reglab/housing_qa huggingface dataset:
11 DE Code § 6575. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 65. Department of Correction|Subchapter IX-A. International Transfer of Prisoners|§ 6575. Authorization.

§ 6575. Authorization. Notwithstanding any law of this State to the contrary, if a treaty in effect between the United States and a foreign country provides for the transfer of convicted offenders to the country of which they are citizens or nationals, the Governor may authorize, on behalf of the State and subject to the terms of the treaty, the Commissioner of the Department of Correction to consent to the transfer of offenders and take any other action necessary to initiate the participation of this State in the treaty. 74 Del. Laws, c. 258, §  1;
11 DE Code § 6580. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 65. Department of Correction|Subchapter X. Sentencing Accountability Commission|§ 6580. Established; composition; purpose.

§ 6580. Established; composition; purpose. (a) The Delaware Sentencing Accountability Commission (hereinafter referred to as the “Commission”) is hereby established. The Commission shall consist of 11 members, the body of which shall be comprised as follows:  (1) Four members of the judiciary appointed by the Chief Justice, 2 of whom shall be initially appointed for a 2-year term and 2 of whom shall be appointed to a 4-year term; provided, that each succeeding term for all 4 of such members shall be 4 years; (2) The Attorney General or the Attorney General's designee; (3) The Chief Defender or the Chief Defender's designee; (4) The Commissioner of Corrections or the Commissioner of Corrections' designee; (5) Four other members-at-large, each of whom shall, by training or experience, possess a knowledge of Delaware sentencing practices, 2 to be appointed by the Governor, 1 by the President Pro Tempore of the Senate and 1 by the Speaker of the House. One of the members-at-large shall be appointed by the Governor for a 2-year term; the remaining members-at-large shall be appointed for 4-year terms; provided that each succeeding term following the initial term of all 4 members-at-large shall be 4 years. The Chief Justice shall designate 1 of the members of the judiciary serving on the Commission to serve as Chairperson of the Commission. (b) It shall be the overall purpose of this body to establish a system which emphasizes accountability of the offender to the criminal justice system and accountability of the criminal justice system to the public. For purposes of this subchapter, the grouping of punishments consistent with the guidelines developed by the Commission shall be known as “accountability levels.” (c) The Commission shall develop sentencing guidelines consistent with the overall goals of ensuring certainty and consistency of punishment commensurate with the seriousness of the offense and with due regard for resource availability and cost. In developing these guidelines, the Commission shall also consider the following additional goals in the priority in which they appear:  (1) Incapacitation of the violence-prone offender; (2) Restoration of the victim as nearly as possible to the victim's preoffense status; and (3) Rehabilitation of the offender.64 Del. Laws, c. 402, §  1;  80 Del. Laws, c. 26, §  3;
11 DE Code § 6581A. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 65. Department of Correction|Subchapter X. Sentencing Accountability Commission|§ 6581A. Additional duties of the Commission.

§ 6581A. Additional duties of the Commission. The Delaware Sentencing Accountability Commission (SENTAC) is hereby directed, pursuant to § 6581(j) of this title, to modify or amend its Benchbook, so that the sentencing guidelines set forth in the Benchbook recommend that, in cases in which the weight of the controlled substance significantly exceeds the Tier 2 Controlled Substances Quantity and in which there is a conviction pursuant to § 4752 of Title 16, a sentence guideline range that is commensurate with the seriousness of the offense. 78 Del. Laws, c. 13, §  20;
11 DE Code § 6582. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 65. Department of Correction|Subchapter X. Sentencing Accountability Commission|§ 6582. Treatment Access Committee established.

