There is established a Department of Correction. Said Department shall be a continuation of and successor to the State Board
of Corrections existing prior to July 8, 1964.
11 Del. C. 1953, § 6504; 54 Del. Laws, c. 349, § 1.;
§ 6502. Purposes and construction; custody of inmates.
(a) A Department of Correction is established to provide for the treatment, rehabilitation and restoration of offenders as
useful, law-abiding citizens within the community. To achieve these purposes more effectively in a coordinated and united
manner, the Department shall be completely responsible for the maintenance, supervision and administration of adult detention
and correctional services and facilities of the State, which include institutional facilities and probation and parole services.
These institutions and services shall be diversified in program, construction and staff to provide effectively and efficiently
for the maximum study, care, custody, training and supervision and treatment of those persons committed to the institutional
facilities or on probation or parole, so that they may be prepared for release, aftercare, discharge or supervision in the
community. This chapter shall be liberally construed so as to effectuate its purposes.
(b) The Department shall accept custody of all persons committed to it by courts of competent jurisdiction. Persons committed
to the custody of the Department shall not be released from custody except in accordance with this title or by order of a
court of competent jurisdiction.
(c) Nothing in this title shall be construed to require the release of persons committed to the custody of the Department,
nor shall anything in this title be construed as a limitation on the inmate population at any of the facilities maintained
by the Department.
Nothing in any regulation promulgated by the Department shall be construed as a limitation on the inmate population at any
of the facilities maintained by the Department.
(d) In the event that: (1) The number of persons housed by the Department at any of its facilities exceeds the design capacity
of that facility; and (2) because the inmate population at that facility exceeds the design capacity of that facility the
Department is unable to provide conditions of confinement as may otherwise be required by this title or by the regulations
promulgated by the Department, then the Department shall not be required to provide said conditions of confinement to the
extent it is unable to do so because of the inmate population at that facility. The Commissioner shall determine the design
capacity of each of the facilities maintained by the Department.
(e) For purposes of this section, the term "inmate population" shall include both convicted and pretrial detentioners.
11 Del. C. 1953, § 6501; 54 Del. Laws, c. 349, § 1; 62 Del. Laws, c. 61, §§ 1, 2.;
§ 6503. Definitions.
As used in this chapter:
(1) "Board" or "Board of Correction" means the Department of Correction.
(2) "Commissioner" or "Commissioner of Correction" means the Commissioner of the Department of Correction.
(3) "Department" means the Department of Correction. References in other statutes to the State Board of Corrections or Board
of Trustees or workhouse or jail shall be deemed to mean the Department.
(4) "Law" includes the laws and ordinances of this State, political subdivisions and municipalities thereof.
(5) "Offender" includes any person convicted of a crime or offense as defined in § 101 of this title or the ordinances of
any incorporated municipality of this State, including a person committed for civil or criminal contempt, except,
a. A person not yet 18 years old when adjudged by a Family or Juvenile Court of this State except when committed to the Department
in accordance with law, and
b. A person who has been determined to be mentally ill or criminally inclined and has been committed to another appropriate
authority.
11 Del. C. 1953, § 6502; 54 Del. Laws, c. 349, § 1; 57 Del. Laws, c. 591, § 47; 58 Del. Laws, c. 172, § 2; 60 Del. Laws, c. 251, §§ 11-13; 64 Del. Laws, c. 108, § 15.;
§ 6504. General powers and duties of the Department.
