Del. C. » Title 11 — Prisons and Prisoners · CHAPTER 65. Department of Correction · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 6538 (2026)

Furloughs

✓ current as of May 2026
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(a) The Department shall promulgate strict rules and regulations subject to the approval of the Institutional Release Classification Board under which inmates, as part of a program looking to their release from the custody of the Department, or their treatment, may be granted temporary furloughs from the institution to visit their families or to be interviewed by prospective employers.

(b) In the case of death, furloughs shall only be granted to an inmate for an immediate family which would include said inmate’s mother, father, son, daughter, brother, sister, husband or wife. An inmate shall only be granted a furlough to attend a private viewing or wake with the inmate’s immediate family. The Institutional Release Classification Board, or the warden in charge of the institution, in cases of emergency, shall set the conditions of an inmate’s furlough, including the determination of whether the inmate should be handcuffed to the officer and when such action should take place.

(c) Inmates taking part in choral presentations and other legitimate programs shall be escorted by custodial officers whenever leaving the institution. Transportation and custodial costs shall be borne by the individuals or groups requesting the inmates’ appearance and shall not be at the State’s expense.

(d) The Department may permit inmates to participate in Community Service Projects by granting special furloughs for the period of such projects, not to exceed 14 days. Such furloughs shall not be considered personal furloughs under the Department rules and regulations. The time spent participating in a Community Service Project may be counted towards a restitution or community service component of a sentence. During a Community Service Project, the inmate need not be under the continual escort and supervision of custodial officers. All associated transportation and custodial costs shall be the responsibility of the organization which sponsors the Community Service Project.

(e) Notwithstanding any provision of this section or title to the contrary, no person serving a sentence imposed for a class A felony shall be permitted to participate in any furlough or furlough program under this section.

11 Del. C. 1953, §  6538;  54 Del. Laws, c. 349, §  1;  60 Del. Laws, c. 704, §  1;  61 Del. Laws, c. 363, §  2;  70 Del. Laws, c. 67, §  1;  70 Del. Laws, c. 186, §  1; 
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1976–2023 · leading case: Smith v. State, 361 A.2d 237 (Del. 1976).
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Smith v. State, 361 A.2d 237 (Del. 1976). · cites it 2× “The furlough-enabling Statute, 11 Del.C. § 6538, 2 does not authorize the Department to release prisoners from its custody via furlough.”
Parson v. Keve, 413 F. Supp. 111 (D. Del. 1976). “11 Del.C. § 6538; Del. Inmate Reference Manual, pp.”
Butler v. Snyder, 106 F. Supp. 2d 589 (D. Del. 2000). · cites it 2× “To the extent Butler contends that 11 Del.C. § 6538 establishes a protected property or liberty interest in a furlough, his position is premised on his mistaken interpretation of that provision as establishing a right to a furlough.”
Fatir v. Edwards (Del. Super. Ct. 2021). · cites it 10× “In 1978, 11 Del. C. § 6538 was amended with the addition of a provision prohibiting DOC from granting furloughs to an individual convicted of a class A felony.”
Brathwaite v. Phelps (D. Del. 2023). “See 11 Del. C. § 6538(e). In some cases, this distinction might make a difference.”
11 Del. C. § 6538(b): 1 case
Butler v. Snyder, 106 F. Supp. 2d 589 (D. Del. 2000). “To the extent Butler contends that 11 Del.C. § 6538 establishes a protected property or liberty interest in a furlough, his position is premised on his mistaken interpretation of that provision as establishing a right to a furlough.”
11 Del. C. § 6538(e): 2 cases
Fatir v. Edwards (Del. Super. Ct. 2021). “In 1978, 11 Del. C. § 6538 was amended with the addition of a provision prohibiting DOC from granting furloughs to an individual convicted of a class A felony.”
Brathwaite v. Phelps (D. Del. 2023). “See 11 Del. C. § 6538(e). In some cases, this distinction might make a difference.”
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