Delaware Code Title 11. Crimes and Criminal Procedure § 6539. Supervised custody program

(a) Notwithstanding any provision of this title to the contrary, the Department may place inmates outside the institutions and facilities under the jurisdiction of the Department.

(b) The Department shall establish rules and regulations governing the eligibility of inmates for such placement and governing the conduct of inmates so placed.

(c) No inmate shall be placed in the supervised custody program established by this section unless, in addition to meeting eligibility requirements imposed by Departmental rules or regulations, the Department, in its discretion, determines that an inmate is trustworthy and does not pose a threat to the safety of the community.

(d) Any inmate released from incarceration pursuant to this section shall continue to be in the legal custody of the Department, notwithstanding the inmate's absence from a correctional institution.

(e) If any person released pursuant to this section shall violate any of the conditions of the person's release, the person shall immediately be returned to incarceration.  Nothing in this section shall limit the discretion of the Department to return persons released pursuant to this section to incarceration.  Placement into the supervised custody program shall be a privilege, not a right or entitlement, which may be withdrawn by the Department, in its absolute discretion.  There shall be no judicial review of the refusal by the Department to place any inmate into the supervised custody program;  nor shall there be any judicial review of the withdrawal of such privilege by the Department.

(f) Notwithstanding any provision of this title to the contrary, persons convicted of class A felonies, persons detained in default of bail and persons sentenced to minimum mandatory terms of incarceration shall not be eligible for the supervised custody program.