Bill Text: DE SB68 | 2021-2022 | 151st General Assembly | Draft

Delaware Senate Bill 68 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To Employees Of The Department Of Correction.

Spectrum: Slight Partisan Bill (Democrat 17-8)

Status: (Passed) 2021-09-17 - Signed by Governor [SB68 Detail]

Download: Delaware-2021-SB68-Draft.html

SPONSOR:	Sen. Ennis & Sen. Pinkney & Rep. Minor-Brown & Rep. Bennett
Sens. Hansen, Lockman, Mantzavinos, Paradee, Pettyjohn, Sokola, Sturgeon, Walsh; Reps. Baumbach, Briggs King, Collins, Kowalko, Morrison, Ramone, Michael Smith

DELAWARE STATE SENATE

151st GENERAL ASSEMBLY

SENATE BILL NO. 68

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO EMPLOYEES OF THE DEPARTMENT OF CORRECTION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 89, Title 29 of the Delaware Code by creating a new Subchapter III before § 8926 by making deletions as shown by strike through and insertions as shown by underline as follows:

Subchapter III. Department Employees.

Section 2. Amend § 8926, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 8926. Correctional Officer Department Employee Education Assistance Fund.

(a) Any correctional officer employee of the Department holding the rank of Captain a position classified at paygrade 15 or below may avail themselves of the provisions of this act section to prepay the tuition costs for higher education related to their position.

(b) The classes will be 100% prepaid by the Department upon application to the Human Resources Director of the Department prior to commencement of classes at a college or university within the State for classes related to corrections, public safety, criminal justice, psychology psychology, or sociology or related fields. Related fields shall include any courses necessary to complete a degree program in Criminal Justice, Corrections, Public Safety, Psychology Psychology, or Sociology. Correctional officers Department employees who work in the food service, mechanical mechanical, or building trades and maintenance area shall be are eligible for prepayment for classes that relate to their field or trade. The officer employee must maintain a C average or better in the classes taken to remain eligible for this program.

(c) (1) The Department shall take the funds appropriated for this section in each fiscal year and allocate them as follows:

a. 40% for the fall semester; semester.

b. 40% for the spring semester; and semester.

c. 20% for the summer semester.

(2) The Department shall establish a deadline date for applying for said funds. If there are more applications than funds for any semester, then the funds shall be prorated between the applications. If there are less fewer funding applications than funds available, the Department shall roll excess funds shall be rolled over to the next semester.

(d) An officer employee who has received funding pursuant to under this section but who is terminated from the Department for cause prior to completion of current vouchered courses or who otherwise fails to comply with any requirement of this section shall immediately become becomes ineligible to receive education benefits pursuant to under this section and shall repay the Department for all tuition and fee funding previously extended to the officer, employee, including interest, on a pro rata basis from the time of termination or noncompliance. The Commissioner shall adopt appropriate procedures to determine the amount of repayment and the method of collection due by the officer pursuant to employee under this subsection. If an employee voluntarily leaves the Department prior to completion of funded courses, the officer employee will not be required to repay previously funded tuition but will have to repay the current quarter or semester’s tuition.

SYNOPSIS

This Act expands eligibility for the Department of Correction's Education Assistance Fund beyond correctional officers to employees who hold a position at paygrade 15 or below and meet the other existing requirements.

This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including by creating a new Subchapter III of Chapter 89 of Title 29, because the Department of Correction's Education Assistance Fund is not related to the topic of Subchapter II.

Author: Senator Ennis