CHAPTER 597

FORMERLY

SENATE BILL NO. 437

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DETENTION AND CONFINEMENT OF YOUTH.

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

Section 1. Amend § 2103A, Title 11, Delaware Code by deleting said section in its entirety and inserting in lieu thereof the following:

"When a child has reached his or her 16th birthday and is found to be nonamenable to the rehabilitative processes of the Family Court, or is charged with an offense in Superior Court and thereafter makes application for transfer of said charges to Family Court pursuant to 10 Del.C. § 1011 and is denied, or fails to make application pursuant to 10 Del.C. § 1011 within the required time and is therefore held over for trial in Superior Court, the youth shall be remanded to the Department of Correction if held in default of bail."

Section 2. Amend § 4204A, Title II, Delaware Code by deleting said section in its entirety and inserting in lieu thereof the following:

"(a) When a child who has reached his or her 16th birthday is sentenced in Superior Court such sentence shall be served with the Department of Correction.

(b) When a child who has not reached his or her 16th birthday, is sentenced in Superior Court to a period of incarceration, such sentence shall initially be served in a juvenile facility upon imposition of the sentence and such child shall remain in the custody of or. be transferred forthwith to, the Division of Youth Rehabilitative Services until the child's 16th birthday, at which time, such child shall he transferred forthwith to the Department of Correction to serve the remaining portion of said sentence."

Section 3. Amend § 2103A and § 4204A, Title II, Delaware Code, by providing that said sections shall be effective until August 31, 1998, at which time they shall automatically expire and cease to be effective.

Section 4. Sections 3 and 4 of this Act shall be effective upon enactment and the remaining sections shall be effective August 31, 1998.

Approved July 31, 1996