TITLE 11

Crimes and Criminal Procedure

Prisons and Prisoners

CHAPTER 65. DEPARTMENT OF CORRECTION

Subchapter VIII. General Provisions


The Department shall adopt a seal. Copies of all records and papers in the offices of the Department, certified by an authorized agent of the Department and authenticated by the seal, shall be evidence with like effect as the original.

11 Del. C. 1953, § 6550; 54 Del. Laws, c. 349, § 1.;

The Department shall cooperate with the courts and with public and private agencies and offices to assist it in attaining its purposes. The Department may enter into agreements with other departments of federal, state and municipal government for the employment of persons committed to the charge of the Department.

11 Del. C. 1953, § 6551; 54 Del. Laws, c. 349, § 1.;

All discharges shall be for cause and in accordance with regulations and procedures established by the Department. Upon requesting in writing, any discharged employee shall be given a hearing before the Board.

11 Del. C. 1953, § 6552; 54 Del. Laws, c. 349, § 1.;

11 Del. C. 1953, § 6553; 54 Del. Laws, c. 349, § 1; repealed by 78 Del. Laws, c. 305, § 7, eff. July 5, 2012.;

11 Del. C. 1953, § 6554; 54 Del. Laws, c. 349, § 1; 70 Del. Laws, c. 186, § 1; repealed by 78 Del. Laws, c. 305, § 7, eff. July 5, 2012.;

The Department shall acquire, by lease, purchase or otherwise, all necessary facilities, equipment, supplies or articles for the carrying out of its duties in the safekeeping, maintenance, improvement and rehabilitation of those in its care.

11 Del. C. 1953, § 6555; 54 Del. Laws, c. 349, § 1; 59 Del. Laws, c. 532, § 1.;

The Department shall secure and furnish offices and quarters sufficient for its needs.

11 Del. C. 1953, § 6556; 54 Del. Laws, c. 349, § 1; 59 Del. Laws, c. 532, § 1.;

The Department may acquire, by lease, purchase or otherwise, and hold in the name of the State for the use of the Department, all necessary lands and buildings for the carrying out of its duties and functions.

11 Del. C. 1953, § 6557; 54 Del. Laws, c. 349, § 1; 59 Del. Laws, c. 532, § 1.;

No officer or employee of the Department may be directly or indirectly concerned or interested in any contract, purchase or sale made by the Department or by its authority, or may accept any reward or gift, or any promise of any reward or gift, directly or indirectly from any person interested in any contract, purchase or sale made by the Department or its authority, and every officer and employee shall report to the Department all offenses coming to the officer's or employee's knowledge.

11 Del. C. 1953, § 6558; 54 Del. Laws, c. 349, § 1; 59 Del. Laws, c. 532, § 1; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 305, § 7.;

The Commissioner shall make a report every year on or before November 15 to the Governor, showing the financial operation of the Department for the preceding year, together with adequate statistical information concerning the persons committed to the Department, or under the supervision of the Department, with such research reports, analysis, planning, evaluation and recommendations as may appear necessary to the advancement of the interest of the Department and its objectives. A copy of said report shall be sent to each member of the General Assembly and shall be made available to other agencies and citizens, as desired.

11 Del. C. 1953, § 6559; 54 Del. Laws, c. 349, § 1; 59 Del. Laws, c. 532, § 1; 78 Del. Laws, c. 305, § 7.;

(a) All correctional officers and employees of the Department shall have the full power of a State Police officer when:

(1) On duty at 1 of the correctional institutions; or

(2) In charge of prisoners at any place within the State and while going to or returning from such duty; or

(3) Searching for escaped prisoners.

(b) Only those correctional officers and employees who have been sworn in by the Commissioner shall have the power of a police officer under this section. The Department shall provide appropriate identification for all such correctional officers and employees.

(c) In addition to the police powers set forth in subsection (a) of this section, any internal affairs investigator in the Department who has been sworn in by the Commissioner in accordance with subsection (b) of this section shall:

(1) Exercise the full power of a State Police officer when acting in the course and scope of the investigator's duties as an internal affairs investigator on or off the premises of a correctional institution; provided, however, that before an internal affairs investigator executes a search warrant or makes an arrest off the premises of a correctional institution, the Commissioner shall notify the Superintendent of the Delaware State Police or the Attorney General or both;

(2) Have the right of access at all times to the books, papers, records and other documents of the Department or any of its bureaus, divisions, units or other administrative subdivisions; and

(3) Have the power to summon employees of the Department as witnesses pursuant to a lawful internal affairs investigation.