The Department, subject only to powers vested in the judicial and certain executive departments and officers of the State,
shall have the duties set forth in this chapter and the exclusive jurisdiction over the care, charge, custody, control, management,
administration and supervision of:
(1) All offenders and persons under the custody of the Department;
(2) All institutions for the custody, correction and rehabilitation of persons committed to its care;
(3) Such other facilities as may be established by the Department for the safekeeping, correction or rehabilitation of offenders
and persons;
(4) Probation services for courts having jurisdiction of offenders;
(5) Parole services for persons within the institutions and facilities of the Department or on parole;
(6) Furnishing the Board of Parole adequate office facilities and supplies to properly perform its duties; to transmit the
Board of Parole's budget with its own;
(7) Providing consultation services and establishing standards on the design and construction of buildings, programs, administration
of detention, jail or other facilities, operated by any county or municipality, and to provide a course of training for the
personnel of same and establish standards for the same, with annual inspections, publishing the results of such inspections,
as well as statistical and other data on persons held in the same;
(8) Operating classification committees, diagnostic and treatment programs and such other programs as may be desirable to
fulfill the purposes of this chapter;
(9) Employing such officers, employees and agents and securing offices and quarters as deemed necessary to discharge the functions
of the Department;
(10) Receiving all offenders committed to the Department;
(11) Executing the orders of the court as to sentences of corporal and capital punishment;
(12) Selling the products of its institutions and farms to other institutions supported in all or part by taxes levied within
the State, prices to be set as provided by rules of the Department. All funds received from such sales shall be deposited
in the General Fund. In the event that there is a surplus of the products of the Department's institutions and farms which
cannot be sold to the other institutions supported in whole or part by taxes levied within the State, the Department may sell
such surplus products on the open market. All funds received from such sales shall be deposited in the General Fund;
(13) To agree with the proper authorities of the United States for payment to the General Fund of the State of such sums as
shall be fixed by the Department for the maintenance and support of offenders committed to the Department by authority of
the United States;
(14) Collecting a fee as a condition of probation supervision. An offender sentenced to probation shall be charged a fixed
fee of $200 for each period of probation. If an offender is serving multiple sentences of probation simultaneously, the sentences
shall be treated as 1 period of probation for the purposes of assessing and collecting the supervision fee. The Director of
Community Services shall develop policies and procedures with regard to determining an offender's ability to pay the fee.
Such policies and procedures shall be applied on a consistent basis to all offenders, and shall be subject to approval by
the Commissioner of Correction. In the event the Department determines an offender is unable to pay the fee due to lack of
employment or other significant extenuating circumstances, such as an offender's responsibility to remit payment for victim
compensation, restitution or child support, said inability shall not constitute a violation of supervision. The offender shall
remain liable to pay the fee at such time as the Department determines offender is able to do so.
11 Del. C. 1953, § 6505; 54 Del. Laws, c. 349, § 1; 64 Del. Laws, c. 108, § 15; 66 Del. Laws, c. 233, § 1; 68 Del. Laws, c. 289, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 27, § 6.;
§ 6505. Powers of the Board.
The Board shall be the general policymaking authority for the Department, not its administrative or executive head, but the
administrative or executive head shall be responsible directly to the Board which shall have such other duties as are granted
in this chapter. The Board shall:
(1) Establish criteria for the employment of, and screening applications for, the office of Commissioner;
(2) Assist in developing modern personnel policies for the Department, including written job descriptions and qualifications
and criteria for the employment of personnel for each position in the Department;
(3) Make regular visits in and observations of all Department-operated facilities and services;
(4) Continually review Department policy and operation;
(5) Study procedures in and the development and progress of the correctional system, including probation and parole, of this
State; study and consult with officers and other personnel concerning correctional institutions and probation and parole systems
elsewhere; but, primarily, interpret the Department's responsibilities, problems, functions and needs;
(6) Review and frame proposals concerning legislation important to the Department.
11 Del. C. 1953, § 6513; 54 Del. Laws, c. 349, § 1.;
§ 6506. Employment of personnel.
(a) The Department shall be the hiring agency for all correctional guards or officers employed by the Department. Any applicant
for employment by the Department shall take such physical, mental and intelligence tests as the Department shall prescribe,
and shall provide the Department with such information as it may need for its employment decisions.
