence.

(c) Upon the successful completion of the boot camp program as determined by the Department in its sole discretion, and having served at least six months of incarceration, the participant shall be allowed to serve the remaining part of his or her level V sentence at either level IV or level III, in the discretion of the Department. Should a boot camp graduate violate the level IV or Level III conditions of supervision, such person shall upon conviction of a violation of probation, be returned to level V custody to serve the full term of the original level V sentence, less the six months served in boot camp.

§6711. Aftercare: intensive parole supervision

A person who has successfully completed the boot camp program shall be placed under probation supervision (level IV or level III supervision). During this period, such person shall participate in an aftercare program which emphasizes completion of GED requirements where appropriate, drug and alcohol education and treatment; the development of job placement skills and opportunities; and the learning of successful employment habits and attitudes.

Section 2. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

Section 3 This Act shall be known as, and may be referred to as, the Boot Camp Incarceration Act.

Approved July 18, 1995