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DE HB314

Bill

Status

Passed

10/26/2022

Primary Sponsor

Debra Heffernan

Click for details

Origin

House of Representatives

151st General Assembly

AI Summary

  • Clarifies that mandatory minimum institutional commitments for juveniles apply only to offenses committed after the child's 16th birthday for Robbery First Degree or Possession of a Firearm during commission of a felony.

  • Establishes a minimum 6-month Level V institutional confinement sentence for a first offense and 1 year for each subsequent offense, with no suspension allowed.

  • Prohibits release from institutional confinement during the first 6 months unless the Director of Youth Rehabilitation Services determines participation in external treatment programs is necessary.

  • Allows release after the initial 6-month period only upon Family Court order, which requires a hearing and finding by a judge that the child has progressed in treatment and release serves both public welfare and the child's interests.

  • Requires courts to advise children and their parents or guardians of these mandatory commitment provisions when they appear on charges subject to the minimum commitment rules.

Legislative Description

An Act To Amend Title 10 Of The Delaware Code Relating To Mandatory Sentences For Juveniles.

Last Action

Signed by Governor

10/26/2022

Committee Referrals

Judiciary5/5/2022
Judiciary3/3/2022

Full Bill Text

No bill text available