29 DE Code § 8903. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 89. Department of Correction|Subchapter I. General Provisions|§ 8903. Powers, duties and functions — Commissioner.

§ 8903. Powers, duties and functions — Commissioner. The Commissioner shall:  (1) Supervise, direct and account for the administration and operation of the Department, its bureaus, subbureaus, offices, functions and employees; (2) Appoint and fix the salary, with the written approval of the Governor, of the Deputy Commissioner and chiefs of the Department's Bureaus and other office heads, who may be removed from office by the Commissioner with the written approval of the Governor, and who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Commissioner. (3) Appoint such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law; (4) Establish, consolidate, abolish, transfer or combine the powers, duties and functions of the bureaus, subbureaus and offices within the Department as the Commissioner, with the written approval of the Governor, may deem necessary, providing that all powers, duties and functions required by law shall be provided for and maintained; (5) Make and enter into any and all contracts, agreements or stipulations, and retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract, consulting, research, technical and other services and facilities, whenever the same shall be deemed by the Commission necessary or desirable, in the performance of the functions of the Department, and whenever funds shall be available for such purpose. All necessary legal services shall be provided pursuant to Chapter 25 of this title; (6) Delegate any of the Commissioner's powers, duties or functions to the Deputy Commissioner or a chief of a bureau, except the power to remove employees of the Department or to fix their compensation; (7) Establish and promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Commissioner and which are not inconsistent with the laws of this State; (8) Maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department; (9) Adopt an official seal or seals for the Department; (10) Adopt a plan for use of personnel within the correctional system; (11) Adopt a plan to identify and classify very low risk inmates convicted of misdemeanors and sentenced to serve no more than 24 months of incarceration and to provide an ongoing list of such inmates eligible for release to alternative programs of punishment which do not include incarceration. Such plan shall include a provision that all inmates sentenced to serve no more than 24 months of incarceration shall be so identified and classified within 90 days of their commitment to an institution supervised by the Department; (12) Devise and adopt a plan to provide weapons training to all probation and parole officers. Such plan shall include an option for each such officer to carry a firearm, after successful completion of a course in weapons, during work in the field. Said course of training shall meet or exceed the standards established by the Council on Police Training. Such plan shall be in operation no later than September 15, 1992; (13) Upon an order of the court directing the Department to debit moneys in an inmate account in accordance with Chapter 88 of Title 10, the Department shall, to the extent adequate funds are available, transfer such moneys to the court. To the extent an inmate's account does not have adequate funds to comply with the court's order, the Department shall debit the inmate's account for future payment to the court. The Department shall retain records of an inmate's account upon the release of the prisoner from the custody of the Department if such account has a negative balance pursuant to a court order under Chapter 88 of Title 10. The outstanding balance of such an account shall be reinstated should that person be committed to the custody of the Department at some future time. Notwithstanding the above, no court order pursuant to Chapter 88 of Title 10, shall have priority over charges or debits pursuant to § 6536(b) or (c) of Title 11; and (14) Provide feminine hygiene products to inmates at no cost in facilities maintained by the Department. For purposes of this paragraph, “feminine hygiene products” means tampons and sanitary napkins, for use in connection with the menstrual cycle.60 Del. Laws, c. 251, §  14;  61 Del. Laws, c. 15, §§  1, 2;  62 Del. Laws, c. 283, §  1;  64 Del. Laws, c. 108, §  15;  64 Del. Laws, c. 304, §  1;  68 Del. Laws, c. 414, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 411, §  2;  78 Del. Laws, c. 305, §  4;  81 Del. Laws, c. 436, § 1;  83 Del. Laws, c. 31, § 1;