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1987 Delaware Attorney General Reports and Opinions 1 (1987)

handle is hein.sag/sagde0027 and id is 1 raw text is: STATE OF DELAWARE
DEPARTMENT OF JUSTICE
STATE OFFIcE BLILDIG
(H&N~f- * 06ROSI   U820 N. FRIce STREET. 8TH FLOOR     DiacT D4t.
AToalt% GE~tcAt           ILMINGTO%. DELAWARE 19801
571-2508
January 28, 1987
Honorable John L. Sullivan
Commissioner
Department of Correction
80 Monrovia Avenue
Smyrna, DE 19977
RE: Transfer Of Inmates To More Restrictive Confinenent,
Restrictions On Inmate Property, And Enforcement Of
Grooming Standards
Opinion No. 87-1001
Dear Commissioner Sullivan:
You have asked several questions concerning the prerogatives
of the Department of Correction (the Department) in maintaining
custody of convicted inmates. In essence, you question:
1.   Under what circumstances may the Department
house convicted inmates in a maximum security
unit for non-punitive reasons without violating
the inmates' constitutional rights?
2.   What proof of wrongdoing must the Department
have to support classifying an inmate to higher
security?
3.   How long may the Department confine an
inmate to a maximum security unit?
4.   May the Department, without violating
constitutional rights, restrict the amount of
personal possessions, including legal materials,
which convicted inmates may keep in their ceals?
5.   May the Department require inmates to
conform to established standards of personal
grooming?

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