§ 6582. Treatment Access Committee established. (a) There is established a permanent committee of the Sentencing Accountability Commission which shall be known as the “Treatment Access Committee.” (b) The Treatment Access Committee shall be comprised of 7 voting members which shall include:  (1) The Chairperson of SENTAC, ex officio, who shall serve as Chairperson of the Committee; (2) The Secretary of Health and Social Services, ex officio; (3) The Secretary of the Department of Youth Services, ex officio; (4) The Commissioner of Corrections, ex officio; (5) The Chairperson of the Board of Parole, ex officio; (6) Two additional members, 1 of whom shall represent the President of the Senate and 1 of whom shall represent the Speaker of the House; and (7) Such other nonvoting members as will assist the Committee in performing its functions as are appointed by the Chairperson of SENTAC. (c) The Treatment Access Committee shall supervise the establishment of a Treatment Access Center for substance abusing offenders. The Treatment Access Center shall be designed in a manner to coordinate the provision of substance abuse evaluation and treatment by public and private providers to criminal defendants and youths adjudicated delinquent or pending such adjudication. The Committee shall have the power through its Chairperson to make and enter into any and all contracts, agreements or stipulations; and to seek, accept and receive funds, grants or donations necessary to fulfill the purposes of this section. (d) The Treatment Access Committee shall supervise the expenditure of funds from the Substance Abuse Rehabilitation, Treatment, Education and Prevention Fund. It shall make grants to the Treatment Access Center, and to other state and local public entities or agencies for substance abuse treatment, rehabilitation, education or prevention activities, subject to the provisions of § 4803A(b) of Title 16. (e) The Treatment Access Committee shall report annually to SENTAC and the General Assembly on its activities and the status of substance abuse problems in Delaware. 68 Del. Laws, c. 443, §  7;  70 Del. Laws, c. 186, §  1;
11 DE Code § 6590. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 65. Department of Correction|Subchapter XI. Institutional Planning|§ 6590. Comprehensive plan.

§ 6590. Comprehensive plan. The Department shall develop a comprehensive plan for determining the need for establishing various types of correctional facilities, for selecting the location of a correctional facility, and for determining the size of the correctional facility. The comprehensive plan shall include procedures for evaluation of environmental, social, economic, transportation, land use, property value, public and social services impacts generated by the construction of a particular facility in any proposed location within the State. The comprehensive plan shall not be implemented until the General Assembly, by concurrent resolution adopted by a majority of those elected and serving in each house thereof by a roll call vote, approves the comprehensive plan. 67 Del. Laws, c. 254, §  1;
11 DE Code § 6592. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 65. Department of Correction|Subchapter XI. Institutional Planning|§ 6592. Action for noncompliance with site selection process.

§ 6592. Action for noncompliance with site selection process. (a) Any person who resides in the city, town or county in which the Department has determined a need for a correctional facility may bring an action in a court of proper jurisdiction if the Department has not followed the site selection process set forth in this subchapter. (b) An action brought under this section shall not be maintained if it is filed more than 60 days after the Department formally announces its final site selection. 67 Del. Laws, c. 254, §  1;
11 DE Code § 8301. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter I. General Provisions|§ 8301. Appointment and classification; primary duty.

§ 8301. Appointment and classification; primary duty. The Department of Safety and Homeland Security, hereinafter in this chapter referred to as “Department,” may appoint police officers whose primary duty shall be to compel the enforcement of all laws relating to the weight, speed and operation of vehicles on the public highways of the State. They shall be officially known and referred to as “State Police.” The Department may classify such State Police according to such rank as the Department determines, and according to the duties assigned to them from time to time by the Department. The Superintendent of the State Police shall hold the rank of Colonel and shall be so classified by the Department. There may not be less than 660 authorized police officers. Calculations for determining the number of such positions shall include any appropriated (ASF) and nonappropriated (NSF) special funded positions. 34 Del. Laws, c. 84, §§  1, 2;  37 Del. Laws, c. 73;  Code 1935, §  5747;  45 Del. Laws, c. 276;  47 Del. Laws, c. 1;  11 Del. C. 1953, §  8301;  53 Del. Laws, c. 235, §  1;  56 Del. Laws, c. 438, §  1;  57 Del. Laws, c. 670, §  3A;  58 Del. Laws, c. 495;  66 Del. Laws, c. 241, §  1;  67 Del. Laws, c. 47, §  209;  69 Del. Laws, c. 291, §  244;  69 Del. Laws, c. 461, §  1;  72 Del. Laws, c. 98, §  1;  74 Del. Laws, c. 110, §  138;  75 Del. Laws, c. 354, §  3;
11 DE Code § 8302. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter I. General Provisions|§ 8302. Powers and duties of State Police; local police officers assisting State Police.

