CHAPTER 448

STATE OF DELAWARE

EXECUTIVE DEPARTMENT

DOVER

EXECUTIVE ORDER NUMBER SIXTY NINE

TO: HEADS OF ALL STATE DEPARTMENTS AND AGENCIES

RE: ESTABLISHMENT OF PROGRAM ADVISORY COMMITTEE FOR MULTI-PURPOSE CRIMINAL JUSTICE FACILITY

WHEREAS, a multi-purpose criminal Justice facility (hereinafter called "Justice Center) is being designed to receive, process and house, inter ells, those persons detained awaiting trial; and

WHEREAS, this Justice Center is proposed to include a central arraignment concept with most post-arrest processing functions for persons charged with offenses in New Castle County; and

WHEREAS, the proper and efficient performance of these functions does now and will hereafter require the expertise and cooperation of many criminal justice and service agencies that currently perform these functions, in some instances independently of one another; and

WHEREAS, benefits anticipated from both the central arraignment concept and the joinder of other pre-trial and diagnostic services need not be delayed until the Justice Center is constructed, and must, in any event, be planned concurrently with the design of the Justice Center.

NOW, THEREFORE, I, PIERRE S. du PONT, N, by virtue of the authority vested in me as Governor of the State of Delaware, do hereby order and declare as follows:

1. Establishment: There is hereby established a Program Advisory Committee for the Multi-purpose Criminal Justice Facility in Northern New Castle County.

2. Membership:

(a) Executive Director of the DCJPC, who shall serve as Chairperson;

(b) Mayor, City of Wilmington;

(c) City Solicitor, City of Wilmington;

(d) Police Chief, City of Wilmington;

(e) Chief Judge, Wilmington Municipal Court;

(f) Public Safety Director, New Castle County;

(g) Superintendent of the Delaware State Police;

(h) Chief Magistrate, New Castle County;

(i) Chief Judge, Court of Common Pleas;

(j) The State Attorney General;

(k) The State Public Defender;

(1) Commissioner of Correction;

(m) Chief, Bureau of Adult Correction;

(n) Special Assistant to the Governor on Corrections;

(o) Chairman, Bar Association Corrections Committee;

(p) Executive Director, Delaware Council on Crime and Justice;

(q) Director, Office of Management, Budget and Planning;

(r) Director, Division of Health and Social Services;

(s) Chief, Bureau of Substance Abuse;

(t) Chairman, Senate Judiciary Committee;

(u) Chairman, Architect Selection Advisory Committee;

(v) Such other individuals who are qualified by training or experience to assist in the programmatic design of the Justice Facility as the Governor may from time to time designate in writing.

Each person appointed to serve on the Committee ex officio may select a permanent designee to serve in his or her stead.

3. Duties:

(a) Review relevant previous reports and plans;

(b) Review other pertinent available data and information, including such plans and specifications as are prepared by the Architect and Construction Manager, to assure proper coordination of the program with the design and space characteristics of the Justice Center.

(c) Consider existing statutes and Court rules as they pertain to the Central arraignment concept and:

1. Recommend to the Chief Justice any necessary changes in court rules;

2. Recommend necessary legislation to the Governor and the 130th General Assembly.

(d) Refine the proposed plans and procedures to insure decisions are made at the earliest possible point pertaining to charges pre-trail release; nolle prosequi; assignment of counsel; eligibility for diversionary or community-based alternatives; and other steps likely to reduce the number of persons in pre-trial detention or the length of time in detention, consistent with public Safety;

(e) Recommend to other criminal justice agencies administrative changes as appropriate to efficiently implement the central arraignment concept;

(f) Prepare and publish, at the earliest practicable time, a program narrative for all intake and judicial functions of the Justice Center;

(g) Consider the implementation as early as June, 1979 of the Justice Center concept, in whole or in part, at a temporary site until the construction of the Facility is complete;

(h) Explore alternative funding sources for early implementation of the central arraignment concept, particularly LEAA funding under the Phase H Pre-trial Detention and Jail Overcrowding Program.

4. Staffing: The stall of DCJPC shall be assigned as required to staff the Committee. Employees of other state and local agencies may be requested by the Chairperson to assist as necessary.

5. Effective Date and Duration: This Executive Order shall be effective January 8,1979 and shall continue in existence for one year.

Approved this 8th day of January, 1979.

(GREAT SEAL) PIERRE S. DU PONT, IV

Governor

Attest:

GLENN C. KENTON Secretary of State