Department of Correction

Del. Code tit. 29, ch. 89
in effect

Del. Code tit. 29, § 8902 Appointment, qualifications, etc., of Commissioner; Deputy Commissioner; bureau chiefs; Acting Commissioner.

(a) The administrator and head of the Department is the Commissioner of the Department of Correction (“Commissioner”), who must be a person qualified by training and experience to perform the duties of the office. (1) The Commissioner is appointed, confirmed, and holds office as provided in § 10 of Article III of the Delaware Constitution. (2) The Commissioner is to be paid an annual salary as determined by the General Assembly in the annual appropriations act. (3) The Commissioner must obtain and retain residency in this State as provided in § 10 of Article III of the Delaware Constitution. (b) In the event the position of Commissioner is vacant, the Governor, by appointment, shall have the power to fill the position or positions of Deputy Commissioner and bureau chief as are vacant. Deputy Commissioner and chiefs so appointed shall serve at the pleasure of the Governor, and, upon the position of Commissioner being filled, such Deputy Commissioner and chiefs may be removed from office by the Commissioner with the written approval of the Governor. (c) In the event of death, resignation, temporary incapacity or removal of the Commissioner and prior to the appointment of a successor, the Governor may appoint the Deputy Commissioner or chief of any bureau of the Department to serve as Acting Commissioner. The Governor may during the Commissioner’s absence from the State appoint the Deputy Commissioner or chief of any bureau of the Department to serve as Acting Commissioner during such absence. In either case, the Acting Commissioner shall have all the powers and perform all the duties and functions of the Commissioner during such absence or incapacity or until the successor is duly qualified and appointed.

Del. Code tit. 29, § 8903 Powers, duties and functions — Commissioner.

The Commissioner shall: (1) Supervise, direct and account for the administration and operation of the Department, its bureaus, subbureaus, offices, functions and employees; (2) Appoint and fix the salary, with the written approval of the Governor, of the Deputy Commissioner and chiefs of the Department’s Bureaus and other office heads, who may be removed from office by the Commissioner with the written approval of the Governor, and who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Commissioner. (3) Appoint such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law; (4) Establish, consolidate, abolish, transfer or combine the powers, duties and functions of the bureaus, subbureaus and offices within the Department as the Commissioner, with the written approval of the Governor, may deem necessary, providing that all powers, duties and functions required by law shall be provided for and maintained; (5) Make and enter into any and all contracts, agreements or stipulations, and retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract, consulting, research, technical and other services and facilities, whenever the same shall be deemed by the Commission necessary or desirable, in the performance of the functions of the Department, and whenever funds shall be available for such purpose. All necessary legal services shall be provided pursuant to Chapter 25 of this title; (6) Delegate any of the Commissioner’s powers, duties or functions to the Deputy Commissioner or a chief of a bureau, except the power to remove employees of the Department or to fix their compensation; (7) Establish and promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Commissioner and which are not inconsistent with the laws of this State; (8) Maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department; (9) Adopt an official seal or seals for the Department; (10) Adopt a plan for use of personnel within the correctional system; (11) Adopt a plan to identify and classify very low risk inmates convicted of misdemeanors and sentenced to serve no more than 24 months of incarceration and to provide an ongoing list of such inmates eligible for release to alternative programs of punishment which do not include incarceration. Such plan shall include a provision that all inmates sentenced to serve no more than 24 months of incarceration shall be so identified and classified within 90 days of their commitment to an institution supervised by the Department; (12) Devise and adopt a plan to provide weapons training to all probation and parole officers. Such plan shall include an option for each such officer to carry a firearm, after successful completion of a course in weapons, during work in the field. Said course of training shall meet or exceed the standards established by the Police Officer Standards and Training Commission. Such plan shall be in operation no later than September 15, 1992; (13) Upon an order of the court directing the Department to debit moneys in an inmate account in accordance with Chapter 88 of Title 10, the Department shall, to the extent adequate funds are available, transfer such moneys to the court. To the extent an inmate’s account does not have adequate funds to comply with the court’s order, the Department shall debit the inmate’s account for future payment to the court. The Department shall retain records of an inmate’s account upon the release of the prisoner from the custody of the Department if such account has a negative balance pursuant to a court order under Chapter 88 of Title 10. The outstanding balance of such an account shall be reinstated should that person be committed to the custody of the Department at some future time. Notwithstanding the above, no court order pursuant to Chapter 88 of Title 10, shall have priority over charges or debits pursuant to § 6536(b) or (c) of Title 11; and (14) Provide feminine hygiene products to inmates at no cost in facilities maintained by the Department. For purposes of this paragraph, “feminine hygiene products” means tampons and sanitary napkins, for use in connection with the menstrual cycle.

