SB 309 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO WORK BY INMATES.

Seigfried DELAWARE& STATERep. SENATE 153rd GENERAL ASSEMBLY SENATE AMENDMENT NO.

1Lambert TOSens. SENATE BILL NO.

309Cruce, AMENDHansen, SenateLockman, BillPinkney, No.Sokola, Sturgeon;

309Reps. by inserting a new Section after line 17 as follows:

“SectionBerry, 2.Morrison, Romer, Snyder-Hall DELAWARE STATE SENATE 153rd GENERAL ASSEMBLY SENATE BILL NO.

As309 ofAN theACT effectiveTO dateAMEND ofTITLE this Act, any outstanding balances owed by an individual for any of the fees, costs, interest, or other charges formerly assessed under § 6532(f)(3) of Title 11 ofOF theTHE DelawareDELAWARE CodeCODE (repealedRELATING byTO thisWORK Act)BY areINMATES. discharged.”.

SYNOPSISBE ThisIT AmendmentENACTED dischargesBY allTHE balancesGENERAL owedASSEMBLY byOF individualsTHE orderedSTATE toOF payDELAWARE: a share of the costs of incarceration under § 6532(f)(3) of Title 11 of the Delaware Code.

Section 1.

Amend § 6532, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 6532.

Work by inmates.

(f) The Department shall cause to be placed into an account, payable to each inmate upon the inmate’s discharge, income from the inmate’s employment and any other income or benefits, accruing to or payable to, and for the benefit of said inmate, including but not limited to any worker’s compensation or Social Security benefits.

From the account of each inmate, the Department shall deduct, in order of the priority set forth herein, the following sums:

(1) Support payments for dependents of the inmate who are receiving public assistance during the period of incarceration, or to whom the inmate is under a court ordered obligation to provide support and restitution as may have been assessed against said inmate pursuant to court order;

order.

(2) Court costs, fines, and such other items as may be assessed against said inmate pursuant to court order;

and order.

(3) A proportionate share of the costs of incarceration of inmates in the facility in which said inmate is housed including but not limited to room, board, medical care, legal services, prison education, training, library services, counseling and treatment services, religious services and other programs and services as shall be provided together with an allocation of the overhead for operating such prison and the Department in accordance with a fee schedule to be established by the Department.

SYNOPSIS This Act removes authority from the Department of Corrections to deduct pay from inmate accounts for a proportionate share of the costs of incarceration of inmates in the facility in which the inmate is housed.

This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

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