By Donald W. Reinman

I’m writing this article for DCOA’s newsletter because I didn’t understand why so few correctional officers were taking advantage of the wonderful opportunity of prepaid college tuition assistance, until a recent labor/management meeting with the Commissioner and some of his upper level administrative staff.

Correctional officers in this State are the ONLY State employees who can receive college tuition PREPAID  in any  college within the State.  As long as we haven’t used up all of the money set aside for this program each year by the Legislature the tuition is paid for 100%.  This year, as for the past few years the amount set aside has been $75,000.00.  At that recent Labor/Management meeting I found out that so far this year we haven’t even used up $8,000.00 of this allotment and over $7,000.00 of what was used from last years budget, as I understand it.

Most of the blame for this has to be given to the Department because they have the responsibility for setting up the application program.  The Department must determine how the officers are to apply for the assistance and by what date the applications must be in for each semester of a college year.  As of the date of the writing of this article (11/26/01) the Department has yet to do this.  I have written to the Commissioner and his administrative assistant, Mr. Carl Danberg stressing my concern and requesting that a priority be placed on completing this task.

Because of their delay the 2001 fall semester has already passed and the 2002 winter semester is here.  Most of you never were told how to go about getting this assistance and when and where to apply.  Hopefully, this will be corrected shortly.

In the meantime…if you wish to take advantage of this program and I’m hoping that many of you will, I suggest that you go to whatever college campus you wish to attend and to pick up an application.  Then call the Human Resources Department in the Department of Corrections and ask them what must be done to participate in the Tuition Assistance Program.  It the person you’re talking to doesn’t know then ask to be transferred to either Alan Machtinger’s or Carl Danberg’s office.  If neither one of these individuals has an answer then please contact DCOA’s office and have them let me know of your problem.

As your lobbyist I worked many hours with the Legislature, members of the Joint Finance Committee and with the other legislators getting this college tuition program passed and getting money to get it started.

Initially, it was a reimbursement program, but after a year I realized that for many of you putting out the money up front, on your limited salaries, was too much and I looked to change that.  With the help of Carl Danberg and the Legislature, we changed this program to a prepaid assistance program, with the Department of Corrections establishing the particulars in administrating it.  It became a prepaid assistance program at the end of June and that’s why I’m a little disturbed with the fact that the department hasn’t yet completed the task of setting up the application program.

A college degree should be very important to all, including the department.  Especially the young officers who are just starting out on a career, whether or not their entire career will be spent with the Department of Corrections.  You now have the opportunity to do that at no cost to you!  Don’t let this opportunity pass you by!

As a retired police officer I remember when I first started out in law enforcement, back in the ‘70’s, there was a Federal College Assistance Program, L.E.A.A., which provided monies for college education to any law enforcement officer who cared to take advantage of it.  Many officers did this and as a result obtained a college degree paid for by the government.  You now have a similar opportunity here in Delaware.  Take advantage of it!  It will not only help you as correctional officers, but as individuals as well.

It will help you ass correctional officers in many ways, including something that we are just starting to discuss with the Governor, the Commissioner and will be discussing with the Legislature when it returns in January.  That being the expansion of law enforcement powers for correctional officers in this State.  Many police officers in Delaware currently have a college education or are working towards one.  By as many of you as possible taking advantage of the current program it will help in our quest to expand your current powers.  It will help us show that you realize the importance of what these additional powers will give to you and that you are capable of handling these additional powers in a professional manner.

I hope that this article will stimulate more of you to make the move towards getting your college education.  Reach out to the Human Resource Department of DOC and ask what you have to do to obtain money through the college tuition assistance program today.  Once again, the opportunity is here right now, don’t let it pass by you.

Legislative Article for DCOA's December 2001 Newsleter by Donald W. Reiman

This will be the second in a series of articles I will write to let you know what Legislative action was taken by the Delaware General Assembly during it's 2001 session. There are a number of bills that have been introduced and passed that will affect your lives, not only as correctional officers and merit system employees, but also as Delawareans. In this second article I will continue to list cover the House bills that I believe should be interest to you. Once again, some of the bills that are active within the Legislature you may support and some you may oppose. I would be very interested in hearing from you. Your opinions can be forwarded to me either through DCOA office, at 50 W. Commerce St., Smyrna, DE. 19977, or through my e-mail address; dwrpba@del.net. I would like to hear from you, as it will help me to better represent your interest at Legislative Hall.
In listing these bills I have broken them down into four categories; bills affecting you as correctional officers; bills affecting you as State employees; bills affecting you as Delawareans; and finally, bills covering miscellaneous subjects.

Bills affecting you as a correctional officer;

1. HB 175 Delaware courts have held that the striking of a person with saliva or other bodily fluids is not a criminal act covered by the offensive touching statute. This act will close that loophole in the criminal code. It also adopts the language of other similiar provisions of the code which provide for mandatory testing of a defendant who commits such an offense. Any violation of this act upon a correctional officer acting in the lawful performance of their duty shall be a Class A misdemeanor. (This bill has passed and been signed into law)
2. HB 212 This bill would create an EZ-pass assistance program for correctional officers. (Currently this bill is still in House committee)

Bills affecting you as a State employee:

1. HB 106 This bill allows for a separate paid leave for an employee who is an organ donar and/or a bone marrow donor. (This bill has passed and been signed into law)
2. HB 161 This bill will permit an employee to get additional pension credit for "unused sick leave" in excess of 90 days and up to one year, when the employee is otherwise qualified for a pension. This bill has a fiscal note: for 2002 it would cost $490,000.00; for 2003 the cost goes up to $510,000.00. Because this bill was held in the House appropriations committee during the last session the 2002 and 2003 cost factors should apply to 2003 and 2004 respectfully. (At this time this bill is still in the House appropriations committee)
3. HB 229 This Act would expand the police powers of Parole Officers giving them law enforcement powers where a crime may be committed in their presence while they are checking on a parolee, or probationer. This bill is in the House Judciary Committee)
4. HB 281 This bill fomalizes the previously organized Statewide Labor Management committee, and defines it's membership and mission. (This bill has passed the House and is a Senate committee)

