The Commissioner shall assume full and active charge of the Department, its facilities and services, and is the chief executive
and administrative officer of the Department.
11 Del. C. 1953, § 6516; 54 Del. Laws, c. 349, § 1.;
§ 6517. Duties and responsibilities of the Commissioner.
The Commissioner shall carry out and provide for:
(1) Promulgating rules and regulations to carry out the Commissioner's duties and operate the Department which shall not be
inconsistent with the general policies of the Board;
(2) The organization, maintenance, control and operation of the Department;
(3) The custody, study, training, treatment, correction and rehabilitation of persons committed to the Department;
(4) Regulating the nature and limitations of authorized punishments for violations of the rules established for the government
of any institution or facility under the jurisdiction of the Department, but corporal punishment shall not be inflicted therefor;
providing by general rule for a merit system for reduction of confinement;
(5) The administration, supervision, operation, management and control of state correction institutions, farms or any other
institution or facility under the jurisdiction of the Department;
(6) The management and control of institutional labor and industry;
(7) The operation of probation and parole field services;
(8) The employment of such officers, employees and agents as may be deemed necessary to discharge the functions of the Department,
together with establishing their qualifications and the establishment of a merit system and training programs;
(9) Developing a suitable administrative structure providing for divisions, bureaus and services within the Department;
(10) Governing the transportation and transfer of offenders and persons between the various institutions and facilities under
its jurisdiction or elsewhere as provided in this chapter, transfers to be made by issued orders, the reasons thereof to be
made a matter of record, in each case. No female offender or person shall be transferred unless accompanied by at least 1
female officer or guard;
(11) Managing and supervising the Department and doing any and all things necessary to carry out and to fulfill the purposes
of this chapter;
(12) Periodic reports to the Board of an analysis of the institutions and services within the Department, and analysis and
evaluation of the adequacy and effectiveness of personnel and buildings.
(13) Administering the medical/treatment services contract, or appointing a designee to administer the medical/treatment contract.
11 Del. C. 1953, § 6517; 54 Del. Laws, c. 349, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 320, § 1.;
(a) The Adult Correction Healthcare Review Committee (Committee) is hereby established. The Committee consists of 7 members
with at least 1 representative appointed by each of the following organizations: the Medical Society of Delaware, the Delaware
Psychiatric Society, the Delaware Psychological Association, the Delaware Nurses Association, the Delaware State Bar Association,
an expert in the field of substance abuse treatment, and the Bureau Chief of Correctional Healthcare Services; the chair of
the Committee shall be selected by majority vote of the Committee.
(b) The Committee serves in an advisory capacity to the Commissioner of the Department of Correction on all matters in Delaware's
adult correction system relating to the provision of inmate healthcare services, the review of all inmate deaths and autopsies
relating to those deaths, the construction of healthcare contracts that provide inmate healthcare services, and the review
of all statistics relating to inmate healthcare. The Committee shall not be considered a public body as defined at § 10002(c)
of Title 29.
(c) The Committee shall:
(1) Perform advisory reviews of medical records of inmates who have died while incarcerated;
(2) Review and monitor the quality and appropriateness of healthcare services rendered in Delaware's adult correctional facilities;
(3) Review critical incident and mortality and morbidity review reports;
(4) Receive and review monthly summaries of inmate, staff, public, and other grievances and the resolutions of these grievances
in order to be fully appraised of the state of healthcare services in Delaware's adult correction facilities;
(5) Receive and review monthly reports of inmate hospital admissions and infectious disease diagnoses, such as hepatitis C,
tuberculosis, human immunodeficiency virus (HIV), methicillin resistant staphylococcus aureus (MRSA), and meningitis, from
all adult correction facilities;
(6) Have access to any and all otherwise protected healthcare information relating to current and former inmates supervised
by the Department of Correction notwithstanding any other statute to the contrary; and
(7) Review and advise on any other matters relating to adult inmate healthcare that the Committee considers reasonable and
worthwhile including, but not limited to, the following:
a. Assurance that all inmates receive appropriate and timely services in a safe environment;
b. Systematic monitoring of the treatment environment;
c. Assisting in the reduction of professional and general liability risks;
d. Enhancing efficient utilization of resources;
e. Assisting in credential review;
f. Enhancing the identification of continuing educational needs;
g. Facilitating the identification of strengths, weaknesses, and opportunities for improvement;
h. Facilitating the coordination and integration of information systems; and
i. Assuring the resolution of identified problems.
