Delaware Code Title 11 Sec. 9502 – Program funding; operation; supervision
(a) There is hereby established a Victim-Offender Alternative Case Resolution Committee to be composed of the Attorney General, Chief Defender, Chief Judge of the Court of Common Pleas, Director of the Criminal Justice Council, and the Chief Judge of Family Court or their designees to administer this chapter. Funds may not be awarded or a program approved without the approval of the Victim-Offender Alternative Case Resolution Committee.
Terms Used In Delaware Code Title 11 Sec. 9502
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Contract: A legal written agreement that becomes binding when signed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(b) To be eligible for state funds, a program must do all of the following:
(1) Be operated by a 501(c)(3) [26 U.S.C. § 501(c)(3)] organization in Delaware.
(2) Provide neutral mediators who have received training in conflict resolution techniques.
(3) Comply with this chapter and the rules adopted by the Victim-Offender Alternative Case Resolution Committee.
(4) Provide victim-offender alternative case resolution in felony, misdemeanor and juvenile delinquency cases without cost to the participants.
(5) At the conclusion of the alternative case resolution process provide a written agreement or decision to the referral source setting forth the settlement of the issues and future responsibilities of each participant.
(c) Each program that receives funds under this chapter must be operated under a contract with the Victim-Offender Alternative Case Resolution Committee and must comply with this chapter.
(d) An organization applying to the Victim-Offender Alternative Case Resolution Committee for funding is to include all of the following information in its application:
(1) Cost of operating the victim-offender mediation program, including the compensation of employees.
(2) Description of the proposed area of service and number of participants expected to be served.
(3) Proof of nonprofit status.
(4) [Repealed.]
(e) The Chair of the Victim-Offender Alternative Case Resolution Committee or the Chair’s designee may inspect, examine and audit the fiscal affairs and 990 Forms of victim-offender alternative case resolution programs.
(f) A program operated under this chapter is not a state agency or an instrumentality of the State. Employees and volunteers of a program are not employees of the State.
(g) A program that receives funds from the Victim-Offender Alternative Case Resolution Committee under this chapter must annually provide the Victim-Offender Alternative Case Resolution Committee with statistical data regarding all of the following:
(1) The operating budget.
(2) The number of case referrals, categories, or types of cases referred.
(3) The number of parties served.
(4) The number of cases resolved.
(5) The nature of the resolution and amount and type of restitution to the victim or community.
(6) The rate of compliance of the accused with the agreement of the parties.
(7) The length of total case processing time by the victim-offender alternative case resolution program.
(8) If applicable, community service hours agreed to and community service hours completed.
(9) [Repealed.]
70 Del. Laws, c. 444, § ?1; 70 Del. Laws, c. 186, § ?1; 72 Del. Laws, c. 190, § ?3; 80 Del. Laws, c. 26, § ?3; 82 Del. Laws, c. 92, § 3;