Definitions [Effective until Feb. 1, 2028].
Del. Code tit. 11, § 6503
in effectAs used in this chapter:
(1) “Commissioner” or “Commissioner of Correction” means the Commissioner of the Department of Correction.
(2) “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.
(3) “Detention facility” means any facility in which persons are incarcerated or otherwise involuntarily confined for purposes of execution of a punitive sentence imposed by a court or detention pending a trial, hearing, or other judicial or administrative proceeding.
(4) “Law” includes the laws and ordinances of this State, political subdivisions and municipalities thereof.
(5) “Nonsecure residential detention setting” means a facility that does not have locked doors, locked perimeter fencing, bars, razor wire, or other physical barriers intended to prevent exit from the premises and that limits the use of physical restraints to emergency situations.
(6) “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.
(7) “Private detention facility” means a detention facility that is operated by a private, nongovernmental, for-profit entity and operating pursuant to a contract or agreement with a governmental entity. A private detention facility does not include:
a. Any facility providing rehabilitative, counseling, treatment, mental health, educational, or medical services to a juvenile that is under the jurisdiction of the Family Court pursuant to Chapter 9 of Title 10.
b. Any facility providing evaluation or treatment services to a person who is detained or subject to an order of commitment by a court, pursuant to Chapter 50 of Title 16.
c. Any facility providing educational, vocational, medical, or other ancillary services to an inmate in the custody of, and under the direct supervision of, the Department of Correction or other law-enforcement agency.
d. A residential treatment facility licensed pursuant to Chapter 22 of Title 16.
e. Any school facility used for the disciplinary detention of a pupil.
f. Any facility used for the quarantine or isolation of persons for public health reasons pursuant to § 3136 of Title 20.
g. A facility contracted by the Department of Services for Children, Youth and Their Families to provide services in a nonsecure residential detention setting for a juvenile who is under the jurisdiction of the Family Court pursuant to Chapter 9 of Title 10.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title11/c065/sc01/index.htmlFetched: 10/4/2026