(d) The Committee shall refer to the appropriate licensing board grievance cases in which there is a serious deviation from
the community standard of care by a healthcare worker or other employee of a prison healthcare contractor, if the healthcare
worker or other employee's profession or occupation is governed under Title 24.
(e) The Department of Correction shall forward copies of National Commission of Correctional Health Care (NCCHC) and American
Correctional Association (ACA) surveys, reports, and evaluations to the Committee upon their request. Whenever a survey, evaluation,
or similar act is conducted by or on behalf of NCCHC or ACA, the Committee may be contacted and be allowed to contribute to
the survey, evaluation, or other activity. The transmission of documents in the possession of the Department of Correction
to the Committee shall not be considered a waiver of any statutory or common law privilege.
(f) Members of the Committee shall be appointed by the Governor and confirmed by the state Senate. The Committee member shall
serve no more than 2 consecutive 3-year terms.
(g) Any document received or generated by the Committee is hereby specifically excluded from the definition of public record
as set forth at § 10002(g) of Title 29.
(h) This section is intended only to provide ongoing independent review, monitoring, advice, and critique of the provision
of healthcare to inmates within the custody of the Department of Correction. Accordingly, nothing in this chapter shall give
rise to any right, entitlement or a private cause of action for civil damages or injunctive relief for any public or private
party.
(i) The Committee shall submit a report by December 31 of each year to the Governor and the General Assembly on the state
of inmate healthcare in Delaware's adult correction system.
The Commissioner shall assume full and active charge of the Department, its facilities and services, and is the chief executive
and administrative officer of the Department.
11 Del. C. 1953, § 6516; 54 Del. Laws, c. 349, § 1.;
§ 6517. Duties and responsibilities of the Commissioner.
The Commissioner shall carry out and provide for:
(1) Promulgating rules and regulations to carry out the Commissioner's duties and operate the Department which shall not be
inconsistent with the general policies of the Board;
(2) The organization, maintenance, control and operation of the Department;
(3) The custody, study, training, treatment, correction and rehabilitation of persons committed to the Department;
(4) Regulating the nature and limitations of authorized punishments for violations of the rules established for the government
of any institution or facility under the jurisdiction of the Department, but corporal punishment shall not be inflicted therefor;
providing by general rule for a merit system for reduction of confinement;
(5) The administration, supervision, operation, management and control of state correction institutions, farms or any other
institution or facility under the jurisdiction of the Department;
(6) The management and control of institutional labor and industry;
(7) The operation of probation and parole field services;
(8) The employment of such officers, employees and agents as may be deemed necessary to discharge the functions of the Department,
together with establishing their qualifications and the establishment of a merit system and training programs;
(9) Developing a suitable administrative structure providing for divisions, bureaus and services within the Department;
(10) Governing the transportation and transfer of offenders and persons between the various institutions and facilities under
its jurisdiction or elsewhere as provided in this chapter, transfers to be made by issued orders, the reasons thereof to be
made a matter of record, in each case. No female offender or person shall be transferred unless accompanied by at least 1
female officer or guard;
(11) Managing and supervising the Department and doing any and all things necessary to carry out and to fulfill the purposes
of this chapter;
(12) Periodic reports to the Board of an analysis of the institutions and services within the Department, and analysis and
evaluation of the adequacy and effectiveness of personnel and buildings.
(13) Administering the medical/treatment services contract, or appointing a designee to administer the medical/treatment contract.
11 Del. C. 1953, § 6517; 54 Del. Laws, c. 349, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 320, § 1.;
(a) The Adult Correction Healthcare Review Committee (Committee) is hereby established. The Committee consists of 7 members
with at least 1 representative appointed by each of the following organizations: the Medical Society of Delaware, the Delaware
Psychiatric Society, the Delaware Psychological Association, the Delaware Nurses Association, the Delaware State Bar Association,
an expert in the field of substance abuse treatment, and the Bureau Chief of Correctional Healthcare Services; the chair of
the Committee shall be selected by majority vote of the Committee.
(b) The Committee serves in an advisory capacity to the Commissioner of the Department of Correction on all matters in Delaware's
adult correction system relating to the provision of inmate healthcare services, the review of all inmate deaths and autopsies
relating to those deaths, the construction of healthcare contracts that provide inmate healthcare services, and the review
of all statistics relating to inmate healthcare. The Committee shall not be considered a public body as defined at § 10002(c)
of Title 29.
