CHAPTER 354

FORMERLY

SENATE BILL NO. 416

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 21, TITLE 11 OF THE DELAWARE CODE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Chapter 21, Title 11, of the Delaware Code by adding a new section to read as follows:

"Section 2103A Detention of Youth Charged with Superior Court Offenses.

(a) When a child, as defined under 10 Del. C. Section 901(3), is found nonamenable to the rehabilitative processes available to the Family Court or is charged with an offense for which the Superior Court has original jurisdiction, there shall be a placement decision made at the preliminary hearing in the Family Court to decide whether to remand the child to a juvenile or adult detention facility. The placement decision shall be based on the best Interests of the child and the protection of the public, and shall take into account such factors as the child's age and maturity, the nature and circumstances of the offense charged, the child's prior offense history, the security and programs of each of the detention facilities, the child's behavior at the youth detention facility prior to the placement decision, and any other factors deemed relevant by the Family Court. The placement decision shall be reviewed by the Juvenile Detention Oversight Committee prior to implementation, provided that such review shall occur within 30 days of the placement decision.

(a) No child who has been referred to Superior Court for trial as an adult shall be remanded to an adult detention facility prior to the hearing provided for in subsection a of this section."

Section 2. The provisions of this Act shall automatically expire and cease to be effective two years after its enactment into law.

Approved July 12, 1994.