CHAPTER 7

FORMERLY

HOUSE BILL NO. 48

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE BOOT CAMP INCARCERATION ACT.

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

Section 1. Amend § 6703, Title 1 1, Delaware Code, by deleting the words "burglary in the second degree."

Section 2. Amend § 6705, Title II, Delaware Code by deleting it in its entirety and inserting in lieu thereof the following:

"(a) Each participant in the boot camp program shall have first been convicted of a criminal offense. The selection of boot camp participants shall be made by the Bureau from those offenders not otherwise excluded under this section. However, satisfying the statutory or regulatory qualifications for admission to the boot camp program shalt not mean that an offender shall automatically be permitted to participate in the program.

(b) Notwithstanding the provisions of subsection (a), the following offenders shall not be classified or otherwise permitted to participate in the boot camp program:

(1) Any person declared to be an habitual offender under § 4214 of this title;

(2) Any person who is serving a sentence for a violent crime but may include persons serving a sentence for a violation of probation or parole;

(3) Any person designated by the sentencing court or the Attorney General pursuant to subsection (c) of this section as not being eligible for the boot camp program.

(c) The sentencing court or the Attorney General shall have the authority to designate any person as bootcamp ineligible at the time of sentencing. Such designation shall be specifically and clearly set forth in the sentencing order."

Section 3. Amend § 6706, Title H, Delaware Code by deleting 6706(a) and inserting in lieu thereof the following:

"(a) Not subject to any of the exclusionary criteria under § 6705(6) or § 6705(c);"

Section 4. Amend § 6709(d), Title 11, Delaware Code, by inserting at the end of said subsection the following: "Notwithstanding any provision of this Title to contrary, any boot camp participant who is otherwise appropriately classified to the boot camp program may participate in work squads pursuant to this section."

Approved February 10, 1997