16 Del. Admin. Code § 60000-60100

Current through Register Vol. 28, No. 7, January 1, 2025
Section 60000-60100 - Incarcerated Individuals Definitions

Inmate - an individual of any age who is in custody and held involuntarily in a public institution under the operation of law enforcement authorities. Regardless of the label attached to any particular custody status, an important consideration of whether an individual is an "inmate" is the individual's legal ability to exercise personal freedom.

Inmate of a Public Institution- Federal law defines an inmate of a public institution as "a person living in a public institution."

Public Institution - Federal Law defines a public institution as "an institution that is the responsibility of a governmental unit or over which a governmental unit exercises administrative control. A public institution includes a correctional institution."

(See DSSM section 14120 for additional institution definitions)

16 Del. Admin. Code § 60000-60100

26 DE Reg. 212( 9/1/2022) (final)