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DE HB76

Bill

Status

Introduced

5/9/2019

Primary Sponsor

Debra Heffernan

Click for details

Origin

House of Representatives

150th General Assembly

AI Summary

  • Amends Title 10 § 1007 to clarify detention procedures for juveniles by removing the phrase "or contracted" regarding secure detention facilities and reorganizing subsection lettering without changing substantive detention criteria.

  • Amends Title 11 § 4204A to raise the age threshold from 16 to 18 years old for when juveniles sentenced in Superior Court must be transferred to the Department of Correction; juveniles under 18 remain in Division of Youth Rehabilitative Services custody until age 18.

  • Grants the Department of Services for Children, Youth and Their Families exclusive jurisdiction over all aspects of care, custody, and control for juveniles convicted in Superior Court, removing Department of Correction authority over such youth.

  • Adds provisions allowing juveniles sentenced to 20+ years (or 30+ years for first-degree murder) committed before age 18 to petition Superior Court for sentence modification after serving the specified threshold, with subsequent petitions permitted only after 5 years have elapsed.

  • Takes effect January 1, 2021.

Legislative Description

An Act To Amend Titles 10 And 11 Of The Delaware Code Relating To Juvenile Prosecution.

Last Action

Reported Out of Committee (Judiciary) in House with 6 On Its Merits

6/19/2019

Committee Referrals

Judiciary5/9/2019

Full Bill Text

No bill text available