(a) The administrator and head of the Department shall be the Commissioner of the Department of Correction, who shall be a person qualified by training and experience to perform the duties of the office. The Commissioner shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor. The Commissioner shall be paid an annual salary as approved by the General Assembly. The Commissioner of the Department of Correction shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Commissioner of the Department of Correction shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency shall serve to terminate said office.
(b) In the event the position of Commissioner is vacant, the Governor, by appointment, shall have the power to fill the position or positions of bureau chief as are vacant. Chiefs so appointed shall serve at the pleasure of the Governor, and, upon the position of Commissioner being filled, such chiefs may be removed from office by the Commissioner with the written approval of the Governor.
(c) In the event of death, resignation, temporary incapacity or removal of the Commissioner and prior to the appointment of a successor, the Governor may appoint the chief of any bureau of the Department to serve as Acting Commissioner. The Governor may during the Commissioner’s absence from the State appoint the chief of any bureau of the Department to serve as Acting Commissioner during such absence. In either case, the Acting Commissioner shall have all the powers and perform all the duties and functions of the Commissioner during such absence or incapacity or until the successor is duly qualified and appointed.
60 Del. Laws, c. 251, § 14; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 140, § 9; 78 Del. Laws, c. 305, § 4.
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