CHAPTER 274

APPROPRIATION - CONSOLIDATION OF FERRIS AND KRUSE SCHOOLS AND DETENTION HOME FOR JUVENILE DELINQUENTS

AN ACT TO AMEND TITLE 31, DELAWARE CODE, TO PROVIDE FOR THE CONSOLIDATION OF FERRIS SCHOOL FOR BOYS, KRUSE SCHOOL AND THE DETENTION HOME FOR JUVENILE DELINQUENTS AND METHOD FOR VOLUNTARY FURTHER CONSOLIDATION AS TO WOODS HAVEN SCHOOL FOR GIRLS; CHANGE LAWS RELATING TO SUCH INSTITUTIONS AND APPROPRIATE FUNDS.

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

Section 1. The purpose of this Act is to provide for the consolidation of the Ferris School for Boys, the Kruse School and the Detention Home for Juveniles under a single Commission, which Commission would operate all of the State supported schools for the care and education of delinquent juveniles and the detention facilities for juveniles and to provide a method whereby the Woods Haven School for Girls may voluntarily and without coercion join in such consolidation if the Board of such school sees fit to do so.

Section 2. On the dates hereinafter provided, Chapters 51, 55 and 57, Title 31, Delaware Code, are repealed and a new Chapter 51 is enacted and inserted in lieu thereof to read as follows:

CHAPTER 51. THE YOUTH SERVICES COMMISSION OF DELAWARE

SUBCHAPTER I. GENERAL PROVISIONS

§ 5101. Definitions

As used in this chapter--

"Commission" means The Youth Services Commission of Delaware.

"Commitment" refers to the vesting of legal custody of juveniles in the custody of The Youth Services Commission of Delaware under the provisions of Subchapter II hereof.

"Court" means any Court of competent jurisdiction.

"Detention" refers to the holding of a juvenile by the Commission in the separate Detention Department provided for in Subchapter III hereof.

"Juvenile" means a minor.

"Legal custody" denotes those rights and responsibilities associated with the day to day care of the juveniles. It includes the right to the care, custody and control of the juvenile. It includes the duty to provide food, clothing, shelter, education, ordinary medical care and to train and discipline.

§ 5102. Functions of The Youth Services Commission of Delaware

There shall be one State agency known as The Youth Services Commission of Delaware for the operation of all State owned training facilities for juvenile delinquents and for detention facilities for juveniles.

§ 5103. Commission; appointment; qualifications, terms and vacancies

(d) The Youth Services Commission of Delaware shall be managed by a Commission of eight members who shall be appointed by the Governor and the following shall be ex-officio members: the Executive Director of the State Department of Public Welfare, the Superintendent of the Governor Bacon Health Center, the Director of the Family Court and the Chief Probation Officer of the Juvenile Court of Kent and Sussex Counties.

(e) Two members shall be appointed for terms of one year; two for terms of two years; two for terms of three years; and two for terms of four years. Upon the expiration of their terms, their respective successors shall be appointed for terms of four years.

(c) The members of the Commission shall be, during their terms of office, citizens of this State. One member shall be resident of the City of Wilmington; one a resident of New Castle County outside the City of Wilmington; one a resident of Kent County, one a resident of Sussex County; and four from the State at large. No more than four members shall be affiliated with the same political party.

(d) Any vacancy occurring in the Commission by reason of death, resignation or otherwise, shall be filled by the Governor for the unexpired term.

§ 5104. Compensation of members of Commission

The members of the Commission shall receive no compensation for attendance in performance of their duties at meetings of the Commission but shall be reimbursed for all necessary expenses.

§ 5105. Oath; quorum; chairman; secretary

(a) Before entering upon the duties of the office, each member shall take and subscribe an oath or affirmation, as prescribed in Article XIV of the Constitution of this State.

(b) Five members shall constitute a quorum.

(c) The Commission shall elect a Chairman from among its membership.

(d) The Executive Director of The Youth Services Commission of Delaware shall act as Secretary of the Commission.

