Delaware § 5152 Commitment by courts

Delaware Statutes

§ 5152 — Commitment by courts

Delaware·Title 16·Part Mental Health·Ch. 51 THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES·Subch. Persons With Criminally Mental Conditions

(a)All persons with criminally mental conditions who are adults shall be admitted to the department for persons with criminally mental conditions at the Delaware Psychiatric Center for evaluation and/or treatment when committed by any court of this State having jurisdiction over the persons committed.

(b)All criminally inclined juveniles amenable to the processes of Family Court shall be committed to treatment programs for criminally inclined juveniles established by the Department of Services for Children, Youth and Their Families when committed by any court of this State having jurisdiction over the persons committed.

(c)Jurisdiction to order and review commitments under this subchapter is conferred upon any court:

(1)Which presides over any active matter in which the person with

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(a) All persons with criminally mental conditions who are adults shall be admitted to the department for persons with criminally mental conditions at the Delaware Psychiatric Center for evaluation and/or treatment when committed by any court of this State having jurisdiction over the persons committed.

(b) All criminally inclined juveniles amenable to the processes of Family Court shall be committed to treatment programs for criminally inclined juveniles established by the Department of Services for Children, Youth and Their Families when committed by any court of this State having jurisdiction over the persons committed.

(c) Jurisdiction to order and review commitments under this subchapter is conferred upon any court:

(1) Which presides over any active matter in which the person with a criminally mental condition is a defendant or respondent; or

(2) Which entered the most recent sentencing order regarding the person with a criminally mental condition.

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Legislative History

Code 1935, c. 76; 46 Del. Laws, c. 190, § 2 ; 16 Del. C. 1953, § 5152; 49 Del. Laws, c. 57, § 1 ; 66 Del. Laws, c. 424, § 10 ; 70 Del. Laws, c. 550, § 1 ; 76 Del. Laws, c. 322, §§ 9-12 ; 78 Del. Laws, c. 179, §§ 192-196