(c) The Committee shall:
(1) Perform advisory reviews of medical records of inmates who have died while incarcerated;
(2) Review and monitor the quality and appropriateness of healthcare services rendered in Delaware's adult correctional facilities;
(3) Review critical incident and mortality and morbidity review reports;
(4) Receive and review monthly summaries of inmate, staff, public, and other grievances and the resolutions of these grievances
in order to be fully appraised of the state of healthcare services in Delaware's adult correction facilities;
(5) Receive and review monthly reports of inmate hospital admissions and infectious disease diagnoses, such as hepatitis C,
tuberculosis, human immunodeficiency virus (HIV), methicillin resistant staphylococcus aureus (MRSA), and meningitis, from
all adult correction facilities;
(6) Have access to any and all otherwise protected healthcare information relating to current and former inmates supervised
by the Department of Correction notwithstanding any other statute to the contrary; and
(7) Review and advise on any other matters relating to adult inmate healthcare that the Committee considers reasonable and
worthwhile including, but not limited to, the following:
a. Assurance that all inmates receive appropriate and timely services in a safe environment;
b. Systematic monitoring of the treatment environment;
c. Assisting in the reduction of professional and general liability risks;
d. Enhancing efficient utilization of resources;
e. Assisting in credential review;
f. Enhancing the identification of continuing educational needs;
g. Facilitating the identification of strengths, weaknesses, and opportunities for improvement;
h. Facilitating the coordination and integration of information systems; and
i. Assuring the resolution of identified problems.
(d) The Committee shall refer to the appropriate licensing board grievance cases in which there is a serious deviation from
the community standard of care by a healthcare worker or other employee of a prison healthcare contractor, if the healthcare
worker or other employee's profession or occupation is governed under Title 24.
(e) The Department of Correction shall forward copies of National Commission of Correctional Health Care (NCCHC) and American
Correctional Association (ACA) surveys, reports, and evaluations to the Committee upon their request. Whenever a survey, evaluation,
or similar act is conducted by or on behalf of NCCHC or ACA, the Committee may be contacted and be allowed to contribute to
the survey, evaluation, or other activity. The transmission of documents in the possession of the Department of Correction
to the Committee shall not be considered a waiver of any statutory or common law privilege.
(f) Members of the Committee shall be appointed by the Governor and confirmed by the state Senate. The Committee member shall
serve no more than 2 consecutive 3-year terms.
(g) Any document received or generated by the Committee is hereby specifically excluded from the definition of public record
as set forth at § 10002(g) of Title 29.
(h) This section is intended only to provide ongoing independent review, monitoring, advice, and critique of the provision
of healthcare to inmates within the custody of the Department of Correction. Accordingly, nothing in this chapter shall give
rise to any right, entitlement or a private cause of action for civil damages or injunctive relief for any public or private
party.
(i) The Committee shall submit a report by December 31 of each year to the Governor and the General Assembly on the state
of inmate healthcare in Delaware's adult correction system.
The Commissioner shall assume full and active charge of the Department, its facilities and services, and is the chief executive
and administrative officer of the Department.
11 Del. C. 1953, § 6516; 54 Del. Laws, c. 349, § 1.;
§ 6517. Duties and responsibilities of the Commissioner.
The Commissioner shall carry out and provide for:
(1) Promulgating rules and regulations to carry out the Commissioner's duties and operate the Department which shall not be
inconsistent with the general policies of the Board;
(2) The organization, maintenance, control and operation of the Department;
(3) The custody, study, training, treatment, correction and rehabilitation of persons committed to the Department;
(4) Regulating the nature and limitations of authorized punishments for violations of the rules established for the government
of any institution or facility under the jurisdiction of the Department, but corporal punishment shall not be inflicted therefor;
providing by general rule for a merit system for reduction of confinement;
(5) The administration, supervision, operation, management and control of state correction institutions, farms or any other
institution or facility under the jurisdiction of the Department;
(6) The management and control of institutional labor and industry;
(7) The operation of probation and parole field services;
(8) The employment of such officers, employees and agents as may be deemed necessary to discharge the functions of the Department,
together with establishing their qualifications and the establishment of a merit system and training programs;
(9) Developing a suitable administrative structure providing for divisions, bureaus and services within the Department;
(10) Governing the transportation and transfer of offenders and persons between the various institutions and facilities under
its jurisdiction or elsewhere as provided in this chapter, transfers to be made by issued orders, the reasons thereof to be
made a matter of record, in each case. No female offender or person shall be transferred unless accompanied by at least 1
female officer or guard;
(11) Managing and supervising the Department and doing any and all things necessary to carry out and to fulfill the purposes
of this chapter;
(12) Periodic reports to the Board of an analysis of the institutions and services within the Department, and analysis and
evaluation of the adequacy and effectiveness of personnel and buildings.