§ 5106. Executive Director; appointment; compensation

The Executive Director of the Commission shall be appointed by and serve at the pleasure of the Commission. The Executive Director shall be trained in the handling of problems of juvenile delinquents, and shall have had at least five years' experience in this or a related field prior to appointment. First consideration for the appointment of an Executive Director shall be given to a qualified resident of the State of Delaware. The salary of the Executive Director shall be set by the Commission.

§ 5107. Payment of accounts

All of the accounts of the Commission shall be paid by warrant drawn upon the State Treasurer and after approval by the Commission, signed by the Executive Director and countersigned by the chairman or acting chairman.

§ 5108. Annual report to the Governor and to the General Assembly

The Commission shall make an annual report to the Governor and to the General Assembly of its activities and operations and shall include its receipts and expenditures and such recommendations as it may deem appropriate in detail as to fully inform the Governor and the General Assembly or such other legally authorized agency of this State.

§ 5109. Misnomer of Commission in donation

Any misnomer of The Youth Services Commission of Delaware shall not defeat or annul any gift, grant, devise or request to The Youth Services Commission of Delaware if it sufficiently appears by the will, conveyance or other writing, that the party making the same intended to pass to convey thereby to The Youth Services Commission of Delaware the estate or interest therein expressed or described.

SUBCHAPTER II. YOUTH SERVICES

§ 5120. Powers and duties of the Commission

The Commission shall:

(1) Have sole and complete control of the training schools and any other State facilities for readjustment of delinquent children.

(2) Appoint all necessary employees, fix their compensation and prescribe their duties.

(3) Provide suitable food, clothing, medicine and all things necessary for the comfort and improvement of delinquent children.

(4) Make rules and regulations for the government of the training schools not inconsistent with the laws of this State, which it deems necessary and proper for the public welfare and best interest of the juveniles entrusted to the Commission including the release of juveniles to after-care supervision.

(5) When deemed necessary to provide after-care supervision for delinquent children released from the training schools.

(6) Provide suitable buildings, with all the necessary land and appurtenances for the use and occupation of The Youth Services Commission of Delaware.

(7) Establish such rules and regulations relative to the religious and moral education, training, employment, discipline, management, government, instruction, safe-keeping and the disposition of the juveniles.

(8) Exercise all powers not inconsistent with this chapter as are necessary to discharge their responsibility of legal custody of a juvenile.

§ 5121. Commitments to The Youth Services Commission of Delaware

The Family Court of the State of Delaware in and for New Castle County, the Juvenile Court of Kent and Sussex Counties and the Superior Court may each commit to the custody of the Commission any juvenile who is subject to the jurisdiction of such Court and who is delinquent, as that term is defined in Sections 901 and 1101 of Title 10. The Commission shall accept the custody of any juvenile so committed to it. After July 1, 1958 a Court shall only commit a juvenile properly adjudged a juvenile delinquent to The Youth Services Commission of Delaware.

§ 5122. Power to discharge

The Commission in its discretion may discharge finally any juvenile committed to its custody if the Commission shall determine such discharge to be for the best interests of the juvenile or of The Youth Services Commission of Delaware. After such discharge the Commission shall be relieved of all liability for any such juvenile.

§ 5123. Transfer to custody of State Board of Corrections return

(a) The Commission may, in the case of any juvenile committed to its care and custody, make application 4:0 the Superior Court for permission to place such juvenile in tile custody of the State Board of Corrections for correction or safekeeping.

(b) Such application shall be by petition and shall contain an allegation under oath signed by a majority of the Commission that such juvenile is destructive to the program of rehabilitation of other juveniles in the custody of The Youth Services Commission of Delaware, or has assaulted a member of the staff or another child or has been a persistent fugitive, as evidenced by unauthorized absence from the custody of the Commission on five occasions or more or maliciously attempted to set fire to a building, appurtenances or personal property.