§ 8302. Powers and duties of State Police; local police officers assisting State Police. (a) State Police shall have police powers similar to those of constables and other police officers, and shall be conservators of the peace throughout the State, and they shall suppress all acts of violence, and enforce all laws relating to the safety of persons and property. The State Police shall be the primary law-enforcement agency within the State. The State Police shall have exclusive jurisdiction, excluding the incorporated limits of any municipality maintaining an established police department, for police investigations of the following:  (1) Homicide; (2) Suicide; (3) All other deaths requiring medical examiner's investigation; (4) Kidnapping; (5) Rape and unlawful sexual intercourse; and (6) All attempts thereof. (b) When police officers who are certified by the Delaware Council on Police Training are acting outside their respective jurisdiction as conservators of the peace in response to a request for assistance from the State Police, those officers shall be considered to be acting as State Police Officers and shall have the powers of arrest thereof. (c) State Police shall have all powers and jurisdiction to enforce all county noise ordinances duly enacted in the unincorporated areas of Kent County and Sussex County. 34 Del. Laws, c. 84, §  4;  Code 1935, §  5747;  45 Del. Laws, c. 276;  11 Del. C. 1953, §  8302;  58 Del. Laws, c. 204;  60 Del. Laws, c. 103, §  1;  61 Del. Laws, c. 7, §  1;  66 Del. Laws, c. 269, §  10;  72 Del. Laws, c. 131, §  1;  74 Del. Laws, c. 45, §  1;  76 Del. Laws, c. 111, §  1;
11 DE Code § 8303. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter I. General Provisions|§ 8303. Salaries.

§ 8303. Salaries. Each of the State Police shall receive a salary in accordance with the current State Police compensation schedule. Years of service commence as of anniversary date of hire. The Superintendent of State Police shall receive a salary that is 9 percent greater than the Assistant Superintendent of State Police. The Assistant Superintendent of State Police shall receive a salary that is 9 percent greater than the most senior ranking major of the State Police. Upon the retirement of the most senior major, no adjustment shall be made to the salaries of the incumbent Superintendent or Assistant Superintendent. Adjustments shall be made during the normal budget process. 34 Del. Laws, c. 84, §  3;  35 Del. Laws, c. 64;  37 Del. Laws, c. 76;  Code 1935, §  5747;  45 Del. Laws, c. 276, §  1;  11 Del. C. 1953, §  8303;  56 Del. Laws, c. 353, §  1;  57 Del. Laws, c. 331, §  1;  58 Del. Laws, c. 332, §  1;  59 Del. Laws, c. 379, §  1;  60 Del. Laws, c. 696, §  1;  71 Del. Laws, c. 132, §  246;  76 Del. Laws, c. 280, §  288;  82 Del. Laws, c. 64, § 249;
11 DE Code § 8304. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter I. General Provisions|§ 8304. Uniforms.

§ 8304. Uniforms. The Superintendent of State Police shall, subject to the approval of the Department, prescribe the specifications for the standard uniforms to be used by the State Police. 34 Del. Laws, c. 84;  37 Del. Laws, c. 73;  Code 1935, §  5748;  43 Del. Laws, c. 263, §  1;  11 Del. C. 1953, §  8304;
11 DE Code § 8305. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter I. General Provisions|§ 8305. State Police stations; location, staff and equipment.