(13) Administering the medical/treatment services contract, or appointing a designee to administer the medical/treatment contract.
11 Del. C. 1953, § 6517; 54 Del. Laws, c. 349, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 320, § 1.;
(a) The Adult Correction Healthcare Review Committee (Committee) is hereby established. The Committee consists of 7 members
with at least 1 representative appointed by each of the following organizations: the Medical Society of Delaware, the Delaware
Psychiatric Society, the Delaware Psychological Association, the Delaware Nurses Association, the Delaware State Bar Association,
an expert in the field of substance abuse treatment, and the Bureau Chief of Correctional Healthcare Services; the chair of
the Committee shall be selected by majority vote of the Committee.
(b) The Committee serves in an advisory capacity to the Commissioner of the Department of Correction on all matters in Delaware's
adult correction system relating to the provision of inmate healthcare services, the review of all inmate deaths and autopsies
relating to those deaths, the construction of healthcare contracts that provide inmate healthcare services, and the review
of all statistics relating to inmate healthcare. The Committee shall not be considered a public body as defined at § 10002(c)
of Title 29.
(c) The Committee shall:
(1) Perform advisory reviews of medical records of inmates who have died while incarcerated;
(2) Review and monitor the quality and appropriateness of healthcare services rendered in Delaware's adult correctional facilities;
(3) Review critical incident and mortality and morbidity review reports;
(4) Receive and review monthly summaries of inmate, staff, public, and other grievances and the resolutions of these grievances
in order to be fully appraised of the state of healthcare services in Delaware's adult correction facilities;
(5) Receive and review monthly reports of inmate hospital admissions and infectious disease diagnoses, such as hepatitis C,
tuberculosis, human immunodeficiency virus (HIV), methicillin resistant staphylococcus aureus (MRSA), and meningitis, from
all adult correction facilities;
(6) Have access to any and all otherwise protected healthcare information relating to current and former inmates supervised
by the Department of Correction notwithstanding any other statute to the contrary; and
(7) Review and advise on any other matters relating to adult inmate healthcare that the Committee considers reasonable and
worthwhile including, but not limited to, the following:
a. Assurance that all inmates receive appropriate and timely services in a safe environment;
b. Systematic monitoring of the treatment environment;
c. Assisting in the reduction of professional and general liability risks;
d. Enhancing efficient utilization of resources;
e. Assisting in credential review;
f. Enhancing the identification of continuing educational needs;
g. Facilitating the identification of strengths, weaknesses, and opportunities for improvement;
h. Facilitating the coordination and integration of information systems; and
i. Assuring the resolution of identified problems.
(d) The Committee shall refer to the appropriate licensing board grievance cases in which there is a serious deviation from
the community standard of care by a healthcare worker or other employee of a prison healthcare contractor, if the healthcare
worker or other employee's profession or occupation is governed under Title 24.
(e) The Department of Correction shall forward copies of National Commission of Correctional Health Care (NCCHC) and American
Correctional Association (ACA) surveys, reports, and evaluations to the Committee upon their request. Whenever a survey, evaluation,
or similar act is conducted by or on behalf of NCCHC or ACA, the Committee may be contacted and be allowed to contribute to
the survey, evaluation, or other activity. The transmission of documents in the possession of the Department of Correction
to the Committee shall not be considered a waiver of any statutory or common law privilege.
(f) Members of the Committee shall be appointed by the Governor and confirmed by the state Senate. The Committee member shall
serve no more than 2 consecutive 3-year terms.
(g) Any document received or generated by the Committee is hereby specifically excluded from the definition of public record
as set forth at § 10002(g) of Title 29.
(h) This section is intended only to provide ongoing independent review, monitoring, advice, and critique of the provision
of healthcare to inmates within the custody of the Department of Correction. Accordingly, nothing in this chapter shall give
rise to any right, entitlement or a private cause of action for civil damages or injunctive relief for any public or private
party.
(i) The Committee shall submit a report by December 31 of each year to the Governor and the General Assembly on the state
of inmate healthcare in Delaware's adult correction system.
