CHAPTER 483

RELATING TO FEEBLE-MINDED

AN ACT TO AMEND CHAPTER 55, TITLE 16, DELAWARE CODE BY PROVIDING FOR THE COMMITTMENT OF CERTAIN FEEBLE MINDED OR MENTALLY RETARDED PERSONS IN A PENAL INSTITUTION OR DETENTION HOME UPON PETITION BY THE SUPERINTENDENT OF THE DELAWARE COLONY TO THE SUPERIOR COURT.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 55, Title 16 of the Delaware Code is amended by adding a new section thereto to read as follows:

§ 5525. Commitment to a penal institution or a detention home; release

(a) The Superintendent of the Delaware Colony is authorized to petition the Superior Court with respect to any feeble minded or mentally retarded person under his jurisdiction, who, because of repeated criminal acts or otherwise, is, in his opinion, incorrigible, for authority and permission to place such person in a penal institution or detention home. The Court, after a hearing, may in its discretion enter an order placing such person in confinement in any penal institution or detention home of this State.

(b) Upon petition of the Superintendent of the Delaware Colony, accompanied by a report from a psychiatrist, the Court may in its discretion release a person committed to a penal institution or detention home under the provisions of this section to the Superintendent of the Delaware Colony for further training or rehabilitation.

Approved July 18, 1955.