(a) The General Assembly finds and declares that:

(1) The resolution of felony, misdemeanor and juvenile delinquent offenses can be costly and complex in a judicial setting where the parties involved are necessarily in an adversary posture and subject to formalized procedures; and

(2) Victim-offender alternative case resolutions can meet the needs of Delaware’s citizens by providing forums in which persons may voluntarily participate in the resolution of certain criminal offenses in an informal and less adversarial atmosphere.

(b) It is the intent of the General Assembly that each program established under this chapter do all of the following:

(1) Establish and use victim-offender alternative case resolution programs to help meet the need for alternatives to the courts for the resolution of certain criminal offenses, whether before or after adjudication.

(2) Encourage continuing community participation in the development, administration and oversight of local victim-offender alternative case resolution.

(3) Offer structures for victim-offender alternative case resolution which may serve as models for programs in other communities.

(4) [Repealed.]

70 Del. Laws, c. 444, §  1;  82 Del. Laws, c. 92, § 2; 

(a) There is hereby established a Victim-Offender Alternative Case Resolution Committee to be composed of the Attorney General, Chief Defender, Chief Judge of the Court of Common Pleas, Director of the Criminal Justice Council, and the Chief Judge of Family Court or their designees to administer this chapter. Funds may not be awarded or a program approved without the approval of the Victim-Offender Alternative Case Resolution Committee.

(b) To be eligible for state funds, a program must do all of the following:

(1) Be operated by a 501(c)(3) [26 U.S.C. § 501(c)(3)] organization in Delaware.

(2) Provide neutral mediators who have received training in conflict resolution techniques.

(3) Comply with this chapter and the rules adopted by the Victim-Offender Alternative Case Resolution Committee.

(4) Provide victim-offender alternative case resolution in felony, misdemeanor and juvenile delinquency cases without cost to the participants.

(5) At the conclusion of the alternative case resolution process provide a written agreement or decision to the referral source setting forth the settlement of the issues and future responsibilities of each participant.

(c) Each program that receives funds under this chapter must be operated under a contract with the Victim-Offender Alternative Case Resolution Committee and must comply with this chapter.

(d) An organization applying to the Victim-Offender Alternative Case Resolution Committee for funding is to include all of the following information in its application:

(1) Cost of operating the victim-offender mediation program, including the compensation of employees.

(2) Description of the proposed area of service and number of participants expected to be served.

(3) Proof of nonprofit status.

(4) [Repealed.]

(e) The Chair of the Victim-Offender Alternative Case Resolution Committee or the Chair’s designee may inspect, examine and audit the fiscal affairs and 990 Forms of victim-offender alternative case resolution programs.

(f) A program operated under this chapter is not a state agency or an instrumentality of the State. Employees and volunteers of a program are not employees of the State.

(g) A program that receives funds from the Victim-Offender Alternative Case Resolution Committee under this chapter must annually provide the Victim-Offender Alternative Case Resolution Committee with statistical data regarding all of the following:

(1) The operating budget.

(2) The number of case referrals, categories, or types of cases referred.

(3) The number of parties served.

(4) The number of cases resolved.

(5) The nature of the resolution and amount and type of restitution to the victim or community.

(6) The rate of compliance of the accused with the agreement of the parties.

(7) The length of total case processing time by the victim-offender alternative case resolution program.

(8) If applicable, community service hours agreed to and community service hours completed.

(9) [Repealed.]

70 Del. Laws, c. 444, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 190, §  3;  80 Del. Laws, c. 26, §  3;  82 Del. Laws, c. 92, § 3; 

(a) All memoranda, work notes or products, case files or programs, and data collected under this chapter are confidential and privileged. This information is not subject to disclosure in any judicial or administrative proceeding.

(b) Confidentiality under subsection (a) of this section may be waived if a court or administrative tribunal determine that the materials were submitted by a participant to the program for the purpose of avoiding discovery of the material in a subsequent proceeding.

(c) Any communication relating to the subject matter of the resolution made during the mediation process by any participant, mediator, or any other person is a privileged communication. It is not subject to disclosure in any judicial or administrative proceeding unless all parties to the communication waive the privilege.

(d) To the extent that the communication in subsection (c) of this section may be relevant evidence in a criminal matter, the privilege and limitation of evidentiary use does not apply to any communication of a threat that injury or damage may be inflicted on any person or on the property of a party to the dispute.

(e) Nothing in this section prevents the Victim-Offender Alternative Case Resolution Committee from obtaining access to any information it deems necessary to administer this chapter.

70 Del. Laws, c. 444, §  1;  82 Del. Laws, c. 92, § 4; 

(a) An offender may not be admitted to the program unless the Attorney General certifies that the offender is appropriate for the program, regardless of any criteria established under any program or this chapter.

(b) A person who voluntarily enters an alternative case resolution process at a victim-offender alternative case resolution program established under this chapter may revoke that person’s consent, withdraw from the alternative case resolution process, and seek judicial or administrative redress before reaching a written agreement. A legal penalty, sanction, or restraint may not be imposed on the person for such withdrawal.

70 Del. Laws, c. 444, §  1;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 92, § 5; 

(a) Members of the Victim-Offender Alternative Case Resolution Committee or board of directors of an organization with a victim-offender alternative case resolution program are immune from suit in any civil action based upon any proceedings or other official acts performed in good faith as members of the board.

(b) State employees and employees and volunteers of a victim-offender alternative case resolution program are immune from suit in any civil action based on any proceedings or other official act performed in their capacity as employees or volunteers, except in cases of wilful or wanton misconduct.

(c) A victim-offender alternative case resolution program is immune from suit in any civil action based on any of its proceedings or other official acts performed by its employees, volunteers, or members of its board of directors, except in the following cases:

(1) Wilful or wanton misconduct by its employees or volunteers.

(2) Official acts performed in bad faith by members of its board.

70 Del. Laws, c. 444, §  1;  82 Del. Laws, c. 92, § 6;