(c) Upon such petition and a finding of fact, after a hearing, that such juvenile is destructive to the program of the Commission, and is hindering and delaying the rehabilitation of other juveniles in the custody of the Commission, or has assaulted a member of the staff or another child or has been a persistent fugitive, as evidenced by unauthorized absence from the custody of the Commission on five occasions or more or maliciously attempted to set fire to a building, appurtenances or personal property, the Superior Court may authorize the Commission to transfer such juvenile to the custody of the State Board of Corrections.

The transfer of such juvenile to the custody of the State Board of Corrections shall be indeterminate as to time, with the exception nevertheless that no person shall be incarcerated under this section after the age of 21 years has been reached. In case of the placing of a juvenile in the custody of the State Board of Corrections for an indeterminate time, the State Board of Corrections or The Youth Services Commission of Delaware, upon a petition to the Court may request the return of such juvenile to The Youth Services Commission of Delaware upon a petition and after a hearing and a finding by the Court that the juvenile has been rehabilitated to such an extent that the juvenile would no longer be destructive to the program of the Commission.

(d) In the case of any juvenile transferred to the custody of the State Board of Corrections hereunder, at the time of transfer there shall be presented to the State Board of Corrections an order of the authorizing judge of the Superior Court, stating the circumstances under which the juvenile is committed to the custody of the State Board of Corrections. In all cases the State Board of Corrections shall hold such juvenile separate and apart from the more hardened criminals.

SUBCHAPTER III. DETENTION DEPARTMENT

§ 5130. Separate operation

(a) The Commission shall operate a separate department for the proper transportation, care and detention of any juvenile detained by authority of law.

(b) In the operation of the Detention Department the Commission shall have all of the powers listed in section 5120 of this title.

§ 5131. Detention of juveniles under 18 years of age; exclusive jurisdiction; exceptions; penalties

(a) No juvenile under 18 years of age shall be detained at any police station, jail, correctional institution or any other place under authority of law but shall be transported to Court or to the Detention Department there to await disposition of such juvenile's case by the proper Court.

(b) This section shall not prevent other arrangements as to the detention of such juvenile if such arrangements are specifically approved by a Judge authorized by statute to act in such cases after such Judge has given personal attention to the particular case. No general order as to detention shall give authority to any person to detain such juvenile in any place other than Detention Department.

(c) This section shall not apply to those already committed to any one of the schools or agencies mentioned in this chapter, or to those already committed to the State Board of Corrections under proper statutory authority. If such a juvenile while so committed is apprehended after escape, he may be returned forthwith to the place from which he escaped, there to await any further proceedings.

(d) Any police official, peace officer or other public employee who violates the provisions of this section shall be fined not less than $25 or more than $500; and upon a second offense shall be fined not less than $100 or more than $1,000 and relieved of any rights and duties which he may have as a peace officer under State law.

SUBCHAPTER IV. ENFORCEMENT

§ 5140. Aiding or harboring escapee from a facility of The Youth Services Commission of Delaware; penalty

Whoever knowingly--

(1) advises, promotes or aids in the escape or running away of any juvenile from the custody or detention of The Youth Services Commission of Delaware; or

(2) harbors or conceals, or aids in harboring or concealing any juvenile who has escaped from a facility of The Youth Services Commission of Delaware, after such juvenile has been regularly committed thereto or detained thereat:

shall be fined not less than $10 nor more than $1,000.

Section 3. This Act shall become effective for the purpose of appointing the new The Youth Services Commission of Delaware on July 1, 1957. Thereafter such Commission shall employ the Executive Director herein provided for, establish an office, conduct studies, prepare rules and regulations and generally do whatever preliminary steps are necessary and proper prior to its taking over jurisdiction under this Act and shall on or before the third Tuesday in February, 1958, report to the Governor and to the General Assembly. The report to the Governor and the General Assembly shall include but shall not necessarily be limited to the following:

(a) The Commission's study of the problems involved in the consolidation including legislative recommendations.