Del. Code tit. 29, § 8904 Powers, duties and functions — Department.

The Department of Correction shall have the powers, duties and functions as follows: (1) To perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in: The Division of Corrections, pursuant to Chapter 79 of this title, which was vested with the powers, duties and functions which were previously vested in: a. The Department of Correction and the Board of Correction pursuant to Chapters 43 and 65 of Title 11; b. [Repealed.] (2) The Department of Correction shall furnish the Board of Parole adequate office facilities and supplies to properly perform its duties pursuant to Chapter 43 of Title 11.

Del. Code tit. 29, § 8905 Council on Correction.

(a) Purpose. — The Council on Correction, referred throughout this section as “the Council,” is established to serve in an advisory capacity to the Commissioner of the Department of Correction. The Council’s purpose is to collect and evaluate the best available data to make recommendations to the Commissioner of the Department of Correction to further the following goals: (1) Enhance the safe and orderly operation of Department of Correction facilities, for both employees and offenders. (2) Enhance the efficiency of Department of Correction policies. (3) Ensure system and offender accountability. (4) Foster a constructive and respectful relationship between the Department of Correction and the public. (b) The Council shall consider matters relating to the development and progress of the adult correctional system of this State, including all of the following: (1) Correctional facilities. (2) Services provided to an adult offender. (3) The care and supervision of an individual released on probation or parole. (4) Another matter that the Governor, the Commissioner of the Department of Correction, or a chief of a bureau or division within the Department of Correction may refer to the Council. (c) The Council may study, research, plan, and advise the Governor, the Commissioner of the Department of Correction, or the chiefs of the bureaus or divisions within the Department of Correction on matters that the Council identifies as appropriate to enable the Department to function in the best manner. (d) Council membership. — (1) The Council is comprised of 7 members who are appointed by the Governor. The Council may submit names for the Governor to consider when making an appointment. (2) Each member is appointed for a period of 3 years. Each term of office expires on the date specified in the appointment; however, a member remains eligible to participate in council proceedings until the Governor replaces that member. The Governor may appoint a member for a term of less than 3 years to ensure that members’ terms expire on a staggered basis. (3) The Council shall annually elect a chair and a vice chair from among its members. (4) a. The Governor may remove a member for gross inefficiency, misfeasance, nonfeasance, or neglect of duty in office. b. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular council meetings without good cause or attends less than 50% of council meetings in a calendar year. c. The Governor may consider a member who is deemed in neglect of duty as having resigned, and may accept the member’s resignation. (5) A member does not receive compensation but may be reimbursed for actual and necessary expenses incurred in the performance of official duties. (e) Meetings and quorum. — (1) The Council shall meet at least 6 times per year. (2) The Council shall conduct at least 1 meeting in each county per calendar year. (3) The number of council members who must be present at a meeting to have quorum and conduct official business is the majority of appointed members. A member vacancy is not counted for quorum. (f) The Council may adopt bylaws or other procedural rules to carry out its functions under this section. (g) The Council must conduct its meetings and other business under Chapter 100 of this title (Freedom of Information Act). (h) The Council shall submit an annual report no later than December 1 to the Governor, General Assembly, Commissioner of the Department of Correction, chiefs of the bureaus and divisions under the Department of Correction, Executive Director of the Criminal Justice Council, and Director and the Librarian of the Division of Legislative Services. The annual report must include at least all of the following: (1) Meeting agendas and minutes. (2) Training programs council members completed. (3) The Council’s priorities and activities, including participation in legislative matters. (4) Correspondence with the Commissioner of the Department of Correction and the Department of Correction in general. The correspondence must be redacted to remove any information that is not deemed a public record under § 10002 of this title. (5) The Council’s goals, priorities, and planned activities for the next calendar year. (i) The Council is a Department of Correction entity, but the Criminal Justice Council, through its Executive Director, shall provide reasonable and necessary staff support and materials to assist the Council in performing its duties under this section.

