Title 29, State Government

§ 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 be…

§ 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 Correct…

§ 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 D…

§ 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…

§ 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 functio…

§ 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 A…

§ 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 …

§ 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 …

§ 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 …

§ 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 positi…

§ 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 indi…

§ 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…

§ 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…

§ 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 e…

§ 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 …

§ 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 arr…

§ 8925. Policies and procedures. The Department shall promulgate policies and procedures for the full implementation of the subchapter.70 Del. Laws, c. 340, § 1;

§ 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) T…