On December 29, 2006, the State of Delaware and the United States Department of Justice entered into an agreement called the Memorandum of Agreement between the United States Department of Justice and the State of Delaware regarding the Delores J. Baylor Women's Correctional Institution, the Delaware Correctional Center, the Howard R. Young Correctional Institution, and the Sussex Correctional Institution (the "Agreement"). The Agreement contains a number of requirements that the State must meet with regard to the medical and mental health care provided to inmates in the Delores J. Baylor Women's Correctional Institution, the Howard R. Young Correctional Institution, the Delaware Correctional Center, and the Sussex Correctional Institution. The Agreement also provides that the State and the USDOJ must jointly select an independent monitor to review the State's progress and whether the State is complying with the requirements imposed by the Agreement.

In May of 2007, the State and the USDOJ jointly selected Joshua W. Martin III to serve as the independent monitor. Mr. Martin's responsibility as independent monitor is to monitor the medical and mental health care provided to inmates at the facilities described above in order to determine whether the State is in compliance with its obligations under the Agreement, and, with the help of the members of the monitoring team, provide technical assistance to the State as necessary. Mr. Martin is required to issue a public report on a semi-annual basis regarding the State's progress. Mr. Martin released the first report on June 29, 2007. The second report will be released on January 31, 2008.