Del. Code tit. 29, § 8906 Exemptions from merit system.

All of the following positions set forth in this section shall specifically be exempt from Chapter 59 of this title, as well as any others allowed by Chapter 59 of this title: (1) Commissioner of Correction. (2) Deputy Commissioner of Correction. (3) Chiefs as established by this chapter, as well as any hereafter established, by the Commissioner, with the approval of the Governor.

Del. Code tit. 29, § 8907 Assumption of functions.

The Department of Correction, through appropriate bureaus, agencies and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions which were the previous responsibilities of the Division of Adult Corrections immediately prior to July 1, 1975, and which are not otherwise specifically transferred to the Department by this chapter.

Del. Code tit. 29, § 8908 Appeals.

Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred to the Department or to any bureau or subbureau thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the bureau, subbureau or office to which such function is transferred, and each such appeal shall be perfected in the manner heretofore provided by law.

Del. Code tit. 29, § 8909 Definitions and references in other laws.

(a) All definitions and references to any commission, board, department, authority or agency which appear in any other act or law shall, to the extent that the same are consistent with this chapter and in connection with a function transferred to the Department, be construed as referring and relating to the Department of Correction as created and established by this chapter. (b) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent that same are consistent with this chapter, and in connection with a function transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.

Del. Code tit. 29, § 8910 Annual report.

The Commissioner of the Department of Correction shall make an annual report to the Governor and to the General Assembly which shall describe the Department’s operations. The Commissioner shall also render such other reports as the Governor or the General Assembly may from time to time request, or as may be required by law.

Del. Code tit. 29, § 8911 Budgeting and financing.

The Commissioner, in cooperation with the bureau chiefs, shall prepare a proposed budget for the operation of the Department to be submitted for a consideration of the Governor and the General Assembly. The Department shall be operated within the limitation of the annual appropriation, and any other funds appropriated by the General Assembly. Special funds may be used in accordance with the programs, grants and appropriations.

Del. Code tit. 29, § 8912 Misnomer in gifts, grants, etc.

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey to the Department or to any commission, board, department, authority, council or other agency of the Department to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.

Del. Code tit. 29, § 8913 Financial liability of committed person.

(a) In the event any person, juvenile or adult is committed to a prison or correctional institution, and in the event a court of this State has not ordered payment of the full cost of care, the Department may require such payments from such juvenile or adult while on work release or similar programs, as it may deem appropriate, provided that the total payment shall not exceed the actual cost of care while on the work release program. (b) The Commissioner of the Department shall have the power to promulgate any rules and regulations not contrary to the laws of the State which the Commissioner deems necessary to carry out this section and such rules and regulations shall have the full force and effect of law. (c) Any court of this State committing a person to the jurisdiction of the Department may, in its discretion, order said person, and such other persons liable for the payment of costs under this section over which the court has jurisdiction, to pay for the cost of care, treatment or both in such amounts as may be fixed by the Department under this chapter. (d) The “cost of care, treatment or both” per diem for a facility shall be deemed to mean the total disbursements made by or on behalf of such facility during a fiscal year, divided by the number of inmate or patient-days during such fiscal year. Such cost shall be computed based on the experience of the previous fiscal year and the revised rate shall be charged beginning on the first day of the fourth month following the end of said fiscal year. In the event the facility has not been operational during the previous fiscal year, the “cost of care, treatment or both” shall be the amount determined by the Department within the guideline of available appropriations and anticipated inmate or patient-days. In the event a facility provides various services that have substantially different costs, and such different costs may be reasonably identified, the Department may determine the “cost of care, treatment or both” based upon the particular service provided. (e) The Department, after full investigation of collectibility and/or reasons for nonpayment, shall proceed for the recovery of the moneys owed for such care, treatment or both in an action to be brought in any court of the State in the name of the Department, where such action is deemed justified. The Department of Justice of the State shall represent the Department in such cases and any costs to the State arising from such action shall be paid by the State Treasurer from moneys in the General Fund not otherwise appropriated.

