2018 Delaware Code
Title 11 - Crimes and Criminal Procedure
CHAPTER 95. VICTIM-OFFENDER MEDIATION
§ 9502. Program funding; operation; supervision.

(a) There is hereby established a Victim-Offender Mediation Committee to be composed of the Attorney General, Chief Defender, Chief Magistrate, Chair of the Criminal Justice Council, State Court Administrator and the Chief Judge of Family Court or their designees to administer this chapter. No funds shall be awarded or program approved without the approval of the Victim-Offender Mediation Committee.

(b) To be eligible for state funds, a program must do 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 Mediation Committee;

(4) Provide victim-offender mediation in felony, misdemeanor and juvenile delinquency cases without cost to the participants; and

(5) At the conclusion of the mediation 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 Mediation Committee and must comply with this chapter.

(d) An organization applying to the Victim-Offender Mediation Committee for funding is to include 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; and

(4) Charter of incorporation.

(e) The Chair of the Victim-Offender Mediation Committee or the Chair's designee may inspect, examine and audit the fiscal affairs of victim-offender mediation 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 Mediation Committee under this chapter must annually provide the Victim-Offender Mediation Committee with statistical data regarding the following:

(1) The operating budget;

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

(3) The number of parties serviced;

(4) The number of cases resolved;

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

(6) The rate of compliance;

(7) The length of total case processing time by the victim-offender mediation program;

(8) Community service hours agreed to, if applicable; and

(9) Community service hours completed, if applicable.

The data shall maintain the confidentiality and anonymity of all mediation participants.

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