2010 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 65. Department Of Correction
Subchapter VIII. General Provisions

TITLE 11 Crimes and Criminal Procedure Prisons and Prisoners CHAPTER 65. DEPARTMENT OF CORRECTION Subchapter VIII. General Provisions

§ 6550. Seal; authentication.

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.;

§ 6551. Cooperation with other departments and agencies.

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.;

§ 6552. Discharge of employees.

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.;

§ 6553. Compensation of employees.

Compensation of employees shall be as fixed by the Commissioner.

11 Del. C. 1953, § 6553; 54 Del. Laws, c. 349, § 1.;

§ 6554. Bonds of officers and employees.

The Board may require the Commissioner, and any officer or employee of the Department, to execute a surety bond with corporate surety, to be approved, and in such amount as required, by the Board, with the condition that the Commissioner, officer or employer shall faithfully perform the duties of the office and account for all funds received as Commissioner. The premium for such bond shall be paid from funds of the Department.

11 Del. C. 1953, § 6554; 54 Del. Laws, c. 349, § 1; 70 Del. Laws, c. 186, § 1.;

§ 6555. [Reserved.]

§ 6556. Facilities, equipment and supplies.

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.;

§ 6557. Offices and quarters.

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.;

§ 6558. Lands and buildings.

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.;

§ 6559. Contracts; limitations for interest.

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; nor shall any member of the Board, or anyone in the family of a member, hold any other office or position in the Department.

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

§ 6560. Annual report.

The Commissioner and Board 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, or under the supervision of the Department's field service, 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.;

§ 6561. Police powers of correctional officers, employees and internal affairs investigators.

(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 Board 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.;

§ 6562. [Reserved.]

§ 6562A. Furnishing contraband; penalty.

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.;

§ 6562B. Confiscated Contraband Interdiction Fund.

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 the Multi-Purpose Criminal Justice Facility, the Sussex Correctional Institution and the James T. Vaughn Correctional Center, it is necessary to create a separate special fund at each of the 3 institutions. All monies collected as contraband from the inmate population at each of the 3 institutions shall be set aside into a special fund. Each special fund set up at the 3 institutions is hereby created and shall be known as the Confiscated Contraband Interdiction Fund.

(1) Use of funds. -- The use of the money from this special fund must be for the purpose declared herein as such requires the use of United States currency for the purchase, training and maintenance of the Canine Unit at the Multi-Purpose Criminal Justice Facility, the Sussex Correctional Institution and the James T. Vaughn Correctional Center and the purchase of equipment used in the investigation of crimes committed within the James T. Vaughn Correctional Center.

(2) Creation of fund. -- Upon the confiscation of any moneys as a result of shakedowns and other security investigations, the same shall be paid over to the support services manager at the Multi-Purpose Criminal Justice Facility, the Sussex Correctional Institution and the James T. Vaughn Correctional Center to be placed in the special fund.

(3) Disbursement of fund. -- The disbursement of the funds from this account shall be made by the support services manager upon approval by the wardens of the Multi-Purpose Criminal Justice Facility, the Sussex Correctional Institution and the James T. Vaughn Correctional Center. 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 wardens of the Multi-Purpose Criminal Justice Facility, the Sussex Correctional Institution and the James T. Vaughn Correctional Center shall determine whether or not the expressed purpose for the expenditure requested is within the pruposes allowed under this section and, further, whether the proposed expenditure of funds for the expressed purpose will be in the best interests for each of the 3 institutions. If the warden at each institution determines that the proposed expenditure meets those criteria, the warden 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 by the Multi-Purpose Criminal Justice Facility, the Sussex Correctional Institution and the James T. Vaughn Correctional Center 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 administrative officer shall submit a full and complete accounting for the use of such funds to the warden at each of the institutions.

Funds from the special fund may be used for the following:

a. Purchase of K-9 dogs.

b. Equipment for the maintenance of the Canine Unit.

c. Equipment needed to investigate criminal activities at the Multi-Purpose Criminal Justice Facility, the Sussex Correctional Institution and the James T. Vaughn Correctional Center.

d. Medical expenses for the animals in the Canine Unit.

e. Purchases made by the institutional investigator in the pursuance of an investigation into contraband, the introduction of contraband into the Multi-Purpose Criminal Justice Facility, the Sussex Correctional Institution and the James T. Vaughn Correctional Center and gang-related activities.

(5) Review of records. -- Any funds requested and disbursed shall be accounted for through an itemized report due no later than July 31 of each year from the support services manager to each of the wardens at the 3 institutions from the prior fiscal year.

(6) Excess funds. -- If at any time the funds aggregated in the 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.;

§ 6563. Incarceration upon arrest by private detective.

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.;

§ 6564. Violation of § 6563.

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.;

§ 6565. Mandatory training of correctional officers; exceptions; appropriations.

(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.;