Del. Code tit. 29, § 8914 Officers and employees.

Notwithstanding § 5920 of this title or any other section, the application by any person seeking employment in the Department shall be rejected if it indicates, on its face, that the applicant does not meet the minimum qualifications for the position sought. Applications shall also be rejected if the applicant has made false statements or misrepresentations on the application; is habituated to the intemperate use of alcoholic beverages or the use of harmful drugs which makes the applicant unable to perform duties required by the position; has a record of court convictions or infamous or other conduct which renders the applicant unsuitable for employment; or has been separated from any branch of the armed forces under conditions other than honorable.

Del. Code tit. 29, § 8915 Delaware personal credential card.

(a) A Delaware personal credential card ( “personal credential” ) is issued by the Commissioner and contains all of the following: (1) The individual’s name, date of birth, sex, height, weight, and eye color. (2) A photograph of the individual. (3) An expiration date that is 1 year from the date the personal credential is issued. (4) A bar code. (5) A statement regarding the validity of the card. (b) (1) The Commissioner shall ensure that an individual who is being released from the custody of the Department of Correction following conviction and a term of incarceration of 6 months or more receives a personal credential as follows: a. Before release from Level IV if held at a Level IV residential treatment facility after Level V. b. Before release from Level V if held at a Level IV work release center after Level V. c. Before release from Level V if not being held at Level IV custody. (2) The Commissioner shall provide written instructions with the personal credential that explains how it can be used to obtain the identification documents in subsection (c) of this section without charge. (c) An individual who presents a valid personal credential is exempt from the applicable fee to receive all of the following: (1) One certified copy of a certificate of birth, if the individual was born in this State. (2) One identification card or driver’s license, issued under Title 21, if the individual is otherwise eligible. (d) The Commissioner shall work with the Department of Health and Social Services and the Division of Motor Vehicles to adopt policies and procedures to implement this section.

Del. Code tit. 29, § 8920 Purpose.

The purpose of this subchapter is to establish a mandatory drug testing program for certain Department of Correction employees who hold positions that are directly related to public safety and the security of our correctional institutions and probation operations.

Del. Code tit. 29, § 8921 Definitions.

As used in this subchapter unless the context otherwise requires: (1) “Applicant” means any person who is seeking employment with the Department for a security sensitive position. (2) “Applicant-employee” means an employee of the State who is an applicant for a security sensitive position in the Department. (3) “Department technical representative” means an employee of the Department designated by the Commissioner to ensure compliance with the requirements of this subchapter and whose duties include, but are not limited to, the following: a. Scheduling of urine specimen collections; b. Designation of collection sites; c. Assuring the integrity of collection procedures and sites; d. Assuring the integrity of testing and specimen retention procedures; e. Reviewing the data and reports; and f. Acting as the Commissioner’s contact person for the testing for illegal drugs. (4) “Employee” means a person with whom the State has an employer-employee relationship. (5) “Incident triggered testing” means any incident involving death or serious physical injury to a Department employee, loss or significant damage to Department property, escape of an inmate or detentioner where the security sensitive employee was directly involved in the incident. (6) “Random testing” means tests based upon an appropriate random sampling technique, with significant samples of Department employees in security sensitive positions being tested on a periodic basis with all such employees having a reasonably equal chance of being tested. (7) “Reasonable suspicion” means when the Department, acting through its supervisory personnel, has reasonable suspicion that the appearance or conduct of Department employees in a security sensitive position is indicative of their having being impaired by an illegal drug. (8) “Security sensitive position” means any of the following positions in the Department: a. The Commissioner; b. Bureau Chiefs; c. Security positions; d. Employees of the Department who are required or permitted to carry a firearm; e. Department employees who have a significant degree of responsibility for the safety of others and whose impaired performance or undue influence of that Department employee could potentially result in death or injury to employees or others; or f. Department employees as otherwise designated by the Department pursuant to its policies and procedures.