(b) Prior to making an employment decision on an applicant for employment by the Department, the Department shall fingerprint
the applicant and provide the fingerprints to the State Bureau of Identification for the purpose of obtaining the applicants
entire criminal history record from both the State and the Federal Bureau of Investigation. Prior to employing the applicant,
the Department shall complete a computerized name search of the National Crime Information Center (NCIC) and the Criminal
Justice Information System (CJIS) maintained by the Delaware Criminal Justice Information System (DELJIS) to determine if
the applicant has any criminal history record information. Based on the results of the computerized name searches for criminal
history records, the Department may not employ any individual who has ever been convicted of a felony offense in this or any
other state or jurisdiction, or who has ever been convicted of an offense in another state or jurisdiction that would be a
felony offense in the State of Delaware. Upon receiving the results of the fingerprint bases searches for criminal history
record information, the Department shall immediately terminate the employment of any individual employed by the Department
who has ever been convicted of a felony offense in this or any other state or jurisdiction, or who has ever been convicted
of an offense in another state or jurisdiction that would be a felony offense in the State of Delaware.
(c) The initial employment of any person by the Department shall be on a probationary basis for the first 6 months or in accordance
with the union contract during which time the probationary employee shall not be eligible for merit system status. Upon the
successful completion of the probationary period, the employee shall be covered by the classified service as defined under
Chapter 59 of Title 29.
60 Del. Laws, c. 654, § 1; 73 Del. Laws, c. 66, § 1.;
There is established a Department of Correction. Said Department shall be a continuation of and successor to the State Board
of Corrections existing prior to July 8, 1964.
11 Del. C. 1953, § 6504; 54 Del. Laws, c. 349, § 1.;
§ 6502. Purposes and construction; custody of inmates.
(a) A Department of Correction is established to provide for the treatment, rehabilitation and restoration of offenders as
useful, law-abiding citizens within the community. To achieve these purposes more effectively in a coordinated and united
manner, the Department shall be completely responsible for the maintenance, supervision and administration of adult detention
and correctional services and facilities of the State, which include institutional facilities and probation and parole services.
These institutions and services shall be diversified in program, construction and staff to provide effectively and efficiently
for the maximum study, care, custody, training and supervision and treatment of those persons committed to the institutional
facilities or on probation or parole, so that they may be prepared for release, aftercare, discharge or supervision in the
community. This chapter shall be liberally construed so as to effectuate its purposes.
(b) The Department shall accept custody of all persons committed to it by courts of competent jurisdiction. Persons committed
to the custody of the Department shall not be released from custody except in accordance with this title or by order of a
court of competent jurisdiction.
(c) Nothing in this title shall be construed to require the release of persons committed to the custody of the Department,
nor shall anything in this title be construed as a limitation on the inmate population at any of the facilities maintained
by the Department.
Nothing in any regulation promulgated by the Department shall be construed as a limitation on the inmate population at any
of the facilities maintained by the Department.
(d) In the event that: (1) The number of persons housed by the Department at any of its facilities exceeds the design capacity
of that facility; and (2) because the inmate population at that facility exceeds the design capacity of that facility the
Department is unable to provide conditions of confinement as may otherwise be required by this title or by the regulations
promulgated by the Department, then the Department shall not be required to provide said conditions of confinement to the
extent it is unable to do so because of the inmate population at that facility. The Commissioner shall determine the design
capacity of each of the facilities maintained by the Department.
(e) For purposes of this section, the term "inmate population" shall include both convicted and pretrial detentioners.
11 Del. C. 1953, § 6501; 54 Del. Laws, c. 349, § 1; 62 Del. Laws, c. 61, §§ 1, 2.;
§ 6503. Definitions.
As used in this chapter:
(1) "Board" or "Board of Correction" means the Department of Correction.
(2) "Commissioner" or "Commissioner of Correction" means the Commissioner of the Department of Correction.
(3) "Department" means the Department of Correction. References in other statutes to the State Board of Corrections or Board
of Trustees or workhouse or jail shall be deemed to mean the Department.
(4) "Law" includes the laws and ordinances of this State, political subdivisions and municipalities thereof.
