Delaware Code
Subchapter I. Purposes, Definitions and Powers
§ 6504. General powers and duties of the Department [Effective until Apr. 3, 2023].

The Department, subject only to powers vested in the judicial and certain executive departments and officers of the State, shall have the duties set forth in this chapter and the exclusive jurisdiction over the care, charge, custody, control, management, administration and supervision of:

(1) All offenders and persons under the custody of the Department;
(2) All institutions for the custody, correction and rehabilitation of persons committed to its care;
(3) Such other facilities as may be established by the Department for the safekeeping, correction or rehabilitation of offenders and persons;
(4) Probation services for courts having jurisdiction of offenders;
(5) Parole services for persons within the institutions and facilities of the Department or on parole;
(6) Furnishing the Board of Parole adequate office facilities and supplies to properly perform its duties;
(7) Providing consultation services and establishing standards on the design and construction of buildings, programs, administration of detention, jail or other facilities, operated by any county or municipality, and to provide a course of training for the personnel of same and establish standards for the same, with annual inspections, publishing the results of such inspections, as well as statistical and other data on persons held in the same;
(8) Operating classification committees, diagnostic and treatment programs and such other programs as may be desirable to fulfill the purposes of this chapter;
(9) Employing such officers, employees and agents and securing offices and quarters as deemed necessary to discharge the functions of the Department;
(10) Receiving all offenders committed to the Department;
(11) Executing the orders of the court as to sentences of corporal and capital punishment;
(12) Selling the products of its institutions and farms to other institutions supported in all or part by taxes levied within the State, prices to be set as provided by rules of the Department. All funds received from such sales shall be deposited in the General Fund. In the event that there is a surplus of the products of the Department's institutions and farms which cannot be sold to the other institutions supported in whole or part by taxes levied within the State, the Department may sell such surplus products on the open market. All funds received from such sales shall be deposited in the General Fund;
(13) To agree with the proper authorities of the United States for payment to the General Fund of the State of such sums as shall be fixed by the Department for the maintenance and support of offenders committed to the Department by authority of the United States;
(14) Collecting a fee as a condition of probation supervision. An offender sentenced to probation shall be charged a fixed fee of $200 for each period of probation. If an offender is serving multiple sentences of probation simultaneously, the sentences shall be treated as 1 period of probation for the purposes of assessing and collecting the supervision fee. The Bureau Chief of Community Corrections shall develop policies and procedures with regard to determining an offender's ability to pay the fee. Such policies and procedures shall be applied on a consistent basis to all offenders, and shall be subject to approval by the Commissioner of Correction. In the event the Department determines an offender is unable to pay the fee due to lack of employment or other significant extenuating circumstances, such as an offender's responsibility to remit payment for victim compensation, restitution or child support, said inability shall not constitute a violation of supervision. The offender shall remain liable to pay the fee at such time as the Department determines offender is able to do so.

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