Del. Code tit. 29, § 8922 Drug testing required.

(a) Random testing. — All Department employees in security sensitive positions shall be subject to random testing for the illegal use of drugs. (b) Pre-employment testing. — The Department shall test all security sensitive applicants and applicant employees for the illegal use of drugs. (c) Incident triggered testing. — All Department employees in security sensitive positions shall be subject to incident triggered testing. (d) Reasonable suspicion testing. — The Department may, acting through its supervisory personnel, conduct a drug test based on a reasonable suspicion that the appearance or conduct of the Department employee in a security sensitive position is indicative of being impaired by an illegal drug. The questioned conduct or appearance should be witnessed and must be documented in writing by a supervisor where practicable. (e) Nothing in this section shall be construed to limit the Department’s authority pursuant to any other statute, regulation, policy, procedure, contract or other source of authority to test any Department employee for drugs.

Del. Code tit. 29, § 8923 Drugs to be screened.

(a) The illegal drugs that shall be screened include, but are not limited to, the following: (1) Marijuana/cannabis; (2) Cocaine; (3) Opiates; (4) Phencyclidine (“PCP”); and (5) Amphetamines. (b) The Department technical representative may submit to the Commissioner a written request for approval to screen for an illegal drug or controlled substance other than those listed under subsection (a) of this section. If the Commissioner approves the request, the Department technical representative shall notify all Department employees in security sensitive positions of the addition of that drug to the list of those to be screened.

Del. Code tit. 29, § 8924 Arrest notification required.

Any security sensitive employee arrested for an alleged violation of Chapter 47 of Title 16 shall report the arrest to the Department on the employee’s next scheduled work day, or within 1 week, whichever is earlier. Failure to report the arrest shall result in disciplinary action up to and including dismissal.

Del. Code tit. 29, § 8925 Policies and procedures.

The Department shall promulgate policies and procedures for the full implementation of the subchapter.

Del. Code tit. 29, § 8926 Department Employee Education Assistance Fund.

(a) Any employee of the Department holding a position classified at paygrade 15 or below may avail themselves of the provisions of this section to prepay the tuition costs for higher education related to their position. (b) The classes will be 100% prepaid by the Department upon application to the Human Resources Director of the Department prior to commencement of classes at a college or university within the State for classes related to corrections, public safety, criminal justice, psychology, or sociology or related fields. Related fields include any courses necessary to complete a degree program in criminal justice, corrections, public safety, psychology, or sociology. Department employees who work in the food service, mechanical, or building trades and maintenance area are eligible for prepayment for classes that relate to their field or trade. The employee must maintain a C average or better in the classes taken to remain eligible for this program. (c) (1) The Department shall take the funds appropriated for this section in each fiscal year and allocate them as follows: a. 40% for the fall semester. b. 40% for the spring semester. c. 20% for the summer semester. (2) The Department shall establish a deadline date for applying for said funds. If there are more applications than funds for any semester, then the funds shall be prorated between the applications. If there are fewer funding applications than funds available, the Department shall roll excess funds over to the next semester. (d) An employee who has received funding under this section but who is terminated from the Department for cause prior to completion of current vouchered courses or who otherwise fails to comply with any requirement of this section immediately becomes ineligible to receive education benefits under this section and shall repay the Department for all tuition and fee funding previously extended to the employee, including interest, on a pro rata basis from the time of termination or noncompliance. The Commissioner shall adopt appropriate procedures to determine the amount of repayment and the method of collection due by the employee under this subsection. If an employee voluntarily leaves the Department prior to completion of funded courses, the employee will not be required to repay previously funded tuition but will have to repay the current quarter or semester’s tuition.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title29/c089/sc01/index.htmlFetched: 10/4/2026

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