(5) "Offender" includes any person convicted of a crime or offense as defined in § 101 of this title or the ordinances of
any incorporated municipality of this State, including a person committed for civil or criminal contempt, except,
a. A person not yet 18 years old when adjudged by a Family or Juvenile Court of this State except when committed to the Department
in accordance with law, and
b. A person who has been determined to be mentally ill or criminally inclined and has been committed to another appropriate
authority.
11 Del. C. 1953, § 6502; 54 Del. Laws, c. 349, § 1; 57 Del. Laws, c. 591, § 47; 58 Del. Laws, c. 172, § 2; 60 Del. Laws, c. 251, §§ 11-13; 64 Del. Laws, c. 108, § 15.;
§ 6504. General powers and duties of the Department.
The Department, subject only to powers vested in the judicial and certain executive departments and officers of the State,
shall have the duties set forth in this chapter and the exclusive jurisdiction over the care, charge, custody, control, management,
administration and supervision of:
(1) All offenders and persons under the custody of the Department;
(2) All institutions for the custody, correction and rehabilitation of persons committed to its care;
(3) Such other facilities as may be established by the Department for the safekeeping, correction or rehabilitation of offenders
and persons;
(4) Probation services for courts having jurisdiction of offenders;
(5) Parole services for persons within the institutions and facilities of the Department or on parole;
(6) Furnishing the Board of Parole adequate office facilities and supplies to properly perform its duties; to transmit the
Board of Parole's budget with its own;
(7) Providing consultation services and establishing standards on the design and construction of buildings, programs, administration
of detention, jail or other facilities, operated by any county or municipality, and to provide a course of training for the
personnel of same and establish standards for the same, with annual inspections, publishing the results of such inspections,
as well as statistical and other data on persons held in the same;
(8) Operating classification committees, diagnostic and treatment programs and such other programs as may be desirable to
fulfill the purposes of this chapter;
(9) Employing such officers, employees and agents and securing offices and quarters as deemed necessary to discharge the functions
of the Department;
(10) Receiving all offenders committed to the Department;
(11) Executing the orders of the court as to sentences of corporal and capital punishment;
(12) Selling the products of its institutions and farms to other institutions supported in all or part by taxes levied within
the State, prices to be set as provided by rules of the Department. All funds received from such sales shall be deposited
in the General Fund. In the event that there is a surplus of the products of the Department's institutions and farms which
cannot be sold to the other institutions supported in whole or part by taxes levied within the State, the Department may sell
such surplus products on the open market. All funds received from such sales shall be deposited in the General Fund;
(13) To agree with the proper authorities of the United States for payment to the General Fund of the State of such sums as
shall be fixed by the Department for the maintenance and support of offenders committed to the Department by authority of
the United States;
(14) Collecting a fee as a condition of probation supervision. An offender sentenced to probation shall be charged a fixed
fee of $200 for each period of probation. If an offender is serving multiple sentences of probation simultaneously, the sentences
shall be treated as 1 period of probation for the purposes of assessing and collecting the supervision fee. The Director of
Community Services shall develop policies and procedures with regard to determining an offender's ability to pay the fee.
Such policies and procedures shall be applied on a consistent basis to all offenders, and shall be subject to approval by
the Commissioner of Correction. In the event the Department determines an offender is unable to pay the fee due to lack of
employment or other significant extenuating circumstances, such as an offender's responsibility to remit payment for victim
compensation, restitution or child support, said inability shall not constitute a violation of supervision. The offender shall
remain liable to pay the fee at such time as the Department determines offender is able to do so.
11 Del. C. 1953, § 6505; 54 Del. Laws, c. 349, § 1; 64 Del. Laws, c. 108, § 15; 66 Del. Laws, c. 233, § 1; 68 Del. Laws, c. 289, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 27, § 6.;
§ 6505. Powers of the Board.
