CHAPTER 190

APPROPRIATION - ESTABLISHMENT OF A DEPARTMENT FOR THE CRIMINALLY INSANE

AN ACT TO AMEND CHAPTER 76 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED, "INSANE", BY MAKING PROVISION FOR THE ESTABLISHMENT OF A DEPARTMENT AT THE DELAWARE STATE HOSPITAL AT FARNHURST FOR CRIMINALLY INSANE ADULTS, CRIMINALLY INCLINED JUVENILES, AND FEEBLE-MINDED PERSONS WHO MAY BE CRIMINALLY INCLINED; MAKING AN APPROPRIATION THEREFOR AND AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY AND ISSUE BONDS FOR PAYMENT OF THE MONEY SO APPROPRIATED.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (three-fourths of all the members 'elected to each House concurring therein):

Section 1. That the State Board of Trustees of the Delaware State Hospital at Farnhurst is hereby authorized, empowered and directed to establish at the said hospital a new department for criminally insane adults, and criminally inclined juveniles, regardless of their mental capacity, said department to be established on the present grounds of the hospital.

Section 2. All criminally insane adults and criminally inclined juveniles shall be admitted to this department to be created at the hospital when committed by any court of the State of Delaware having jurisdiction over the persons so committed.

Section 3. The governing authorities of any institution of the State of Delaware to which persons already have been committed who classify for admission under the terms of this Act may petition any court of competent jurisdiction in the State of Delaware praying an order to remove inmates of said institution or institutions to the Department for criminally insane at the Delaware State Hospital. Upon the recommendation of the State Psychiatrist and after such hearing as the court may deem proper, any court of competent jurisdiction in the State of Delaware shall have the power to order such criminally insane adult or criminally inclined juvenile to be committed to the Delaware State Hospital for treatment in the Department for the criminally insane.

Section 4. The expenses of the removal of a criminally insane adult or a criminally inclined juvenile and of his admission to the Delaware State Hospital, and the charges and expense for the maintenance and care at the Delaware State Hospital, shall be paid by the institution which had charge of such case. Where such persons are committed by the proper courts otherwise than from an institution of the state then in the case of such commitment, the Levy Court of the County where the person so committed was a resident at the time of the commitment shall pay the Delaware State Hospital for such removal, admission, maintenance and care. If any such criminally insane adult or criminally inclined juvenile shall have any real or personal estate, said Board of Trustees of the said Hospital shall have, for the expenses and charges so incurred as aforesaid, the same remedy as is provided in Section 11 of Chapter 76 of the Revised Code of Delaware, 1935, as amended.

Section 5. The State Board of Trustees of the Delaware State Hospital at Farnhurst is hereby authorized, empowered and directed to erect on the grounds of the State Hospital a new building to accommodate sixty or sixty-five adults and juveniles who may be committed to the said institution by the courts of the State, under the provisions of this Act.

Section 6. There is hereby appropriated to the State Board of Trustees of the Delaware State Hospital at Farnhurst the sum of Two Hundred and Forty Thousand Dollars ($240,000.00), or so much thereof as may be necessary, out of the proceeds of a bond issue authorized to provide the necessary funds for the purpose of this Act. The funds so appropriated shall not revert to the General Fund of the State Treasury at the end of any fiscal year but shall remain and be available for the purpose indicated until the same has been expended.

Section 7. That the Governor and the State Treasurer and the Secretary of State of the State of Delaware herein sometimes referred to as the "issuing officers", are hereby authorized, fully empowered and directed, to borrow upon the faith and credit of the State of Delaware a sum of money not in excess of Two Hundred and Forty Thousand Dollars ($240,000.00) which shall be used for the purposes set forth in this Act entitled, "An Act to Amend Chapter 76 of the Revised Code of Delaware, 1935, as Amended, Entitled, 'Insane', by Making Provision for the Establishment of a Department at the Delaware State Hospital at Farnhurst for Criminally Insane Adults, Criminally Inclined Juveniles, and Feeble-minded Persons who may be Criminally Inclined; Making an Appropriation Therefor and Authorizing the State of Delaware to Borrow Money and Issue Bonds for Payment of the Money so Appropriated".

Section 8. That the said bonds, issued in accordance with the provisions of this Act, shall be a direct general obligation of the State, and the public faith and credit of the State is hereby expressly pledged for the full and complete payment of the debt, principal and interest. The principal and interest of the said bonds shall be exempt from taxation by the State or by any political subdivision thereof, for any purpose whatsoever.

Section 9. That the said bonds shall be signed in the name of the State of Delaware by the Governor, the Secretary of State, and the State Treasurer, and shall have the great seal of the State impressed thereon. Attached interest coupons shall be authenticated by the signature or facsimile signature of the State Treasurer. The said bonds may be issued notwithstanding that any of the officers signing them or whose facsimile signature appears on the coupons shall have ceased to hold office at the time of such issue or at the time of the delivery of said bonds.

Section 10. That the said bonds shall recite that they are issued for the purpose set forth in this Act, and that they are issued in pursuance of this Act and the constitution of this State, and such recital shall be conclusive evidence of the authority of the State to issue said bonds and of their validity. Any such bonds containing such recital shall, in any suit, action or proceeding involving their validity, be conclusively deemed to be fully authorized by this Act and to have been issued, executed and delivered in conformity herewith, and shall be incontestable for any cause.

Section 11. That the said bonds shall be in such form and in such denomination and may contain such other and further recital and be subject to such terms and conditions, with such privileges as to registration, conversion, reconversion, redemption and exchange, and may contain such other provisions, as may be determined by the said "issuing officers".

Section 12. That the said bonds shall bear interest payable semi-annually at a rate of interest not exceeding two per centum (2%) per annum.

Section 13. That the said bonds shall mature as the "issuing officers" may determine; provided, however, that beginning after June 30, 1947, not less than Twelve Thousand Dollars ($12,000.00) of the principal debt hereby authorized shall be paid each year until the total of the said debt is fully paid.

Section 14. That all money received from the sale of the said bonds authorized under the provisions of this Act shall be deposited by the State Treasurer in a Special Fund, at the Farmers' Bank of the State of Delaware, at Dover, to be opened by him for such purpose, and shall be used exclusively for the purpose set forth in this Act, and shall be allocated to the Board of Trustees of the Delaware State Hospital.

Section 15. That the Budget Appropriation Bill enacted and approved by the General Assembly at the One Hundred and Fifteenth Session, and at each and every subsequent biennial session thereof, shall contain under the Debt Service Item provisions for the payment of maturity principal and interest of said bonds issued by virtue of this Act and of such revenues of the State of Delaware that are not prohibited by constitutional provisions or committed by preceding statutes for other purposes are hereby pledged for the redemption and cancellations of the said bonds and the payment of the interest thereon.

Approved April 5, 1947.