CHAPTER 201

FERRIS SCHOOL FOR BOYS PROVIDING FOR INCARCERATION OF CERTAIN INMATES TO NEW CASTLE COUNTY WORKHOUSE

AN ACT TO AMEND CHAPTER 70 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO FERRIS SCHOOL FOR BOYS, PROVIDING FOR THE INCARCERATION OF CERTAIN INMATES OF THE SAID SCHOOL IN THE NEW CASTLE COUNTY WORKHOUSE, AND SETTING FORTH PROCEDURE.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Article 1, Chapter 70, Revised Code of Delaware, 1935, as amended, be further amended by inserting and enacting after 2505. Sec. 7. thereof a new Section to be designated 2505A. Sec. 7A., as follows:

2505A. Sec. 7A. (a) That the Trustees of the Ferris School for Boys shall have the power and authority, in the case of any minor committed to their care and custody, to make application to any Judge of the Court of General Sessions for authority and permission to place such minor in the New Castle County Workhouse for correction or safekeeping.

(b) That such application shall be by petition and shall contain an allegation under oath signed by a majority of the Trustees that such minor is destructive to the program for the rehabilitation and reconstruction of other minors in said School.

(c) That upon a proper petition, a Judge of the Court of General Sessions finding as a fact, after a hearing, that such minor is destructive to the program of the School, and is hindering and delaying the rehabilitation and reconstruction of other minors in said School, the said Judge may, in his discretion, authorize the Trustees to place such minor in the New Castle County Workhouse, with the Warden thereof acting as agent for the said Trustees in the care and maintenance of such minor.

The incarceration of such minor in said New Castle County Workhouse may be determinate or indeterminate as to time, with the exception that no minor shall be incarcerated in said Workhouse, with the Warden as agent for the Trustees, after such minor has reached the age of twenty-one years; that in case of the placing of a minor in the New Castle County Workhouse for an indeterminate time, the Warden and Trustees, upon a petition, may request the return of such minor to the Ferris School for Boys upon a showing that in the opinion of the Trustees and the Warden the minor has been rehabilitated to such an extent that he is no longer destructive to the program of the said School.

(d) That in the case of any minor sent to the New Castle County Workhouse hereunder, at the time of the admittance of the minor to the said New Castle County Workhouse, there shall be presented to the Warden an order of the authorizing Judge, stating the circumstances under which the minor is committed to the Warden of the New Castle County Workhouse as agent for the Trustees of the Ferris School for Boys, and that in all cases the said Warden shall hold such minor separate and apart from the more hardened criminals.

(e) That the Trustees of the Ferris School for Boys are directed to pay to the Trustees of the New Castle County Workhouse from their account such sum or sums of money as may be reasonably due for the maintenance of any minor or minors while in the New Castle County Workhouse.

Approved April 7, 1947.