Bill Text: DE HB62 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 10 Of The Delaware Code Relating To The Family Court Drug Court Program.
Spectrum: Moderate Partisan Bill (Democrat 10-2)
Status: (Introduced - Dead) 2015-04-01 - Reported Out of Committee (JUDICIARY) in House with 3 Favorable, 4 On Its Merits [HB62 Detail]
Download: Delaware-2015-HB62-Draft.html
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SPONSOR: |
Rep. Mulrooney & Sen. Henry |
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Reps. Barbieri, Bolden, Briggs King, J. Johnson, Keeley, Lynn, Matthews, Paradee; Sen. Townsend |
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HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
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HOUSE BILL NO. 62 |
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AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE FAMILY COURT DRUG COURT PROGRAM. |
Section 1.Amend Subchapter III, Title 10 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strikethrough as follows:
§ 1009.Adjudication; disposition following adjudication; commitment to custody of the Department of Services for Children, Youth and Their Families; effect.
(c) Following an adjudication in which the Court declares that a child is delinquent, it may:
(16) Following
an adjudication acceptance of a plea of delinquency wherein which the Court declares that orders
a child is delinquent and sentences the child to participate in the
Family Court Adjudicated Drug Court Program, the Court may impose such
conditions upon the parent, guardian or custodian of the child person
adjudicated as the Court deems necessary to assist the person
adjudicated child in receiving all the treatment, rehabilitation or
care ordered by the Court as best serving the needs of the child and society
under this section or, in the opinion of the Court, as will enhance the ability
of such parent, guardian or custodian in providing the child with adequate
support, guidance and supervision necessary to meet the child's physical,
mental or emotional health and well-being, provided that such parent, guardian
or custodian has been previously served by summons in accordance with §1006 of
this title;
§1012.Family Court Adjudicated Drug Court
Program.
(a) A child who has
been referred to the Program by the Attorney General may qualify for the Family
Court Adjudicated Drug Court Program.
(b) At the time of
arraignment of anyA person
qualifying under subsection (a) of this section for the Family Court Adjudicated
Drug Court Program and who elects to apply under this section shall admit to
the offense by entering a plea of delinquency.Upon acceptance of the plea, The the Court shall stay
the adjudication of delinquency and order the child to participate in a substance
abuse evaluation to be conducted by the Department of Services for Children,
Youth and Their Families, and to comply with any treatment recommended by that
agency, and any other sentencing conditions deemed appropriate.
(c)The Court shall vacate the plea of delinquency and dismiss the charge or charges of any child who completes the terms and conditions of the Family Court Drug Court Program as ordered by the Court.Such dismissal shall be a final disposition of the matter and shall not be considered an adjudication or conviction for purposes of any disqualification or disability imposed by law because of a conviction or adjudication of a crime.
(d)Upon a finding of violation of a term or condition of the Program, the Court may enter a judgment of delinquency and proceed with disposition of the child as set forth in §1009 of this title.
(e)Nothing in this section shall prohibit the Family Court from also administering a specialized drug treatment program for adjudicated youth.
(c) After
the entry of a judgment of delinquency against a child participating in the
Family Court Adjudicated Drug Court Program, a judge or commissioner shall
vacate the judgment of delinquency and sentence pertaining thereto 6 months
after the Court is satisfied that the child has completed the terms and
obligations of the Family Court Adjudicated Drug Court Program and has complied
with the conditions of probation imposed at the time of adjudication.
(d) Any
child actively participating in the Family Court Adjudicated Drug Court Program
as a result of a Family Court misdemeanor adjudication may motion the Court for
permission to apply for a Level I Learner's Permit or driver's license under
the following terms.
(1) That no driving privileges, prior driver's license
and/or conditional driver's license have been otherwise revoked within the
preceding 12 months;
(2) That at least 60 days or the length of time prior
to licensure required by 23 U.S.C. §159, whichever is longer, has elapsed
since the beginning of the child's active participation in the Family Court
Adjudicated Juvenile Drug Court Program and the child has completed at least 12
hours of treatment through the drug treatment provider;
(3) In the event that the Court grants the request, and
if the child is otherwise qualified, the Division of Motor Vehicles shall grant
the child a Level I Learner's Permit or reinstate the child's driving
privileges as specified in the Court order; and
(4) Except for a Level I Learner's Permit, the Court
may restrict the driving privileges granted under this section. These
restrictions may include but are not limited to the right to drive to school,
work or to the office of a treatment provider.
(5) Notwithstanding any provision of Title 21 or Title
4 to the contrary, the adjudication of delinquency in this Program shall not
result in the revocation or suspension of a driving license or driving
privileges, but the child shall be determined "not eligible" for
licensing by the Court until the child obtains a Court order granting a motion submitted
pursuant to this Section.
SYNOPSIS
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Consistent with the pre-trial, diversionary drug court treatment programs administered by the Superior Court and Court of Common Pleas for adults, this Act changes the Family Court's Adjudicated Drug Court Program to a pre-disposition, non-adjudicated program. The bill also removes provisions relating to revocation and restoration of driving privileges since the child is no longer adjudicated delinquent and because Senate Bill No. 217 of the 147th General Assembly repealed the portion of Delaware law that required mandatory revocation of driving privileges for certain drug offenses. |
