TITLE 11

Crimes and Criminal Procedure

Prisons and Prisoners

CHAPTER 65. DEPARTMENT OF CORRECTION

Subchapter VII. Discipline, Medical Care and Discharge


The Department shall promulgate rules and regulations for the maintenance of good order and discipline in the facilities and institutions of the Department, including procedures for dealing with violations. Prisoners of the Department shall have access to those portions of the disciplinary rules that apply to them, at places and times deemed reasonable and appropriate by the Commissioner. There shall be a record of charges of infractions by inmates, any punishments imposed and of medical inspections made.

11 Del. C. 1953, § 6535; 54 Del. Laws, c. 349, § 1; 71 Del. Laws, c. 306, § 1.;

(a) The Department shall promulgate reasonable standards, and shall establish reasonable health, medical and dental services, for each institution, including preventive, diagnostic and therapeutic measures on both an out-patient and hospital basis for all types of patients. The nature and extent of such medical and dental services shall be determined by the Commissioner of Correction in consultation with the Bureau Chief of Correctional Healthcare Services. The Department may authorize, under regulations, inmates to be taken, with or without guard, to a medical institution or facility outside the institution.

(b) The Department shall charge a reasonable fee as defined by the Department for every inmate initiated visit with an institutional health-care practitioner for examination and/or treatment. The Department shall not charge an inmate for medical visits initiated by medical/mental health staff, visits as a result of a reference to a physician from a physician's assistant or nurse practitioner, follow-up visits initiated by a medical professional or visits resulting from a chronic medical condition. The Department shall not be responsible for the cost of medical visits to or by outside medical consultants if the visits were not ordered by institutional medical services personnel. Notwithstanding the above, an inmate shall not be refused medical treatment for financial reasons; provided, however, that the Department shall debit an inmate's account for future payment to the Department in the event funds are deposited in said account and the Department shall retain records of an inmate's account upon the release of the inmate from the custody of the Department if such account has a negative balance. The outstanding balance of such an account shall be reinstated should that person be committed to the custody of the Department at some future time.

(c) The Department may charge a reasonable fee, not to exceed the cost to the Department, for any prescription or nonprescription medication. The Department shall not be responsible for the cost of prescriptive drugs or medications prescribed by outside medical consultants unless approved by institutional medical services personnel. Notwithstanding the above, an inmate shall not be refused medications for financial reasons; provided, however, that the Department shall debit an inmate's account for future payment to the Department in the event funds are deposited in said account and the Department shall retain account records upon the release of the inmate from the custody of the Department if such account has a negative balance. The outstanding balance of such account shall be reinstated should that person be committed to the custody of the Department in the future.

(d) Notwithstanding any provision of the Delaware Code to the contrary, there shall be established a special fund of the State to be known as the Medical Cost Recovery Fund. The Department of Correction shall, commencing upon July 1, 1996, deposit funds assessed pursuant to subsections (b) and (c) of this section into the Medical Cost Recovery Fund. The Department may use the Medical Cost Recovery Fund to defray the costs of medical services provided to inmates.

(e) The Department shall provide onsite hospice services to any terminally ill inmate or defendant confined in facilities operated by the Department at the request of a care provider with whom the Department has a contract. Hospice services provided by the Department, or its contractor, must be provided in a manner consistent with the regulations of the Department of Health and Social Services (DHSS), and shall meet all licensure standards set forth therein, governing the provision of hospice services in the State to the fullest extent possible without compromising the security and safety considerations of the institutions wherein the hospice services are being provided. The Department of Correction (DOC) may require alternate procedures for the provision of hospice services in any DOC facility where strict adherence to DHSS regulations would compromise the security and safety considerations of that facility. DOC contractors need not apply for or obtain a license from DHSS in order to provide hospice services in any DOC facility. For the purposes of this section, "hospice'' and "hospice services'' shall be as defined by DHSS regulations.

11 Del. C. 1953, § 6536; 54 Del. Laws, c. 349, § 1; 56 Del. Laws, c. 60; 70 Del. Laws, c. 410, § 1; 72 Del. Laws, c. 475, § 1; 78 Del. Laws, c. 305, § 7; 79 Del. Laws, c. 56, § 1.;

(a) The Department shall authorize, under reasonable conditions, visits to, and correspondence with, inmates by relatives, friends and others and temporary release of inmates for such occasions as the death of a member of the inmate's family, or interview of the inmate by a prospective employer.

(b) With the exception of the authority granted under § 4205(h) and (l) of this title, the Department shall have no authority to place any person convicted of a class A felony, during the first 10 years of said sentence, or of any class A or B felony sex offense or C felony sex offense, during the first 10 years of said sentence, or any person sentenced pursuant to § 4204(k) of this title on any program or status beyond the confines of a secured institution to which the person must be classified. In the event of the death or serious illness of an immediate family member, or a similar emergency, the Commissioner of Correction shall have the authority to permit such person an escorted visit within the State under strict security. In the event that there exists extraordinary circumstances, excluding emergency situations authorized by the Commissioner pursuant to the previous sentence of this subsection, and the Commissioner of Correction agrees, the Commissioner may petition the Superior Court, after notice to the Attorney General, for permission to exempt an individual from the limitations contained in this section.

11 Del C. 1953, § 6537; 54 Del. Laws, c. 349, § 1; 65 Del. Laws, c. 245, § 1; 67 Del. Laws, c. 350, § 32; 70 Del. Laws, c. 186, § 1.;

(a) The Department shall promulgate strict rules and regulations subject to the approval of the Institutional Release Classification Board under which inmates, as part of a program looking to their release from the custody of the Department, or their treatment, may be granted temporary furloughs from the institution to visit their families or to be interviewed by prospective employers.