11 Del. C. 1953, § 6560; 54 Del. Laws, c. 349, § 1; 59 Del. Laws, c. 532, § 1; 66 Del. Laws, c. 85, § 202; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 305, § 7.;

Whoever furnishes to any person committed to the jurisdiction of the Department:

(1) Any intoxicating liquor or narcotic drug of any kind except as prescribed by a physician for medical treatment; or

(2) Any money without the knowledge and consent of the Department; or

(3) Any deadly weapon or part thereof, or any instrument or article which may be used to effect an escape,

shall be punished by fine or imprisonment, or both.

11 Del. C. 1953, § 6561; 54 Del. Laws, c. 349, § 1; 59 Del. Laws, c. 532, § 1; 71 Del. Laws, c. 100, § 1.;

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 secure correctional facilities, it is necessary to create a separate special fund within the Bureau of Prisons. All moneys collected as contraband or from the proceeds of the auction or sale of property confiscated from the inmate population at each of these institutions shall be set aside into a special fund. This special fund is hereby created within the Office of the Bureau Chief of Prisons and shall be known as the Confiscated Contraband Interdiction Fund.

(1) Use of funds. — Funds deposited into the Confiscated Contraband Interdiction Fund shall be expended only to procure, sustain, and maintain the adequacy of investigative and security operations within the Bureau of Prisons.

(2) Creation of fund. — Upon the confiscation of any moneys or upon the receipt of the proceeds from any auction or commercially reasonable sale of confiscated property obtained as a result of any investigation, interdiction, or prosecution of disciplinary, civil, or criminal violations at the facilities listed herein the same shall be placed in the Confiscated Contraband Interdiction Fund. All auctions or sales of confiscated property as authorized herein shall be administered and approved by the Bureau Chief of Prisons.

(3) Disbursement of fund. — The disbursement of the funds from this account shall be made only upon approval by the Bureau Chief of Prisons. All requests for funds must be by written application and on a form designed for such purpose. 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.

The Bureau Chief of Prisons shall determine whether or not the expressed purpose for the expenditure requested is within the purposes allowed under this section and whether the proposed expenditure of funds for the expressed purpose will be in the best interests of the Bureau of Prisons. If the Bureau Chief of Prisons determines that the proposed expenditure meets those criteria, the Bureau Chief of Prisons may authorize the expenditure in whole or in part and only then shall the funds be expended as requested.

(4) Accounting of funds. — Funds obtained pursuant to this subchapter shall be used only for the purposes set out in paragraph (1) of this section. Any and all funds shall be accounted for by the support services manager on or before June 30 of each year. The Bureau Chief of Prisons shall maintain a full and complete accounting for the use of such funds.

(5) Review of records. — Any funds requested and disbursed shall be accounted for through an itemized report by the Bureau Chief of Prisons to the Commissioner of Correction due no later than July 31 of each year which details each request and expenditure from the prior fiscal year.

(6) Excess funds. — If at any time the fund aggregated in this special fund exceeds $10,000, the excess shall be deposited in the General Fund.

71 Del. Laws, c. 100, § 1; 76 Del. Laws, c. 232, § 2; 79 Del. Laws, c. 16, § 1.;

All persons arrested by private detectives or private detective agencies on state, county or municipal warrants, or in any other manner, shall be incarcerated only in the custody of the Department or in a place provided by the State, county or municipality for the incarceration of persons.

11 Del. C. 1953, § 6562; 54 Del. Laws, c. 349, § 1; 59 Del. Laws, c. 532, § 1.;

Whoever, being a private detective, violates § 6563 of this title shall be fined not less than $100 nor more than $500, or, in default of the payment of such fine, imprisoned not less than 6 months nor more than 1 year.

11 Del. C. 1953, § 6563; 54 Del. Laws, c. 349, § 1; 59 Del. Laws, c. 532, § 1.;

(a) All correctional officers of the Department shall be required to complete a basic training program as a condition of employment or continued employment.

(b) All correctional officers shall be required to complete advanced annual training after having completed the basic training program.

(c) The Department shall be responsible for administering the mandatory basic and advanced training programs for all correctional officers with responsibility and authority to obtain professional assistance from other sources to accomplish the purposes and objectives of the programs.

(d) There will be no exceptions granted to any correctional officer employed by the Department from the training provisions established by this section.

(e) The General Assembly shall appropriate each year to the Department of Correction such funds as are necessary for the purpose of carrying out this section.

60 Del. Laws, c. 617, § 1.;