§ 8305. State Police stations; location, staff and equipment. The Department shall establish and maintain at least 5 State Police stations in the State, 1 of which shall be located at Penny Hill, New Castle County, 1 of which shall be located at or near the intersection of Routes 40 and 896, New Castle County, 1 of which shall be located at or near the City of Dover, Kent County, 1 of which shall be located at or near Bridgeville, Sussex County and 1 of which shall be located at or near Georgetown, Sussex County, and such other stations as the Department deems necessary for the proper policing of the highways of the State and for the enforcement of the laws of the State. Such State Police stations as are herein directed to be established and maintained shall each be staffed with members of the State Police, and shall each be equipped with radio equipment to aid in the police work of the Department. Code 1935, §  5747A;  46 Del. Laws, c. 49, §  1;  11 Del. C. 1953, §  8305;  72 Del. Laws, c. 340, §  1;
11 DE Code § 8306. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter I. General Provisions|§ 8306. Work week.

§ 8306. Work week. The regular work week of all members of the State Police appointed by the Department shall consist of a 5-day, 40-hour week, except at such times as the Department, acting upon the specific recommendation of the Superintendent of State Police, may declare a longer regular work week during periods of special need. 11 Del. C. 1953, §  8306;  49 Del. Laws, c. 101, §  1;  57 Del. Laws, c. 331, §  2;  57 Del. Laws, c. 670, §  3B;  58 Del. Laws, c. 332, §  2;
11 DE Code § 8308. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter I. General Provisions|§ 8308. Crime Reduction Fund.

§ 8308. Crime Reduction Fund. (a) The Superintendent of the State Police is authorized to administer a fund to be known as the “Crime Reduction Fund.” (b) Expenses for the administration of this Fund shall be paid by the State Treasurer out of funds of the General Fund, not otherwise appropriated, not to exceed $10,000 in any fiscal year. 11 Del. C. 1953, §  8308;  57 Del. Laws, c. 493.;
11 DE Code § 8322. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter II. Pensions; Disability and Death Benefits|§ 8322. Police Retirement Fund.

§ 8322. Police Retirement Fund. The Police Retirement Fund, hereafter in this subchapter referred to as “Fund,” shall be created in the following manner:  All rewards offered for any particular service, when otherwise payable to any member of the State Police, shall be paid to the Secretary of Finance and shall be credited by the Secretary to the account of the Fund. Also there shall be deducted each month from the monthly payroll of each member of the State Police 5 percent of the amount of the member's salary and such amount shall be paid to the Secretary of Finance and shall be credited by the Secretary to the account of the Fund; provided, however, that for any member of the State Police who has completed 20 years of credited service and who was hired before July 1, 1980, and for any member of the State Police who has completed 25 years of credited service and who was hired after July 1, 1980, as defined in this chapter, there shall be deducted from the monthly payroll of each such member of the State Police 2 percent of the amount of the member's salary and such amount shall be paid to the Secretary of Finance and shall be credited by the Secretary to the account of the Fund. At the same time, the Secretary of Finance shall transfer from the funds of the Department of Safety and Homeland Security and credit to the Fund, each month, a sum equivalent to 5 percent of the amount of the monthly payroll of all of the members of the State Police. If at any time there shall be insufficient money in the Fund for the purposes of this subchapter, the Secretary of Finance shall transfer from the funds of the Department of Safety and Homeland Security sufficient money to make up any such deficiency. No money shall be paid out of the Fund thus created, except for the purposes of this subchapter and on warrants of the Board of Pension Trustees. The assets of the Fund will be commingled in the Delaware Public Employees' Retirement System as provided for by § 8308 of Title 29. Effective July 1, 1997, employee pension contributions made pursuant to this section shall not be subject to adjustment or recovery after the expiration of 3 full calendar years from December 31 of the year in which the contributions were made unless no contributions were paid during that calendar year. 41 Del. Laws, c. 262, §  2;  11 Del. C. 1953, §  8322;  57 Del. Laws, c. 741, §§  41B, 41C;  60 Del. Laws, c. 695, §  1;  66 Del. Laws, c. 295, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 121, §  4;  71 Del. Laws, c. 165, §  6;  74 Del. Laws, c. 110, §  138;
11 DE Code § 8325. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter II. Pensions; Disability and Death Benefits|§ 8325. Eligibility of dependents.

