CHAPTER 100

FORMERLY

SENATE BILL NO. 145

S AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 65, TITLE 11, OF THE DELAWARE CODE RELATING TO CREATION OF A SPECIAL FUND FOR MONIES CONFISCATED AS CONTRABAND.

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

Section 1. Amend Chapter 65, Title 11 of the Delaware Code by designating the current Section 6562 as Section 6562A of said chapter and by adding the following section to be designated as Section 6562B.

"Section 6562B. Confiscated Contraband Interdiction Fund

The General Assembly hereby declares that in order to provide funds to combat the unlawful trafficking of drugs, unlawful gambling activities, and gang activities, within the Multi-Purpose Criminal Justice Facility, the Sussex Correctional Institution and the Delaware Correctional Center it is necessary to create a separate special fund at each of the three institutions. All monies collected as contraband from the inmate population at each of the three institutions shall be set aside into a special fund. Each special fund set up at the three institutions is hereby created and shall be known as the Confiscated Contraband Interdiction.

(A) Use of Funds

The use of the money from this special fund must be for the purpose declared herein as such requires the use of United States Currency for the purchase, training and maintenance of the Canine Unit at the Multi-Purpose Criminal Justice Facility, the Sussex Correctional Institution and the Delaware Correctional Center; and the purchase

(B) Creation of Fund

Upon the confiscation of any monies as a result of shakedowns and other security investigations, the same shall be paid over to the Support Services Manager at the Multi-Purpose Criminal Justice Facility, the Sussex Correctional Institution and the Delaware Correctional Center to be placed in the special fund.

(C) Disbursement of Fund

The disbursement of the funds from this account shall be made by the Support Services Manager upon approval by the Warden of the Multi-Purpose Criminal Justice Facility, the Sussex Correctional Institution and the Delaware Correctional Center. All requests for funds must be by written application and on a form designed for such purpose.

(1) This application and authorization form must include the following:

(a) The amount of funds requested;

(b) The anticipated purpose for which such funds are requested;

(c) The name of the person requesting the funds and the name of the person who shall be responsible for keeping accurate records as to the use of the funds.

(d) The Warden of the Multi-Purpose Criminal Justice Facility, the Sussex Correctional Institution and the Delaware Correctional Center shall determine whether or not the expressed purpose for the expenditure requested is within the proposes allowed under this section; and further, whether the proposed expenditure of funds for the expressed purpose will be in the best interests for each of the three institutions. If the Warden at each institution determines that the proposed expenditure meets those criteria, he may authorize the expenditure in whole or in part and only then shall the funds be expended as requested.

(D) Accounting of Funds

Funds obtained by the Multi-Purpose Criminal Justice Facility, the Sussex Correctional Institution and the Delaware Correctional Center pursuant to this subchapter shall be used only for the purposes set out in Subsection (A), Any and all funds shall be accounted for by the Support Services Manager on or before June 30 of each year. The Administrative Officer shall submit a full and complete accounting for the use of such funds to the Warden at each of the institutions.

(a) Funds from the special fund may be used for the following:

(1) Purchase of Canine Dogs

(2) Equipment for the maintenance of the Canine Unit.

(3) Equipment needed to investigate criminal activities the Multi-Purpose Criminal Justice Facility, the Sussex Correctional Institution and at the Delaware Correctional Center.

(4) Medical expenses for the animals in the Canine Unit.

(5) Purchases made by the Institutional Investigator in the pursuance of an investigation into contraband, the introduction of contraband into the Multi-Purpose Criminal Justice Facility, the Sussex Correctional Institution and the Delaware Correctional Center and gang related activities.

E. Review of Records

Any funds requested and disbursed shall be accounted for through an itemized report due no later than July 31 of each year from the Support Services Manager to each of the Wardens at the three institutions from the prior fiscal year.

F. Excess Funds

If at any time the funds aggregated in the Special Fund exceeds $10,000, the excess shall be deposited in the General Fund."

Approved June 30, 1997