(b) The Commission's plan of immediate and future operations.

(c) Legislation desired to be immediately enacted and setting forth the reasons therefor.

(d) The Commission's proposals for organizing the agencies hereinbefore mentioned.

(e) Budget requests.

Section 4. Until July 1, 1958 all jurisdiction and control and financing of the Schools and Detention Home herein mentioned and all jurisdiction as to juveniles committed thereto or detained therein shall continue as heretofore and this Act shall be effective only as provided in Section 3.

Section 5. On July 1, 1958 this Act shall become fully effective and all jurisdiction and control of the Ferris School for Boys and the Kruse School and of the Boards of the said Schools over any juveniles committed thereto shall be transferred to the Commission which shall be charged with the duty of carrying out the terms of the commitments. On July 1, 1958 all jurisdiction and control of the Detention Home for Juveniles and of the Board of the said Home over any juveniles detained thereat shall be transferred to the Commission which shall be charged with the duty of carrying on the detention as provided by law or ordered by proper authority.

Thereafter The Youth Services Commission of Delaware shall have exclusive jurisdiction as to juveniles so transferred and as to any and all other juvenile delinquents thereafter committed or detained.

Any Court in this State shall do all acts necessary to vest legal custody of any juvenile to the Commission or detain any juvenile in accordance with and to carry out the purposes of this Act.

Section 6. On July 1, 1958 as to Ferris School for Boys, the Kruse School and the Detention Home for Juveniles and on the effective date provided for in Section 7 as to Woods Haven School for Girls, if the requirements are met, all funds appropriated to the said Schools and Home shall be transferred to The Youth Services Commission provided for herein, and all employees of said Schools and Home shall be transferred to the Commission with all employment and State pension rights preserved. Employees of the Commission shall receive for credit as to State pension eligibility and benefits all prior employment by Ferris School for Boys, the Kruse School, the Detention Home or Woods Haven School for Girls without regard to the source of the funds previously used for their compensation.

Section 7. If the Board of Woods Haven School for Girls desires that such school become a part of the Commission herein provided for, such consolidation may be effected as follows:

(1) The Board of Woods Haven School for Girls shall notify the Governor and the Commission that as of a particular date (said date to be not earlier than July 1, 1958 and not less than 60 days after receipt by the Governor of such notice) the Woods Haven School for Girls shall become a part of the Commission.

(2) The Board of Woods Haven School for Girls shall on the date so specified convey title to the State of Delaware for the use of The Youth Services Commission of Delaware all property of said School except such property as the Board is not permitted to transfer to the Commission because of any valid restrictions contained in any will, trust instrument or other binding legal document.

Thereupon the Governor shall send notice of such consolidation to the Attorney General and to the Judges of the Courts. On that date the transfer of jurisdiction provided for as of July 1, 1958 as to the other Schools herein mentioned shall take place as to Woods Haven School for Girls and new Chapter 51 shall apply.

Section 8. After July 1, 1958, any reference to Ferris School for Boys, the Kruse School or the Detention Home for Juveniles in any then current law or Court document shall be taken to be and read as a reference to The Youth Services Commission of Delaware provided for herein.

After the effective date provided for in Section 7, if the conditions of such section are met, any reference to the Woods Haven School for Girls in any then current law or Court document shall be taken to be and read as a reference to The Youth Services Commission of Delaware provided for herein.

Section 9. The Youth Services Commission of Delaware is authorized to cooperate with the Federal Government and to receive any Federal funds which may be allocated for the purpose of improving State service for juvenile delinquents.

Section 10. The sum of $25,000 for the fiscal year ending June 30, 1958 and a like sum of $25,000 for the fiscal year ending June 30, 1959 is appropriated to The Youth Services Commission of Delaware to supplement the funds transferred as provided herein to carry out the purposes of this Act.

Section 11. This is a supplementary appropriation and the funds herein appropriated shall be paid out of the General Fund of the State of Delaware.

Approved July 22, 1957.