§ 8325. Eligibility of dependents. The surviving spouse or minor children or sole dependent parent of any member of the State Police, who shall have heretofore or shall hereafter die after having been retired or after having been eligible to retire under this subchapter, or who shall have heretofore or shall hereafter lose life in the performance of the member's duties, or when death results from injury received in the performance of the member's duties, shall receive a pension equal to three fourths of the salary of such member at the time of death. Such pension to such minor children shall be discontinued when the youngest dependent child shall cease to be a dependent as defined by § 8351(4) of this title; provided, however, that anyone entitled to receive a pension under this section prior to January 1, 1972, shall as of that date receive an amount equal to three fourths of the monthly payment to which the decedent would have been entitled under this chapter had the death occurred on or after January 1, 1972. Thereafter, pensions of those eligible under this section shall not be recomputed based on the salaries of active duty State Police; provided further, however, that as of July 1, 1974, the monthly amount payable to those eligible under this section shall increase on July 1 of each year by any cumulative percentage increase in the national consumer price index average of the previous calendar year, plus the aggregated cumulative percentage change in the national consumer price index average of the previous consecutive years in which an increase was not granted. A cumulative percentage decrease in any calendar year shall not result in any reduction in the pension rates. Any pension to a surviving spouse that has been discontinued as a result of remarriage shall be reinstated as of July 1, 2002, at the rate that the surviving spouse would have been receiving if the surviving spouse's pension had not been discontinued. 41 Del. Laws, c. 262, §  5;  11 Del. C. 1953, §  8325;  50 Del. Laws, c. 491, §  1;  54 Del. Laws, c. 89, §  3;  54 Del. Laws, c. 129;  58 Del. Laws, c. 332, §  5;  67 Del. Laws, c. 20, §§  1, 2;  69 Del. Laws, c. 154, §§  1, 3;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 384, §§  5, 6;  73 Del. Laws, c. 396, §  1;
11 DE Code § 8327. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter II. Pensions; Disability and Death Benefits|§ 8327. Limitations on pension benefits.

§ 8327. Limitations on pension benefits. Sections 8323, 8324 and 8326 of this title shall apply to and be for the benefit of any member of the State Police retired as of June 28, 1963, or at any time thereafter, or to the surviving spouse, minor children or sole dependent parent, as the case may be, and such pension payments, as adjusted from time to time as provided in this subchapter, shall continue so long as any person is entitled thereto by virtue of this subchapter. 11 Del. C. 1953, §  8327;  54 Del. Laws, c. 89, §  5;  56 Del. Laws, c. 115;  69 Del. Laws, c. 154, §  3;  70 Del. Laws, c. 186, §  1;
11 DE Code § 8328. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter II. Pensions; Disability and Death Benefits|§ 8328. Adjustment of benefits.

§ 8328. Adjustment of benefits. (a) On and after July 1, 1972, no pension which has been in effect for 3 years shall be subject to adjustment. This provision shall not apply to adjustments of pensions required to implement subsection (b) of this section. (b) Effective September 1, 1972, the amount of any pension in effect on July 1, 1969, shall be the greater of: (1) The monthly pension rate paid in July, 1969, or (2) the recalculated amount determined as a result of audits made between May, 1971, and June 30, 1972, inclusive of any increases provided between July 1, 1969, and June 30, 1972, provided that the minimum pension payable for any month after July, 1969, shall be the monthly pension rate paid in July, 1969. (c) Any pension overpayments discovered as a result of audits made between May, 1971, and June 30, 1972, shall not be subject to recovery. 11 Del. C. 1953, §  8328;  58 Del. Laws, c. 527, §  2;
11 DE Code § 8329. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter II. Pensions; Disability and Death Benefits|§ 8329. Withdrawal of pension contributions.

§ 8329. Withdrawal of pension contributions. Upon the withdrawal from service of a member who is not eligible for a service or disability pension, the accumulated contributions with interest shall be paid to the member. This section shall be applied retrospectively to members who withdrew from service on or after July 1, 1976. 62 Del. Laws, c. 397, §  1;  70 Del. Laws, c. 186, §  1;