The Board shall be the general policymaking authority for the Department, not its administrative or executive head, but the
administrative or executive head shall be responsible directly to the Board which shall have such other duties as are granted
in this chapter. The Board shall:
(1) Establish criteria for the employment of, and screening applications for, the office of Commissioner;
(2) Assist in developing modern personnel policies for the Department, including written job descriptions and qualifications
and criteria for the employment of personnel for each position in the Department;
(3) Make regular visits in and observations of all Department-operated facilities and services;
(4) Continually review Department policy and operation;
(5) Study procedures in and the development and progress of the correctional system, including probation and parole, of this
State; study and consult with officers and other personnel concerning correctional institutions and probation and parole systems
elsewhere; but, primarily, interpret the Department's responsibilities, problems, functions and needs;
(6) Review and frame proposals concerning legislation important to the Department.
11 Del. C. 1953, § 6513; 54 Del. Laws, c. 349, § 1.;
§ 6506. Employment of personnel.
(a) The Department shall be the hiring agency for all correctional guards or officers employed by the Department. Any applicant
for employment by the Department shall take such physical, mental and intelligence tests as the Department shall prescribe,
and shall provide the Department with such information as it may need for its employment decisions.
(b) Prior to making an employment decision on an applicant for employment by the Department, the Department shall fingerprint
the applicant and provide the fingerprints to the State Bureau of Identification for the purpose of obtaining the applicants
entire criminal history record from both the State and the Federal Bureau of Investigation. Prior to employing the applicant,
the Department shall complete a computerized name search of the National Crime Information Center (NCIC) and the Criminal
Justice Information System (CJIS) maintained by the Delaware Criminal Justice Information System (DELJIS) to determine if
the applicant has any criminal history record information. Based on the results of the computerized name searches for criminal
history records, the Department may not employ any individual who has ever been convicted of a felony offense in this or any
other state or jurisdiction, or who has ever been convicted of an offense in another state or jurisdiction that would be a
felony offense in the State of Delaware. Upon receiving the results of the fingerprint bases searches for criminal history
record information, the Department shall immediately terminate the employment of any individual employed by the Department
who has ever been convicted of a felony offense in this or any other state or jurisdiction, or who has ever been convicted
of an offense in another state or jurisdiction that would be a felony offense in the State of Delaware.
(c) The initial employment of any person by the Department shall be on a probationary basis for the first 6 months or in accordance
with the union contract during which time the probationary employee shall not be eligible for merit system status. Upon the
successful completion of the probationary period, the employee shall be covered by the classified service as defined under
Chapter 59 of Title 29.
60 Del. Laws, c. 654, § 1; 73 Del. Laws, c. 66, § 1.;
There is established a Department of Correction. Said Department shall be a continuation of and successor to the State Board
of Corrections existing prior to July 8, 1964.
11 Del. C. 1953, § 6504; 54 Del. Laws, c. 349, § 1.;
§ 6502. Purposes and construction; custody of inmates.
(a) A Department of Correction is established to provide for the treatment, rehabilitation and restoration of offenders as
useful, law-abiding citizens within the community. To achieve these purposes more effectively in a coordinated and united
manner, the Department shall be completely responsible for the maintenance, supervision and administration of adult detention
and correctional services and facilities of the State, which include institutional facilities and probation and parole services.
These institutions and services shall be diversified in program, construction and staff to provide effectively and efficiently
for the maximum study, care, custody, training and supervision and treatment of those persons committed to the institutional
facilities or on probation or parole, so that they may be prepared for release, aftercare, discharge or supervision in the
community. This chapter shall be liberally construed so as to effectuate its purposes.
(b) The Department shall accept custody of all persons committed to it by courts of competent jurisdiction. Persons committed
to the custody of the Department shall not be released from custody except in accordance with this title or by order of a
court of competent jurisdiction.
(c) Nothing in this title shall be construed to require the release of persons committed to the custody of the Department,
nor shall anything in this title be construed as a limitation on the inmate population at any of the facilities maintained
by the Department.
