CHAPTER 480

FORMERLY

SENATE BILL. NO. 389

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CERTAIN CRIMES COMMITTED BY PERSONS IN CUSTODY

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

Section 1. Amend Title 11 of the Delaware Code by adding thereto a new section, said section to be designated as § 1260, to read as follows:

"§ 1260. Misuse of Prisoner Mail; Class A misdemeanor; Class G felony.

A person is guilty of misuse of prisoner mail when being a person in custody in a State detention facility, or in the custody of the Department of Health and Social Services or the Department of Correction, he or she intentionally:

(1) communicates by mail with a person not in custody in a manner which he or she knows is likely to cause inconvenience, annoyance or alarm; or

(2) designates a written communication as legal mail knowing that said written communication is wholly unrelated to any actual or potential legal matter or to the administration of justice.

Misuse of prisoner mail is a class A misdemeanor unless the person has previously been convicted under this section, in which case it is a class G felony.

Approved July 10, 1996