CHAPTER 362
FORMERLY
HOUSE BILL NO. 438
AS AMENDED BY
HOUSE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 11, § 4217 OF THE DELAWARE CODE RELATING TO RELEASE OF INMATES FOR DEMONSTRATED REHABILITATION.
AN ACT TO AMEND TITLE 11, § 4217 OF THE DELAWARE CODE RELATING TO RELEASE OF INMATES FOR DEMONSTRATED REHABILITATION.
WHEREAS, Title 11, § 4217(c) of the Delaware Code contains the term "exceptional rehabilitation", which was never defined in the Statute, nor does it have a generally-accepted common meaning; and
WHEREAS, the lack of proper definition has led to confusion by the Department of Correction (DOC) which must make an initial determination regarding rehabilitation of an inmate; and
WHEREAS, the word "rehabilitation" is commonly defined in Webster’s Dictionary as "the process of restoring an individual to a useful
and
constructive
place in society especially through some form of vocational, correctional, or therapeutic retraining"; and
WHEREAS, the above definition is consistent with the original intent of the Statute.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Title 11, § 4217(c) of the Delaware Code is hereby amended by removing the word "exceptional" from "exceptional rehabilitation".
Section 2. Title 11, § 4217 of the Delaware Code is hereby amended by adding subsection (h) as follows: "For purposes of this section, "rehabilitation" is defined as the process of restoring an individual to a useful and constructive place in society especially through some form of vocational, correctional, or therapeutic retraining.".