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(a) A Department of Correction is established to provide for the treatment, rehabilitation and restoration of offenders as useful, law-abiding citizens within the community. To achieve these purposes more effectively in a coordinated and united manner, the Department shall be completely responsible for the maintenance, supervision and administration of adult detention and correctional services and facilities of the State, which include institutional facilities and probation and parole services. These institutions and services shall be diversified in program, construction and staff to provide effectively and efficiently for the maximum study, care, custody, training and supervision and treatment of those persons committed to the institutional facilities or on probation or parole, so that they may be prepared for release, aftercare, discharge or supervision in the community. This chapter shall be liberally construed so as to effectuate its purposes.
(b) The Department shall accept custody of all persons committed to it by courts of competent jurisdiction. Persons committed to the custody of the Department shall not be released from custody except in accordance with this title or by order of a court of competent jurisdiction.
(c) Nothing in this title shall be construed to require the release of persons committed to the custody of the Department, nor shall anything in this title be construed as a limitation on the inmate population at any of the facilities maintained by the Department.
Nothing in any regulation promulgated by the Department shall be construed as a limitation on the inmate population at any of the facilities maintained by the Department.
(d) In the event that: (1) The number of persons housed by the Department at any of its facilities exceeds the design capacity of that facility; and (2) because the inmate population at that facility exceeds the design capacity of that facility the Department is unable to provide conditions of confinement as may otherwise be required by this title or by the regulations promulgated by the Department, then the Department shall not be required to provide said conditions of confinement to the extent it is unable to do so because of the inmate population at that facility. The Commissioner shall determine the design capacity of each of the facilities maintained by the Department.
(e) For purposes of this section, the term “inmate population” shall include both convicted and pretrial detentioners.
Cite this article: FindLaw.com - Delaware Code Title 11. Crimes and Criminal Procedure § 6502. Purposes and construction; custody of inmates - last updated January 01, 2019 | https://codes.findlaw.com/de/title-11-crimes-and-criminal-procedure/de-code-sect-11-6502/
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