M. DeSales Haley, Esquire
Executive Assistant for Legal Affairs
Family Court of the State of Delaware
900 King Street
P.O. Box 2359
Wilmington, DE 19899
Re: Transportation of Criminal Offenders from Family Court
Dear Ms. Haley:
You have asked which agency is responsible for the transportation of criminal offenders from Family Court courthouses to prison upon sentencing in the late afternoon hours after the Department of Correction (the "Department") has concluded transporting prisoners for the day. We conclude that Delaware has no specific statute requiring any particular state or county agency or officer to transport newly incarcerated criminal offenders from the courthouse to the prison during periods when the Department's Transportation Unit is unavailable. For the reasons stated below, however, we conclude that in the absence of such a statute, based upon common law, the Sheriff's office in the respective county has a duty to transport prisoners
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