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DE SB264

Bill

Status

Passed

7/12/2010

Primary Sponsor

James Johnson

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Origin

Senate

145th General Assembly

AI Summary

  • Expands criteria for secure detention of juveniles pending adjudication to include violent misdemeanors, escape from non-secure detention, witness intimidation, breaches of conditional release, and failure to appear based on prior patterns or circumstances.

  • Requires courts to consider less restrictive alternatives before ordering secure detention, including release on recognizance, bail, family placement, and non-secure detention alternatives such as home detention or intensive supervision.

  • Mandates written findings when courts order secure detention, including basis for detention and reasons for rejecting alternatives; requires additional written justification if overriding a presumptive release recommendation from a Risk Assessment Instrument.

  • Establishes expedited review procedures: initial detention hearing the next day Family Court is in session, follow-up hearing within 14 days, and subsequent reviews at 30-day intervals; requires adjudicatory hearings within 30 days of detention.

  • Permits Family Court to order custodians to pay for a child's care during out-of-home placement when the custodian refuses to take custody pending adjudication.

Legislative Description

An Act To Amend Title 10 Of The Delaware Code Relating To Disposition Of Children Pending Adjudication And Payment For Care.

Last Action

Signed by Governor

7/12/2010

Committee Referrals

Judiciary6/10/2010
Judiciary5/11/2010

Full Bill Text

No bill text available