This Act expands the Juvenile Civil Citation Program to provide law enforcement officers with the discretion to refer any first-time juvenile offender engaged in any misdemeanor-level behavior to the civil citation program, where the juvenile can be required to participate in counseling, treatment, community service, or any other appropriate intervention. A juvenile who successfully completes the requirements of the civil citation program will not have an arrest or prosecution indicated on their record. Under the current law, officers may make referrals to the civil citation program for only very limited types of misdemeanor offenses. The Act will also allow a second referral to the civil citation program if 1 year has passed since the first referral and the second offense is not for the same misdemeanor. Under current law, a juvenile is not eligible for a second referral until 18 months have passed since the first referral. This Act will also provide access to the Delaware Criminal Justice information System to the civil citation community provider to enable the provider to properly assess referred juveniles. This program provides an alternative to arrest and adjudication, thus avoiding the collateral consequences associated with a criminal record while still allowing the system to compel the juvenile and the juvenile’s family to seek and participate in appropriate services to address root causes of delinquent behavior. The expansion of the civil citation program under this Act is consistent with the mission of the juvenile justice system, which is the rehabilitation and treatment of juveniles, not punishment. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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This bill establishes a 20 year retirement for correction officers and specified peace officers. The bill amends the multiplier for calculation of state employee pension benefits for correction officers and specified peace officers from either 1.85%, 2.0% or 2.45% to a uniform 2.5% for the first 20 years, plus 3.5% for years beyond 20 years. The increased multipliers reflect increased costs, reduced benefits and the need to recruit and retain qualified and competent correction officers and specified peace officers with a modernized pension benefit. In addition, this bill amends the employee contribution for all correction officers and specified peace officers to a uniform 7%. Specified peace officers means (1) Probation and parole officers employed by the Department of Correction; (2) Capitol Police officers; (3) Department of Natural Resources police officers; (4) University of Delaware Police; (5) State Fire Marshal officers; (6) Division of Alcohol and Tobacco Enforcement agents; (7) Justice of the Peace Court constables; and (8) Probation and parole officers in the Serious Juvenile Offender Unit and senior probation officers employed by the Division of Services for Children, Youth, and their Families.
Individuals who are released from prison face many hurdles as they re-enter the community, including difficulty obtaining identification documents. Lacking identification imposes additional hurdles as these individuals attempt to find housing and employment. This Act requires the Department of Correction to provide individuals who are being released from the custody of the Department of Correction ("DOC"), after 6 months of incarceration following conviction, with a Delaware Personal Credential Card ("Personal Credential"). An individual may present the Personal Credential to receive one free certified copy of the individual's birth certificate and one identification card or driver's license, if otherwise eligible to receive those documents. This Act builds on the pilot that has been in place since 2012, when the DOC partnered with the Division of Motor Vehicles and the Department of Health and Social Services to obtain identification for individuals who volunteer to participate in the I-ADAPT re-entry program. Currently, individuals in I-ADAPT receive a Prisoner Re-Entry card, valid for 1 year, that can be used to obtain to obtain a free copy of their birth certificate, if they were born in Delaware, and a free identification card, if otherwise eligible to receive one.
This Substitute Act does all of the following: (1) Expresses the General Assembly's and Governor's opposition to the 2019-2024 National Outer Continental Shelf Oil and Gas Leasing Draft Proposed Program ("Draft Proposed Program"). (2) Requests the Department of Justice review the Draft Proposed Program, and any other actions taken by the Secretary of the U.S. Department of the Interior targeted at approving an oil and gas leasing program, and take any appropriate legal steps to prevent the sale of oil and gas leases off the coast of the State of Delaware. (3) Directs the Department and the Coastal Zone Industrial Control Board to enforce compliance with the Coastal Zone Act. (4) Directs the Department to review Delaware law to ensure these laws properly reflect Delaware's environmental policy objectives for purposes of their use in the consistency review process under the Coastal Zone Management Act. (5) Directs the Department to report to the Chair of the Senate Environmental, Natural Resources, and Energy Committee and the Chair of the House Natural Resources Committee any legislative changes that are identified as necessary. This Substitute Act differs from the original Act in that it replaces Section 2 and 3 of the original Act with a new Section 2 that provides the Department of Justice with more flexibility to prevent the sale of oil and gas leases off Delaware’s coast.
This Act prohibits drilling for oil or natural gas in Delaware’s coastal zone and territorial waters and precludes DNREC from issuing any permits in connection with the development of offshore drilling infrastructure, whether proposed for Delaware territorial waters or waters outside of the State.
The Department of Corrections sometimes has difficulty tracking sex offenders coming out of prison because overly restrictive local ordinances can severely restrict the availability of appropriate housing. Homeless sex offenders are less likely to comply with registration requirements and are less able to access required treatment and comply with other supervision conditions. This may contribute to recidivism and detract from public safety. This bill restricts the power of municipalities to impose broader residency and proximity restrictions on sex offenders than those that apply under state law. Specifically, 11 Del. C. 112, prohibits sex offenders from residing or loitering within 500 feet of school property.
This Act requires that feminine hygiene products be provided free of charge to individuals in custody at facilities operated by the Department of Correction and facilities operated by the Department of Services for Children, Youth and Their Families. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act encourages prescribers and patients to use proven non-opioid methods of treating back pain by doing the following: 1. Prohibits numerical limits on physical therapy and chiropractic care, which might deter prescribers or patients from using those treatments rather than opioids. 2. Adds continuing education requirements for prescribers relating to risks of opioids and alternatives to opioids. 3. Creates a pilot program within the state employee health care plan that allows the use of massage therapy, acupuncture, and yoga for the treatment of back pain.
House Substitute No. 1 for House Bill 440 differs from House Bill 440 only in that it locates the Overdose System of Care and the Overdose System of Care Committee in Chapter 97 of Title 16 instead of in Chapter 10 of Title 16. House Substitute No. 1 for House Bill 440 establishes an overdose system of care to improve care, treatment, and survival of the overdose patient in State of Delaware. This Act allows the Secretary of the Department of Health and Social Services to establish stabilization centers that can receive overdose patients from Emergency Medical Services and designate acute health care facilities, freestanding emergency departments, and hospitals that meet established requirements as an overdose system of care centers. This Act also establishes a standing Overdose System of Care Committee to assist in the oversight of the overdose system of care and provide recommendations for its implementation and maintenance.
This Act establishes the High Needs Educator Student Loan Payment Program. The Program allows qualified applicants to apply for a payment from the State to the applicant’s lending agency, to pay a portion of the applicant’s student loan debt. The purpose of the Program is to encourage Educators to work and remain working in certification areas in which Delaware has a shortage and to encourage Educators to work and remain working in Delaware’s hardest-to-staff Schools. The amount of the award shall be no less than $1000 and no more than $2000. This substitute redesignates the chapter where this language will be placed in the code.