CHAPTER 389

FORMERLY

SENATE BILL NO. 508

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO CREATE AN OVERSIGHT COMMITTEE ON JUVENILE DETENTION TO ASSURE THAT A CLEAR, OBJECTIVE, CONCISE, AND NON-ARBITRARY SET OF STANDARDS FOR THE DETENTION OF JUVENILES AND THEIR COMMITMENT TO A SECURE CARE FACILITY IS BEING IMPLEMENTED AND ENFORCED BY THE FAMILY COURT OF THE STATE OF DELAWARE.

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

Section 1. There is hereby established an Oversight Committee on Juvenile Detention.

Section 2. The Committee shall consist of nine members, four of whom shall be appointed by the Governor, one of whom shall be the Chairman of the Senate Committee on Children and Youth and Their Families, and four of whom shall be members appointed by the Chairman. The Chairman of the Oversight Committee shall be appointed by the Chairman of the Senate Committee on Children and Youth and Their Families.

Section 3. The powers and duties of the Committee shall include, but not be limited to, oversight of the implementation and adherence to a clear, concise, objective, and non-arbitrary set of standards for the detention of juvenile offenders remanded to a secure facility. Such set of standards shall be approved by the Family Court and the Secretary of the Department of Services for Children, Youth and Their Families.

Section 4. The Committee shall review applicable statutory and regulatory provisions and procedures in order to evaluate the adequacy and appropriateness of due process protections afforded juveniles charged with delinquent acts. The Committee shall recommend such changes in these laws, rules, and/or procedures as it deems necessary to ensure that said juveniles' due process rights are not violated. The Committee shall provide these recommendations to the General Assembly in the form of a report due on or before Jan. 15, 1991.

Section 5. The Committee shall review the implementation of §937(g)(1), Title 10, Delaware Code, known as the "mixing law," to determine its impact on placement and treatment options available for juveniles charged with or adjudicated of delinquent acts.

Section 6. Members of the Committee in the performance of their duties may visit without prior notification any juvenile secure detention facility, have access to those records of juveniles detained in a secure facility which contain information used by the Family Court in the course of determining the detention of said juveniles and review the treatment programs established for juveniles detained in a secure care facility.

Section 7. The Committee shall report on or before January 15 of each year to members of the General Assembly on its activities and make recommendations on improvements to the system of detention before adjudication.

Section 8. The Committee shall continue in existence until such time as its members determine by majority vote that its oversight function is no longer required or until disbanded by statute.

Approved July 18, 1990.