(a)Purpose. —
The General Assembly declares that the purpose of the concurrent juvenile legislative jurisdiction established under this section is to permit the State to exercise concurrent jurisdiction with the United States when a juvenile, while under the age of 18, is alleged to have violated a federal criminal law within the boundaries of a United States military installation located within the boundaries of the State. Concurrent jurisdiction will permit prosecution by the State of a juvenile for crimes or delinquent acts the juvenile is alleged to have committed on military installations in Delaware, but only if the violation of federal law is also a crime or delinquent act under state law. This section shall also apply to the prosecution of a juvenile as an adult under §§ 921 and
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(a) Purpose. —
The General Assembly declares that the purpose of the concurrent juvenile legislative jurisdiction established under this section is to permit the State to exercise concurrent jurisdiction with the United States when a juvenile, while under the age of 18, is alleged to have violated a federal criminal law within the boundaries of a United States military installation located within the boundaries of the State. Concurrent jurisdiction will permit prosecution by the State of a juvenile for crimes or delinquent acts the juvenile is alleged to have committed on military installations in Delaware, but only if the violation of federal law is also a crime or delinquent act under state law. This section shall also apply to the prosecution of a juvenile as an adult under §§ 921 and 1010 of Title 10. Adjudication in Family Court and Superior Court and access to Delaware state juvenile resources will result in better outcomes for these juveniles than prosecution in the federal court system which lacks juvenile-focused courts and resources.
(b) Relinquishment of exclusive juvenile jurisdiction. —
(1) For purposes of this section “military installation” means a base, camp, post, station, yard, center, or homeport facility for any ship, under the jurisdiction of the Department of Defense.
(2) In accordance with 10 U.S.C. § 2683 the State hereby authorizes acceptance of relinquishment by the United States of exclusive federal jurisdiction over alleged juvenile violations of federal criminal laws occurring on the Dover Air Force Base property or on any other land, previously ceded to the United States by the State, which contains a military installation. Acceptance by the State of relinquishment of exclusive criminal juvenile legislative jurisdiction is conditioned on all the following conditions being met:
a. A duly authorized official or agent of the United States, acting under authority conferred by Congress, under 10 U.S.C. § 2683, must notify the Governor that the United States wishes to relinquish to the State exclusive juvenile legislative jurisdiction, or a portion thereof, held by the United States over the lands designated in such notice, which are within the boundaries of this State, and used by the United States as a military installation.
b. The Governor shall not accept a request under this paragraph (b)(2) unless the request contains all of the following:
1. States the name, position, and legal authority of the person requesting the cessation of exclusive juvenile legislative jurisdiction.
2. Describes by metes and bounds the United States military installation property subject to the concurrent juvenile legislative jurisdiction.
3. Indicates whether the request includes future contiguous expansions of land acquired for military purposes.
(c) Acceptance of concurrent juvenile legislative jurisdiction. —
(1) By appropriate Executive Order the Governor, in the Governor’s discretion, may fully or partially accept, on behalf of the State a request by the United States under subsection (b) of this section. If the Governor accepts the request, the Governor must send a notice of acceptance to the official or agent designated by the United States to receive such notice of acceptance. The Governor’s written acceptance must state the elements of the request that are accepted.
(2) The Governor’s Executive Order accepting concurrent juvenile legislative jurisdiction must be filed in the office of the Secretary of State and in the office of the Recorder of Deeds of the county in which the affected real estate is located. After filing and recording of the Governor’s Executive Order, the Governor shall send to the duly-authorized official or agent of the United States who requested the concurrent juvenile legislative jurisdiction, the following documents:
a. The request from the United States official or agent requesting concurrent juvenile legislative jurisdiction.
b. The Governor’s Executive Order accepting concurrent juvenile legislative jurisdiction.
c. The Governor’s written acceptance of concurrent juvenile legislative jurisdiction.
d. A description by metes and bounds of the United States military installation property subject to the concurrent juvenile legislative jurisdiction.
(d) The State does not incur or assume any liability as a result of the Governor accepting concurrent juvenile legislative jurisdiction.
(e) Upon the establishment of concurrent juvenile legislative jurisdiction under this section, any Delaware state agency or local government agency may enter into a memorandum of understanding with any federal agency for coordination and designation of responsibilities related to such concurrent juvenile legislative jurisdiction.