TITLE 11

Crimes and Criminal Procedure

Prisons and Prisoners

CHAPTER 65. DEPARTMENT OF CORRECTION

Subchapter V. Diagnostic Services and Special Groups


(a) The Department shall make social, medical, psychological and other appropriate studies and investigations of persons committed to its care for the purpose of rehabilitation of said persons. At the request of any sentencing court, the Department shall, to the extent possible, receive for study and report to the court concerning any person who has been convicted, is before the court for sentencing and is subject to commitment to the Department.

(b) The Department shall take steps to ensure that infectious diseases are not disseminated among the persons committed to the Department's care and staff. In performing the function, the Department is empowered to review medical histories, to complete medical histories, to complete appropriate medical examinations, to perform laboratory tests as are deemed appropriate, and to begin a course of treatment on persons committed to its care.

11 Del. C. 1953, § 6523; 54 Del. Laws, c. 349, § 1; 65 Del. Laws, c. 424, § 1; 78 Del. Laws, c. 305, § 7.;

The Department may establish facilities for the treatment of alcoholics, prostitutes, drug addicts and other such groups as the Department shall determine. The Department shall coordinate its work with any other state agency to reduce overlapping or duplication of functions and services.

11 Del. C. 1953, § 6524; 54 Del. Laws, c. 349, § 1.;

(a) The Department shall establish resources and programs for the treatment of persons with mental illnesses and serious mental disorders, either in a separate facility or as part of other institutions or facilities of the Department. The Department shall coordinate its work with any other state agency to reduce overlapping or duplication of functions and services.

(b) The Commissioner is empowered to transfer to other appropriate state institutions for care and treatment inmates who have been determined to have mental illnesses. Transfer may also be made to such facilities in other jurisdictions, or to municipal or private facilities, upon the consent of responsible administrators of such facilities. Such transfers shall occur only as set forth at § 5153 of Title 16. Inmates to be transferred as contemplated herein who have not reached the age of 18 years and have been found nonamenable to the processes of Family Court shall not be transferred to the Delaware Psychiatric Center. Nonamenable inmates under the age of 18 years shall be transferred to appropriate residential treatment facilities within the State of Delaware or in other states.

(c) When, in the judgment of the administrator of the institution to which an inmate has been transferred, the inmate has recovered from the condition which occasioned the transfer, the inmate shall be returned to the Department.

11 Del. C. 1953, § 6525; 54 Del. Laws, c. 349, § 1; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 322, §§ 4-6; 78 Del. Laws, c. 224, § 22.;

Special facilities shall be provided for witnesses detained for inability to give bail and those awaiting trial, as the Department deems fit and necessary.

11 Del. C. 1953, § 6526; 54 Del. Laws, c. 349, § 1; 58 Del. Laws, c. 172, § 1; 64 Del. Laws, c. 108, § 33.;

(a) The Department shall classify persons in the several institutions and facilities by the use of 2 separate and distinct classification boards to be known as The Institutional Classification Board and The Institutional Release Classification Board with powers and responsibilities delineated in subchapter VI of this chapter.

(b) The Institutional Classification Board shall be responsible for the classification of all inmates residing and remaining in the several institutions and facilities.

(c) The Institutional Release Classification Board shall be responsible for the classification of all inmates that are being considered for release from the several institutions and facilities under the jurisdiction of the Department.

60 Del. Laws, c. 703, § 1.;