CHAPTER 90

FORMERLY

SENATE BILL NO. 104

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 4, TITLE II OF THE DELAWARE CODE RELATING TO THE COMMITMENT TO THE STATE HOSPITAL; CONFINEMENT; PERIODIC REVIEW OF COMMITMENT; PARTICIPATION OF PATIENT IN TREATMENT PROGRAM.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section I. Amend 8403(b), Chapter 4, Title II of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

"(b) Except u provided in subsection (c) below, a person committed, confined or transferred to the Delaware State Hospital in accordance with subsection (a) of this section, §404, §405, §406 or §408 of this title (referred to herein u "the patient") shall be kept there at all times in a secured building until the Superior Court of the County wherein the case would be tried or was tried is satisfied that the public safety will not be endangered by his release. The Superior Court shall without special motion reconsider the necessity of continued detention of a patient thus committed after he has been detained for one (I) year. The Court shall thereafter reconsider his detention upon petition on his behalf or whenever advised by the State Hospital that the public safety will not be endangered by his release."

Section 2. Amend 1403(c) (I) Chapter 4, Title II of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

"(c) (1) Upon petition by a patient confined pursuant to this section, §404, pos, §406 or §408 of this title, or upon petition by the Hospital Director of the Delaware State Hospital, the Court may permit housing in an unsecured building or participation by the patient in any treatment program which is offered by the Hospital, which required or provides that the patient be placed outside a secured building. Such participation shall include, but not be limited to employment off hospital grounds. job interviews, family visits, and other activities Inside and outside the hospital, as may be prescribed by the Medical Director in the Interest of rehabilitation."

Approved July 3, 1985.