Delaware Code Title 29 Sec. 8905 v2 – Council on Correction
(a) Purpose. —
Terms Used In Delaware Code Title 29 Sec. 8905 v2
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Quorum: The number of legislators that must be present to do business.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
The Council on Correction, referred throughout this section as “Council,” is established to serve in an advisory capacity to the Commissioner of the Department of Correction. 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) 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 Council.
(c) 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 Council identifies as appropriate to enable the Department to function in the best manner.
(d) Council membership. —
(1) Council is comprised of 7 members who are appointed by the Governor. 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) 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) Council shall meet at least 6 times per year.
(2) 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) Council may adopt bylaws or other procedural rules to carry out its functions under this section.
(g) Council must conduct its meetings and other business under Chapter 100 of this title (Freedom of Information Act).
(h) 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 Librarian of the Division of Research of Legislative Council. The annual report must include at least all of the following:
(1) Meeting agendas and minutes.
(2) Training programs Council members completed.
(3) 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) Council’s goals, priorities, and planned activities for the next calendar year.
(i) [Expired.]
60 Del. Laws, c. 251, § ?14; 64 Del. Laws, c. 108, §§ ?16, 17; 70 Del. Laws, c. 186, § ?1; 79 Del. Laws, c. 379, § ?1; 83 Del. Laws, c. 186, § 1;