Bills affecting you as a Delawarean:

1. HB 101 This bill changes the terminology of a child born to unmarried parents to: "Non-marital child". (This bill has been signed into law)
2. HB 107 This bill provides a limited exemption from execution or the attachment process of assets held in accounts established under The Delaware College Investment Plan, except; (1) claims for desertion and support; (2) claims for taxes owed to the State of Delaware. (This bill has been signed into law)
3. HB 120 This bill is known as the; "Safe arms for babies act". It is designed to save the lives of babies who might otherwise be abandoned in an unsafe place without medical care. The bill encourages parents who decide to abandon their baby to do so to an employee or a volunteer at a hospital's emergency department. A parent who complies with this bill will be immunized from prosecution for the crimes of abandonment of a child, or endangering the welfare of a child. (This act has been signed in law)
4. HB 145 This bill provides additional safeguards for Delaware's children by including the criminal history of any party or adult member of a child's household to the list of factors to be considered when determining the best interest of a child. HB159 is simliar to this bill and has already passed The House and is in a Senate committe. (This bill is out of a House committee, but has not been brought up for a vote)
5. HB 149 This bill will allow siblings who no longer reside together to petition the court for the right to visit with on another, when such visitation is in their best interest and when certain circumstances exist. (This bill has passed the House)
6. HB 158 This bill requires an employer to notify their employees of the Workers Compensation Act and the benefits they're entitled to if they are injured on the job. (This bill has been signed into law)
7. HB 170 This act creates a violation of privacy; either a class A misdemeanor, or a class G felony; for secretly taking pictures up a woman's skirt or down her shirt. These acts are also known as; "upskirting" or "downblousing". (This bill has been signed into law)
8. HB 177 This bill would require any person delinquent in child support payments to be committed to DOC's work release program until all deliquent child support is paid. (This bill is still in the House corrections committee)
9. HB 181 This bill will require the division of child support enforcement to notify all parties to a support order of the date of final payment (3) times during the obligor's payment history. (This bill has passed the House and has been released for a vote in the Senate)
10. HB 193 This bill will allow either party to divorce petition to request a Family Court order permitting them to resume the use of their maiden or former name. (This bill has passed the House)
11. HB 198 This bill will provide clear guidelines for parents and law enforcement covering what is and what is not, reasonable and moderate force when discipling a child. (This bill is still in a House committee)
12. HB 203 This bill allows Family Court to make any order that promotes the interest of a child if custody, or visitation order is violated, impeded or impaired. (This bill is out of committee and ready for a vote in the House)
13. HB 269 This bill is intended to provide a statutory framework to the jurisdictional authority and resulting practice in Family Court of granting guardianships with respect to children. It sets out the procedural mechanisms for filing a petition and the rights and duties of guardians and parents once an order is entered. It also addresses termination/modification of guardianships. (This bill has been signed into law) Note: HB269 will be addressed in depth in a future newsletter.

Bills related to miscellaneous subjects:

1. HB 194 This bill will add Rape, Sexual solicitation of a child and certain child pornography felonies to the list of offenses for which wiretapping may be authorized. (This bill has passed the House and is currently in a Senate committee)
2. HB 209 This bill requires that allegations of sexual offenses or other serious assaults against students by school employees must be immediately reported to a police agency rather than delaying such by an investigation by school officials. (This bill has been signed into law)
3. HB 216 This bill creates the "Fire Detection Fund". The object of the fund is to ensure the installation of "Smoke Dectectors" in every private residence in Delaware. (This bill has passed the House and is ready for a vote in the Senate)
4. HB 246 This bill standardizes definitions and procedures to streamline the administration by the Higher Education Commission of the student financial assistance program. (This bill has been signed into law) Note: The contents of HB246 will be addressed in depth in a future newsletter.
5. HB 247 This bill requires schools and school districts post, in a prominent location visible to students, staff, and visitors any community notification received from a criminal justice agency of a sex offender that has been released, and that they maintain a record of such notification in an easily accessible and central location within the schools offices. (This bill has been signed into law)
6. HB 289 This bill provides special license plates for those Delaware residents that are members of the National Rifle Association. (This bill is ready for vote in the House)
7. HB 294 This bill requires unlicensed persons who deliver, sell or otherwise transfer a firearm at a gun show to maintain a record of the name, address, social security number and date of birth of any person to whom a firearm is delivered, transferred or sold at a gun show for a period of not less than one (1) year unless a criminal background check is performed on the potential buyer or transferee prior to the sale or transfer. (This bill is ready for vote in the House)
8. HB 295 This bill places restrictions and prohibitions on telemarketing telephone calls. It also allows the Attorney General and/or individuals to bring civil actions to enforce the law. (This bill is ready for vote in the House)
9. HB 296 This bill re-establishes the ignition interlock program for those convicted of DUI. It also mandates its use for subsequent DUI convictions. (This bill has passed the House and is currently in a Senate committee)


This will conclude the second in a series of articles covering legislative subjects I feel would be of interest to you. So far I have reviewed the first 300 House Bills submitted during the 2001 Legislative Session. I hope that you find these bills of interest and if you wish to learn more about any particular bill please let me know by contacting the DCOA office and asking that this information be sent to you.