§ 6533 — Outside employment; work release

Delaware § 6533

• Jurisdiction: Delaware
• Title: 11
• Part: Prisons and Prisoners
• Ch. 65: DEPARTMENT OF CORRECTION
• Subch.: Classification and Employment

Text

(a) The Department shall adopt rules and regulations governing the employment of trustworthy inmates outside the institutions and facilities under the jurisdiction of the Department. Said Department shall adopt policies and procedures outlining the latitude and limitations of employers who utilize the service of inmates and provide provisions for any violation by said employer.

(b) Any inmate employed under subsection (a) of this section shall continue to be in the legal custody of the Department, notwithstanding the inmate’s absence from an institution by reason of such employment and any employer of any such person shall be considered the representative of, or keeper for, the Department.

(c) Whoever, being an employer or other person, through negligent control of the inmate or otherwise, permits, or whoever counsels, advises, aids, assists, abets or procures the escape from the legal control of the Department of any inmate employed under this subchapter, shall be fined, or imprisoned, or both.

(d) Notwithstanding any other provision of this section or title to the contrary, no person shall be permitted work release under this section, until such person is within 6 months from the date of such person’s release from custody, as determined by the Department, if the person is:

(1) Serving a sentence imposed for a class A felony; or

(2) Serving a sentence imposed pursuant to § 4214 of this title; or

(3) Has previously been convicted of 2 or more of the following crimes set forth in this title under sections:

513 Conspiracy first degree;

531 Any attempt to commit any crime listed in this paragraph;

604 Reckless endangering first degree;

612 Assault second degree;

613 Assault first degree;

629 Vehicular assault first degree;

630 Vehicular homicide second degree;

630A Vehicular homicide first degree;

631 Criminally negligent homicide;

632 Manslaughter;

635 Murder second degree;

768 Unlawful sexual contact second degree;

769 Unlawful sexual contact first degree;

[Former] 770 Unlawful sexual penetration third degree;

[Former] 771 Unlawful sexual penetration second degree;

[Former] 772 Unlawful sexual penetration first degree;

[Former] 773 Unlawful sexual intercourse third degree;

[Former] 774 Unlawful sexual intercourse second degree;

770 Rape in the fourth degree;

771 Rape in the third degree;

772 Rape in the second degree;

773 Rape in the first degree;

776 Continuous sexual abuse of a child;

782 Unlawful imprisonment first degree;

783 Kidnapping second degree;

783A Kidnapping first degree;

801 Arson third degree;

802 Arson second degree;

803 Arson first degree;

831 Robbery second degree;

832 Robbery first degree;

[Former] 835 Carjacking in the second degree;

[Former] 836 Carjacking in the first degree;

1108 Sexual exploitation of a child;

1254 Assault in a detention facility;

1302 Riot;

1312A Stalking;

1338 Bombs, incendiary devices, Molotov cocktails and explosive devices;

1447 Possession of a deadly weapon during the commission of a felony;

1447A Possession of a firearm or projectile weapon during the commission of a felony;

1448 Possession of a deadly weapon by a person prohibited; or

3533 Aggravated act of intimidation.

(e) All wages, salary, or other compensation earned by or payable to an inmate employed in accordance with this section shall be placed in said inmate’s account and subject to deductions in accordance with the provisions of § 6532(f) of this title.

(f) Notwithstanding any other provision of this section or title to the contrary, no person who has previously been convicted under § 1252 or § 1253 of this title or any attempt to commit such crimes under § 531 of this title shall be permitted outside employment or work release under this section.

(g) Funds collected for goods produced or services performed by offenders housed at a Community Corrections facility shall be deposited in the Bureau of Community Corrections Special Services Fund. Such funds shall be used to support the operational costs for offender re-entry and work programs in the Bureau of Community Corrections. The Bureau of Community Corrections Special Services Fund shall be appropriated and expended in conformity with the annual Appropriations Act of the State.

Legislative History

11 Del. C. 1953, § 6533; 54 Del. Laws, c. 349, § 1 ; 58 Del. Laws, c. 433 ; 60 Del. Laws, c. 705, § 1 ; 61 Del. Laws, c. 363, § 1 ; 67 Del. Laws, c. 396, § 3 ; 70 Del. Laws, c. 181, §§ 1, 2 ; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 285, §§ 19, 20 ; 72 Del. Laws, c. 34, § 6 ; 77 Del. Laws, c. 318, § 6 ; 78 Del. Laws, c. 290, § 210 ; 82 Del. Laws, c. 216, § 1 ; 84 Del. Laws, c. 525, § 27