Delaware § 5108 Power to discharge or release

Delaware Statutes

§ 5108 — Power to discharge or release

Delaware·Title 31·Part Services and Facilities for Youth Adjudicated Delinquent or Criminally Prosecuted·Ch. 51 Services for Justice-Involved Youth

(a)Except as to a delinquent child committed for a mandatory period pursuant to § 1009(e) [repealed] of Title 10, the Department may at its discretion discharge finally any juvenile committed to its custody if the Department shall determine:

(1)Such discharge is in the best interests of the juvenile; and

(2)That the juvenile does not pose a probable threat to property or person; provided, that a certificate of discharge, setting forth grounds establishing compliance with these conditions of release, shall be provided 10 calendar days prior to the date of release to the Judge of Family Court who originally signed the commitment order, or, in such judge’s absence, to the Chief Judge of said Court.

(b)No person shall be retained in the legal custody of the Department beyond that person

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(a) Except as to a delinquent child committed for a mandatory period pursuant to § 1009(e) [repealed] of Title 10, the Department may at its discretion discharge finally any juvenile committed to its custody if the Department shall determine:

(1) Such discharge is in the best interests of the juvenile; and

(2) That the juvenile does not pose a probable threat to property or person; provided, that a certificate of discharge, setting forth grounds establishing compliance with these conditions of release, shall be provided 10 calendar days prior to the date of release to the Judge of Family Court who originally signed the commitment order, or, in such judge’s absence, to the Chief Judge of said Court.

(b) No person shall be retained in the legal custody of the Department beyond that person's 18th birthday; provided, however, that any delinquent child who is 17 years of age or older but less than 18 years of age who has been committed to the custody of the Department may remain in said custody for 1 full year; provided further, that any delinquent child who is committed to the custody of the Department for a mandatory period pursuant to § 1009(e) [repealed] of Title 10 shall be transferred into or retained in the custody of a facility established pursuant to § 6526 of Title 11 for youthful offenders upon reaching the age of 18 where the youthful offender shall remain until the completion of the mandatory period of custody; provided further, that any child who is charged with an act of delinquency prior to reaching 18 years but becomes 18 years of age prior to disposition on the charge may be committed to the custody of the Department until the child’s nineteenth birthday.

(c) No child committed to the custody of the Department under § 1009(e) [repealed] of Title 10 shall be released on pass or on extended leave for any purpose except in accordance with the procedure set forth in subsection (a) of this section. Upon receipt of notification that the Department intends to extend such privileges to a child so committed, the Court may deny, or may impose such reasonable terms and conditions as it deems necessary, upon said temporary release.

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Legislative History

31 Del. C. 1953, § 5122; 51 Del. Laws, c. 274, § 2 ; 52 Del. Laws, c. 80, § 6 ; 60 Del. Laws, c. 142, § 1 ; 60 Del. Laws, c. 657, § 5 ; 61 Del. Laws, c. 377, § 2 ; 70 Del. Laws, c. 186, § 1 ; 81 Del. Laws, c. 253, § 1