CHAPTER 149

FORMERLY

SENATE BILL NO. 141

AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE RESPONSIBILITIES AND DUTIES FOR ALL ASPECTS OF CUSTODY, INCLUDING TREATMENT AND EVALUATION, OF YOUTH OFFENDERS WHO ARE LAWFULLY SENTENCED AS ADULTS OR WHO ARE LAWFULLY TRANSFERRED TO DEPARTMENT OF CORRECTION.

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

Section 1. Amend Section 2103A, Title 11, Delaware Code by adding the following at the end of the current section:

“When a child (youth) has been lawfully administratively remanded or transferred to the Department of Correction (“DOC”), DOC shall be exclusively responsible for all aspects of the child’s (youth’s) care, custody and control, including services associated with those responsibilities upon such remand and transfer. The Department of Services for Children, Youth and Their Families (“DSCYF”) shall have no authority or jurisdiction of such child (youth).”

Section 2 Amend Section 4204A, Title 11, Delaware Code by adding the following subsection (c) at the end of the current section:

“(c) When a child (youth) has been lawfully sentenced in Superior Court or has been lawfully transferred to the Department of Correction (“DOC”), DOC shall be exclusively responsible for all aspects of the child’s (youth’s) care, custody and control, including services associated with those responsibilities. The Department of Correction, and not the Department of Services for Children, Youth and Their Families shall have authority or jurisdiction of such child (youth).”

Approved July 12,1999