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DE HB470

Bill

Status

Passed

7/11/2018

Primary Sponsor

James Johnson

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Origin

House of Representatives

149th General Assembly

AI Summary

  • Allows the Superior Court to conduct evidentiary hearings when the Department of Services for Children, Youth and Their Families files a motion to place children aged 16 or older in secure detention facilities other than those operated by the Department.

  • Permits the Superior Court to order placement in non-Department facilities if it finds by clear and convincing evidence that Department facilities are at or beyond capacity and the child's safety or health is at risk, or if the child poses a danger to self or other youth in Department-operated facilities.

  • Requires the Department to provide weekly capacity status updates to the Court if a child is transferred due to capacity issues and prohibits placement in adult facilities for longer than 60 days.

  • Makes clarifying amendments to § 1007 of Title 10, including adding language about contracted secure detention facilities and adjusting subsection lettering.

  • Includes a sunset provision expiring 2 years from the effective date of the Act.

Legislative Description

An Act To Amend Title 10 Of The Delaware Code Relating To Release Of Persons Accused Of Crimes.

Last Action

Signed by Governor

7/11/2018

Committee Referrals

Judicial & Community Affairs6/21/2018
Corrections6/19/2018

Full Bill Text

No bill text available