Delaware
Contact Information
The Delaware Center for Justice supports policies and practices that are fair, equitable and developmentally appropriate for youth involved in or at risk of becoming involved in the justice system.
Primary Contact Name: David Bever
Position: Executive Director
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Phone: 302-658-7174, ext. 20
Website: http://www.dcjustice.org/
Twitter: @SURJatDCJ
Legislation
Bill Number: HB 339
Type of Reform
Detention Reform - Legislation raises the minimum age that youth is statutorily excluded from juvenile court for possession of a firearm during the commission of a felony from 15 to 16. Provides that 16 and 17-year-olds shall be tried as an adult for a firearm offense only following an evidentiary hearing where the Superior Court finds proof positive or presumption great that the accused used, displayed, or discharged a firearm. The Attorney General may elect to proceed in Family Court.
Year: 2018
Bill Number: HB 470
Type of Reform
Transfer Reform - Permitted the Superior Court to conduct an evidentiary hearing, upon motion from the Department of Services for Children, Youth & Their Families, before placing a child 16 years of age or older, in a secure detention facility pending trial. The purpose of the hearing is for the Court to determine whether the child should be placed in a facility not operated by the Department because either the Department’s facilities are at or beyond capacity or the child is deemed to be a risk to self or to other children held in secure detention facilities operated by the Department. If the Court orders the child transferred solely because the Department’s facilities are at or beyond capacity, the Court shall require the Department to transfer the child as soon as the capacity level is below capacity and to provide at least weekly updates on the capacity to the Court and no child may be held in a facility for adults for longer than 60 days. A child may also be transferred if the Court finds clear and convincing evidence that the child is a danger to self or other youth and the child’s needs would be better served at a facility not operated by the Department. This bill contained a sunset provision two years from the effective date.
Year: 2018
Bill Number: HB 306
Type of Reform
Raise the Floor and Reverse Waiver - Raised the minimum age of automatic transfer on a firearm offense from 15-years-old to 16-year-old. Provided that 16 and 17-year-olds shall be tried as an adult for a firearm offense only following an evidentiary hearing where the Superior Court finds proof positive or presumption great that the accused used, displayed, or discharged a firearm. The Attorney General may elect to proceed in Family Court.
Year: 2018
Bill Number: HB 9
Type of Reform
Reverse Waiver Reform - Limited the offenses that are ineligible for a reverse waiver to juvenile court to firearm offenses.
Year: 2017
Bill Number: SB 200
Type of Reform
Transfer Reform - Limited the number of youth automatically transferred to adult court for robbery charges. Now, charge must include a weapon or significant injury.
Year: 2005