Delaware General Assembly

Signed 7/9/08

The General Assembly has ended, the current status is the final status.

6/17/08

Blevins

Rep. Hudson

AN ACT TO AMEND TITLES 11 AND 16 OF THE DELAWARE CODE RELATING TO THE CRIMINALLY MENTALLY ILL.

This bill reforms the method by which criminally mentally ill adults and criminally mentally ill non-amenable juveniles are treated, rehabilitated, and punished. The bill specifies that the Department of Correction shall place those non-amenable individuals under the age of 18 years who have been adjudged “guilty, but mentally ill” in a facility other than the Delaware Psychiatric Center. Additionally, this bill reforms the manner in which adult inmates housed within the Department of Correction are transferred between penological custody and custody for the evaluation and treatment of mental illness at the Delaware Psychiatric Center. The bill is designed to bring these statutes up to date and ensure that inmates receive adequate and effective Due Process regarding each aspect of the transfer process. Further, this bill aligns the authority of the Department of Correction to transfer inmates to forensic psychiatric facilities such as the Jane E. Mitchell Building at the Delaware Psychiatric Center with the processes set forth in Title 16 relating to the transfer of inmates to such facilities. Finally, this bill specifies that inmates under 18 years of age within the custody of the Department of Correction shall not be transferred to Delaware Psychiatric Center and may be transferred to other appropriate facilities. The bill also provides that non-amenable juveniles may be transferred and placed into the Delaware Psychiatric Center only upon reaching 18 years of age.

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Takes effect upon being signed into law

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