Immediately after a person who has been sentenced to 90 days or more of imprisonment is received at any institution under the jurisdiction of the Department, a classification committee shall obtain and file complete information with regard to such person. Similar records may be compiled on persons sentenced to less than 90 days, in accordance with rules and regulations of the Department. When all such existing available records have been assembled, each such classification committee shall determine whether or not any further investigation is necessary, and, if so, it shall make such additional investigation. Each classification committee shall determine and prescribe the custodial and rehabilitation program and the care for each person coming under its jurisdiction. The classification committee shall determine the persons who shall work and labor and shall assign persons to jobs, studies and programs according to their abilities and in the manner best calculated to effectuate their training and rehabilitation. Review for reclassification shall occur periodically in accordance with the Department’s regulations, or whenever the committee shall deem it advisable.
11 Del. C. 1953,
§
6530;
54 Del. Laws, c. 349,
§
1;
Notes of Decisions
Cited in
5
cases (
3 in the last 5 years), 1974–2024 · leading case:
Anderson v. Redman, 429 F. Supp. 1105 (D. Del. 1977).
Anderson v. Redman, 429 F. Supp. 1105 (D. Del. 1977).
· cites it 3× “11 Del.C. § 6530 requires all inmates sentenced to a term longer than 90 days to go through the classification system.”
Jordon v. Keve, 387 F. Supp. 765 (D. Del. 1974).
· cites it 2× “” 11 Del.Code § 6530. A significant portion of the information referred to in § 6530 is of a psychological nature, ascertained by professionals working in a pre-trial classification unit.”
State v. Winckler (Del. Super. Ct. 2024).
· cites it 2× “”30 DOC requests the sentencing order be modified to Level V DOC discretion under 11 Del. C. § 6530 and DOC Policy 4.6. Superior Court Criminal Rule 35(b) permits this Court to “reduce a sentence of imprisonment on a motion made within 90 days after the sentence is imposed.”
State v. Bingham (Del. Super. Ct. 2024).
“4 (2) On January 8, 2024, the Court modified Bingham’s sentence to remove “Level V Key Programming and Level IV Residential treatment in accordance with 11 Del. C. § 6530 and Department of Correction (“DOC”) Policy 4.”
Trotter v. Akinbayo (D. Del. 2023).
“The identified policy states that “[i]n accordance with 11 Del. C. § 6530, DOC will classify offenders to programming based on identified classification criteria developed to address the rehabilitative needs of the offender.”
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