Nothing in any regulation promulgated by the Department shall be construed as a limitation on the inmate population at any
of the facilities maintained by the Department.
(d) In the event that: (1) The number of persons housed by the Department at any of its facilities exceeds the design capacity
of that facility; and (2) because the inmate population at that facility exceeds the design capacity of that facility the
Department is unable to provide conditions of confinement as may otherwise be required by this title or by the regulations
promulgated by the Department, then the Department shall not be required to provide said conditions of confinement to the
extent it is unable to do so because of the inmate population at that facility. The Commissioner shall determine the design
capacity of each of the facilities maintained by the Department.
(e) For purposes of this section, the term "inmate population" shall include both convicted and pretrial detentioners.
11 Del. C. 1953, § 6501; 54 Del. Laws, c. 349, § 1; 62 Del. Laws, c. 61, §§ 1, 2.;
§ 6503. Definitions.
As used in this chapter:
(1) "Board" or "Board of Correction" means the Department of Correction.
(2) "Commissioner" or "Commissioner of Correction" means the Commissioner of the Department of Correction.
(3) "Department" means the Department of Correction. References in other statutes to the State Board of Corrections or Board
of Trustees or workhouse or jail shall be deemed to mean the Department.
(4) "Law" includes the laws and ordinances of this State, political subdivisions and municipalities thereof.
(5) "Offender" includes any person convicted of a crime or offense as defined in § 101 of this title or the ordinances of
any incorporated municipality of this State, including a person committed for civil or criminal contempt, except,
a. A person not yet 18 years old when adjudged by a Family or Juvenile Court of this State except when committed to the Department
in accordance with law, and
b. A person who has been determined to be mentally ill or criminally inclined and has been committed to another appropriate
authority.
11 Del. C. 1953, § 6502; 54 Del. Laws, c. 349, § 1; 57 Del. Laws, c. 591, § 47; 58 Del. Laws, c. 172, § 2; 60 Del. Laws, c. 251, §§ 11-13; 64 Del. Laws, c. 108, § 15.;
§ 6504. General powers and duties of the Department.
The Department, subject only to powers vested in the judicial and certain executive departments and officers of the State,
shall have the duties set forth in this chapter and the exclusive jurisdiction over the care, charge, custody, control, management,
administration and supervision of:
(1) All offenders and persons under the custody of the Department;
(2) All institutions for the custody, correction and rehabilitation of persons committed to its care;
(3) Such other facilities as may be established by the Department for the safekeeping, correction or rehabilitation of offenders
and persons;
(4) Probation services for courts having jurisdiction of offenders;
(5) Parole services for persons within the institutions and facilities of the Department or on parole;
(6) Furnishing the Board of Parole adequate office facilities and supplies to properly perform its duties; to transmit the
Board of Parole's budget with its own;
(7) Providing consultation services and establishing standards on the design and construction of buildings, programs, administration
of detention, jail or other facilities, operated by any county or municipality, and to provide a course of training for the
personnel of same and establish standards for the same, with annual inspections, publishing the results of such inspections,
as well as statistical and other data on persons held in the same;
(8) Operating classification committees, diagnostic and treatment programs and such other programs as may be desirable to
fulfill the purposes of this chapter;
(9) Employing such officers, employees and agents and securing offices and quarters as deemed necessary to discharge the functions
of the Department;
(10) Receiving all offenders committed to the Department;
(11) Executing the orders of the court as to sentences of corporal and capital punishment;
(12) Selling the products of its institutions and farms to other institutions supported in all or part by taxes levied within
the State, prices to be set as provided by rules of the Department. All funds received from such sales shall be deposited
in the General Fund. In the event that there is a surplus of the products of the Department's institutions and farms which
cannot be sold to the other institutions supported in whole or part by taxes levied within the State, the Department may sell
such surplus products on the open market. All funds received from such sales shall be deposited in the General Fund;
(13) To agree with the proper authorities of the United States for payment to the General Fund of the State of such sums as
shall be fixed by the Department for the maintenance and support of offenders committed to the Department by authority of
the United States;
(14) Collecting a fee as a condition of probation supervision. An offender sentenced to probation shall be charged a fixed
fee of $200 for each period of probation. If an offender is serving multiple sentences of probation simultaneously, the sentences
shall be treated as 1 period of probation for the purposes of assessing and collecting the supervision fee. The Director of
Community Services shall develop policies and procedures with regard to determining an offender's ability to pay the fee.
