CHAPTER 66

FORMERLY

SENATE BILL NO. 60

AS AMENDED BY SENATE AMENDMENT NO. 2

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

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

Section 1. Amend § 6506, Title 11 of the Delaware Code, by re-designating subsection (b) thereof as subsection (c) and by adding thereto a new subsection (b) as follows:

"(b) Prior to making an employment decision on an applicant for employment by the Department, the Department shall fingerprint the applicant and provide the fingerprints to the State Bureau of Identification for the purpose of obtaining the applicants entire criminal history record from both the State and the Federal Bureau of Investigation. Prior to employing the applicant, the Department shall complete a computerized name search of the National Crime Information Center (NCIC) and the Criminal Justice Information System (CJIS) maintained by the Delaware Criminal Justice Information System (DELJIS) to determine if the applicant has any criminal history record information. Based on the results of the computerized name searches for criminal history records, the Department may not employ any individual who has ever been convicted of a felony offense in this or any other State or jurisdiction, or who has ever been convicted of an offense in another State or jurisdiction that would be a felony offense in the State of Delaware. Upon receiving the results of the fingerprint bases searches for criminal history record information, the Department shall immediately terminate the employment of any individual employed by the Department who has ever been convicted of a felony offense in this or any other State or jurisdiction, or who has ever been convicted of an offense in another State or jurisdiction that would be a felony offense in the State of Delaware."

Approved June 27, 2001