Delaware Senate Bill 264 (Prior Session Legislation)

---

Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on July 12 2010 - 100% progression
Action: 2010-07-12 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]

For nearly 8 years Delaware has been involved in a collaborative effort among juvenile justice agencies to, among other goals, reduce the unwarranted detention of juveniles and provide meaningful alternatives to such detention. While the Juvenile Justice Collaborative has made significant strides in that effort, experience has shown that the current provisions of 10 Del. C. 1007 do not adequately meet the circumstances faced by those courts dealing with juvenile detention decisions. Situations such as violent misdemeanors-especially against parents, guardians and non-secure facility staff; escape from non-secure detention; intimidation of witnesses; and breaches of conditional release involving additional alleged delinquent acts have proven difficult to handle where secure detention is not a possible option. While this Bill would expand the list of possible acts for which a child could be detained in a secure facility, it provides significant safeguards against abuse of detention on these grounds. This Bill also requires that all other less restrictive options must be examined and considered before imposing secured detention, as is required by current law. The Bill further requires judges to put in writing any decision to use secure detention that overrides a presumptive analysis in a Risk Assessment Instrument calling for release or non-secure detention. Decisions by a Justice of the Peace to securely detain a juvenile are reviewed the next day Family Court is in session, an additional review must occur 14 days after detention and further review hearings must be held every 30 days thereafter. This Bill is the product of the joint effort of the agencies of the Juvenile Justice Collaborative.

An Act To Amend Title 10 Of The Delaware Code Relating To Disposition Of Children Pending Adjudication And Payment For Care.

Rep. Michael Barbieri [D]	Sen. Patricia Blevins [D]	Sen. Brian Bushweller [D]	Sen. Dorinda Connor [R]
Rep. George [?]	Rep. James Johnson [D]	Rep. Clifford Lee [R]	Sen. Harris McDowell [D]
Sen. Gary Simpson [R]	Sen. David Wilson [R]

2010-06-23 - House - House Third Reading (Y: 37 N: 0 NV: 0 Abs: 4) [PASS]
2010-06-09 - Senate - Senate Third Reading (Y: 21 N: 0 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2010-07-12		Signed by Governor
2010-06-23		Passed by House of Representatives. Votes: Passed 37 YES 0 NO 0 NOT VOTING 4 ABSENT 0 VACANT
2010-06-16		Reported Out of Committee (JUDICIARY) in House with 6 On Its Merits
2010-06-10		Introduced and Assigned to Judiciary Committee in House
2010-06-09		Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2010-06-09		Amendment SA 1 - Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2010-06-09		Amendment SA 1 - Introduced in Senate
2010-06-02		Reported Out of Committee (JUDICIARY) in Senate with 5 On Its Merits
2010-05-11		Assigned to Judiciary Committee in Senate

Type	Source
Summary	http://legis.delaware.gov/LIS/lis145.nsf/2bede841c6272c888025698400433a04/af4d8fdb1a3e9cb385257714004ed61e?OpenDocument
Text	http://legis.delaware.gov/LIS/lis145.nsf/vwLegislation/SB+264/$file/legis.html?open
Roll Call	http://legis.delaware.gov/LIS/lis145.nsf/7712cf7cc0e9227a852568470077336f/0bb59dee1c52dd168525773d00795cb4?OpenDocument
Roll Call	http://legis.delaware.gov/LIS/lis145.nsf/7712cf7cc0e9227a852568470077336f/469546297077d9ee8525774b007c91a5?OpenDocument