(b) In the case of death, furloughs shall only be granted to an inmate for an immediate family which would include said inmate's mother, father, son, daughter, brother, sister, husband or wife. An inmate shall only be granted a furlough to attend a private viewing or wake with the inmate's immediate family. The Institutional Release Classification Board, or the warden in charge of the institution, in cases of emergency, shall set the conditions of an inmate's furlough, including the determination of whether the inmate should be handcuffed to the officer and when such action should take place.

(c) Inmates taking part in choral presentations and other legitimate programs shall be escorted by custodial officers whenever leaving the institution. Transportation and custodial costs shall be borne by the individuals or groups requesting the inmates' appearance and shall not be at the State's expense.

(d) The Department may permit inmates to participate in Community Service Projects by granting special furloughs for the period of such projects, not to exceed 14 days. Such furloughs shall not be considered personal furloughs under the Department rules and regulations. The time spent participating in a Community Service Project may be counted towards a restitution or community service component of a sentence. During a Community Service Project, the inmate need not be under the continual escort and supervision of custodial officers. All associated transportation and custodial costs shall be the responsibility of the organization which sponsors the Community Service Project.

(e) Notwithstanding any provision of this section or title to the contrary, no person serving a sentence imposed for a class A felony shall be permitted to participate in any furlough or furlough program under this section.

11 Del. C. 1953, § 6538; 54 Del. Laws, c. 349, § 1; 60 Del. Laws, c. 704, § 1; 61 Del. Laws, c. 363, § 2; 70 Del. Laws, c. 67, § 1; 70 Del. Laws, c. 186, § 1.;

(a) Notwithstanding any provision of this title to the contrary, the Department may place inmates outside the institutions and facilities under the jurisdiction of the Department.

(b) The Department shall establish rules and regulations governing the eligibility of inmates for such placement and governing the conduct of inmates so placed.

(c) No inmate shall be placed in the supervised custody program established by this section unless, in addition to meeting eligibility requirements imposed by Departmental rules or regulations, the Department, in its discretion, determines that an inmate is trustworthy and does not pose a threat to the safety of the community.

(d) Any inmate released from incarceration pursuant to this section shall continue to be in the legal custody of the Department, notwithstanding the inmate's absence from a correctional institution.

(e) If any person released pursuant to this section shall violate any of the conditions of the person's release, the person shall immediately be returned to incarceration. Nothing in this section shall limit the discretion of the Department to return persons released pursuant to this section to incarceration. Placement into the supervised custody program shall be a privilege, not a right or entitlement, which may be withdrawn by the Department, in its absolute discretion. There shall be no judicial review of the refusal by the Department to place any inmate into the supervised custody program; nor shall there be any judicial review of the withdrawal of such privilege by the Department.

(f) Notwithstanding any provision of this title to the contrary, persons convicted of class A felonies, persons detained in default of bail and persons sentenced to minimum mandatory terms of incarceration shall not be eligible for the supervised custody program.

62 Del. Laws, c. 259, § 1; 70 Del. Laws, c. 186, § 1.;

(a) Persons discharged upon completion of their term or released on parole or mandatory conditional release may be supplied in accordance with the Department's rules and regulations, within budget requirements, with satisfactory clothing and transportation to the point of destination within the State. If the inmate's family is financially able, or if the inmate has resources, these shall be used prior to the use of public funds.

(b) Payments to eligible inmates who upon their release from an adult correctional facility are financially unable to obtain transportation away from the facility shall be expended as follows:

(1) Upon release, a prisoner who within 30 days prior to release has $50 or more in the prisoner's inmate account or accounts shall not be eligible for such payment, but shall be paid the amount in the prisoner's inmate account or accounts.

(2) Upon release, a prisoner who has less than $50 in the prisoner's inmate account or accounts shall be paid the amount remaining in the prisoner's account or accounts and may be paid an additional sum sufficient to ensure transportation to the prisoner's place of residence. Such sum sufficient, together with the funds available in the inmate account, shall not exceed $50.

(3) Any prisoner who, after using option (1) or (2) of this subsection, has insufficient funds to provide a one-way bus ticket to the prisoner's place of residence, shall forfeit all such funds and shall be provided with a 1-way bus ticket to the prisoner's place of residence, as well as sufficient funding to provide food during travel.

11 Del. C. 1953, § 6539; 54 Del. Laws, c. 349, § 1; 62 Del. Laws, c. 259, § 1; 73 Del. Laws, c. 320, § 2; 70 Del. Laws, c. 186, § 1.;

(a) Upon placing an inmate on supervised custody, work release or furloughs which shall include personal special visits whether escorted or unescorted the Department shall publish the name of that inmate and the crimes for which the inmate is incarcerated. Said information shall be published in each of the 3 counties of this State in a newspaper located in that county and having a general circulation throughout the county. No inmate shall be placed on supervised custody, work release or furloughs which shall include personal special visits whether escorted or unescorted until the notice provided for herein has been released for publication to the newspaper. This section shall not apply to those inmates being released on furlough or special visit for the purpose of attending the funeral of an immediate family member as specified under § 6538(b) of this title.

(b) In cases of inmates convicted of crimes against persons, including robbery, prior to publication of names, the Department shall notify the victim at the victim's last known place of residence.

64 Del. Laws, c. 200, § 1; 65 Del. Laws, c. 396, §§ 1-4; 70 Del. Laws, c. 186, § 1.;