Such policies and procedures shall be applied on a consistent basis to all offenders, and shall be subject to approval by
the Commissioner of Correction. In the event the Department determines an offender is unable to pay the fee due to lack of
employment or other significant extenuating circumstances, such as an offender's responsibility to remit payment for victim
compensation, restitution or child support, said inability shall not constitute a violation of supervision. The offender shall
remain liable to pay the fee at such time as the Department determines offender is able to do so.
11 Del. C. 1953, § 6505; 54 Del. Laws, c. 349, § 1; 64 Del. Laws, c. 108, § 15; 66 Del. Laws, c. 233, § 1; 68 Del. Laws, c. 289, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 27, § 6.;
§ 6505. Powers of the Board.
The Board shall be the general policymaking authority for the Department, not its administrative or executive head, but the
administrative or executive head shall be responsible directly to the Board which shall have such other duties as are granted
in this chapter. The Board shall:
(1) Establish criteria for the employment of, and screening applications for, the office of Commissioner;
(2) Assist in developing modern personnel policies for the Department, including written job descriptions and qualifications
and criteria for the employment of personnel for each position in the Department;
(3) Make regular visits in and observations of all Department-operated facilities and services;
(4) Continually review Department policy and operation;
(5) Study procedures in and the development and progress of the correctional system, including probation and parole, of this
State; study and consult with officers and other personnel concerning correctional institutions and probation and parole systems
elsewhere; but, primarily, interpret the Department's responsibilities, problems, functions and needs;
(6) Review and frame proposals concerning legislation important to the Department.
11 Del. C. 1953, § 6513; 54 Del. Laws, c. 349, § 1.;
§ 6506. Employment of personnel.
(a) The Department shall be the hiring agency for all correctional guards or officers employed by the Department. Any applicant
for employment by the Department shall take such physical, mental and intelligence tests as the Department shall prescribe,
and shall provide the Department with such information as it may need for its employment decisions.
(b) Prior to making an employment decision on an applicant for employment by the Department, the Department shall fingerprint
the applicant and provide the fingerprints to the State Bureau of Identification for the purpose of obtaining the applicants
entire criminal history record from both the State and the Federal Bureau of Investigation. Prior to employing the applicant,
the Department shall complete a computerized name search of the National Crime Information Center (NCIC) and the Criminal
Justice Information System (CJIS) maintained by the Delaware Criminal Justice Information System (DELJIS) to determine if
the applicant has any criminal history record information. Based on the results of the computerized name searches for criminal
history records, the Department may not employ any individual who has ever been convicted of a felony offense in this or any
other state or jurisdiction, or who has ever been convicted of an offense in another state or jurisdiction that would be a
felony offense in the State of Delaware. Upon receiving the results of the fingerprint bases searches for criminal history
record information, the Department shall immediately terminate the employment of any individual employed by the Department
who has ever been convicted of a felony offense in this or any other state or jurisdiction, or who has ever been convicted
of an offense in another state or jurisdiction that would be a felony offense in the State of Delaware.
(c) The initial employment of any person by the Department shall be on a probationary basis for the first 6 months or in accordance
with the union contract during which time the probationary employee shall not be eligible for merit system status. Upon the
successful completion of the probationary period, the employee shall be covered by the classified service as defined under
Chapter 59 of Title 29.
60 Del. Laws, c. 654, § 1; 73 Del. Laws, c. 66, § 1.;