11 Del. C. § 6529

Institutional Classification Board; discretion of Department in adopting classification systems

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(a) The Institutional Classification Board shall classify persons in the several institutions and facilities and shall promulgate regulations in accordance with which 1 or more classification committees shall be organized and operated not inconsistent with § 6527(b) of this title.

(b) The Institutional Classification Board’s purpose is the organization and harmony of inmate life.

(c) The Institutional Classification Board shall consist of an equal number of individuals from both the custodial staff and the treatment staff.

(d) The warden shall maintain the power to veto decisions of the Board.

(e) Nothing in this chapter shall be construed to require the Department to institute or maintain any system of classification of convicted persons for the purpose of assignment to institutions or housing units within institutions. However, the Department may, at its discretion, institute or maintain any such system at any or all of its institutions.

(f) Nothing in this chapter shall be construed to require the Department to reduce the inmate population of any of its institutions below the capacity for which that institution was designed in order to accommodate any system of classification of convicted persons for purposes of assignment to institutions or housing units within an institution which the Department institutes or maintains.

(g) Nothing in this chapter requiring or permitting the Department to institute or maintain a program or programs for the custody, rehabilitation or care of persons coming under the jurisdiction of the Department, including but not limited to such programs as may be required or permitted by §§ 6530 and 6531 of this title, shall be construed to require the Department to reduce the inmate population at any of its institutions below the capacity for which that institution was designed.

11 Del. C. 1953, § 6529; 54 Del. Laws, c. 349, § 1; 60 Del. Laws, c. 703, § 2; 61 Del. Laws, c. 193, §§ 1, 2;

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2006–2024 · leading case: Martin Fountain v. Warden James T Vaughn Correcti

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Martin Fountain v. Warden James T Vaughn Correcti (2017) ca3 “”); 11 Del. C. § 6529(e) (giving the Department of Corrections power to maintain “any” system of classification at its institutions).”

Holland v. Taylor (2009) ded “See 11 Del. C. § 6529(e). “ ‘As long as the conditions or degree of confinement to which [a] prisoner is subjected is within the sentence imposed upon him and is not otherwise violative of the Constitution, the Due Process Clause does not in itself subject an inmate’s treatment…”

Riley v. Carroll (2006) ca3 “”); 11 Del.C. § 6529(e); 11 Del.C. § 6535. Furthermore, in Griffin v.”

Anderson v. Phelps (2019) ded “”); 11 Del. C. § 6529(e) (giving Department of Corrections power to maintain any system of classification at its institutions).”

Durham v. DeJesus (2024) ded “See 11 Del. C. § 6529(e). Plaintiff's claim accordingly fails.”

— 11 Del. C. § 6529(e) — 5 cases

Riley v. Carroll (2006) ca3 “”); 11 Del.C. § 6529(e); 11 Del.C. § 6535. Furthermore, in Griffin v.”

Anderson v. Phelps (2019) ded “”); 11 Del. C. § 6529(e) (giving Department of Corrections power to maintain any system of classification at its institutions).”

Durham v. DeJesus (2024) ded “See 11 Del. C. § 6529(e). Plaintiff's claim accordingly fails.”

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