United States Supreme Court case law and scientific research has changed how we think about juvenile delinquency. We know now that an adolescent’s brain is not fully developed until the mid-twenties which makes juveniles especially prone to poor decision-making. In the landmark case of Miller v. Alabama, in which the United States Supreme Court prohibited mandatory life sentences without parole for juveniles on the rationale that children are inherently different than adults, the Court relied not only scientific research but on common sense and what any parent knows: kids will be kids. Children in Delaware have minimum ages set for many things: getting a driver’s license, enlisting in the military, applying for a loan or opening a credit card, using a tanning bed, drinking alcohol, and buying tickets to an R-rated movie. This legislation sets a minimum age at which a child may be prosecuted, except for the most extreme offenses. This Bill prohibits the prosecution of children under the age of 12. It also bars the transfer of juvenile prosecution to the Superior Court unless the child is aged 16 or older. The exception to the prohibition on prosecuting children under 12 and transfer to Superior Court for children under 16, is only for the most serious of charges: murder in the first degree, murder in the second degree, rape in the first and rape in the second degree. However, the bill allows for the prosecution of children under 12 for title 11 violent felonies and misdemeanor crimes of violence until January 1, 2021, when prosecution of such children will expire and thereafter children under the age of 12 who are suspected of committing a Title 11 violent felony or misdemeanor violent felony will be referred to the Juvenile Offender Civil Citation Program.
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This Act clarifies that the Department of Services for Children, Youth and Their Families (DSCYF) has exclusive jurisdiction over a juvenile's care, custody, and control for any juvenile until at least their 18th birthday. Further, this Act stipulates that juveniles found guilty and sentenced to a Superior Court offense shall remain in the custody, care, and control of DSCYF until they turn 18. Youth with Superior Court terms of confinement which extend beyond their 18th birthday shall be transferred to the custody of the Department of Correction for the remainder of their sentence after they turn 18. This Act also clarifies that Family Court is permitted to retain jurisdiction in some cases and Family Court may require DSCYF to provide services and supervision for non-incarcerated persons aged 18-21. Finally, the Act allows individuals charged in in Family Court before they turn 18 to be held by DSCYF until they turn 19.
Thirty-three states and the District of Columbia have established a process for compensating individuals who have been wrongly convicted. This Act creates such a process for Delaware.
This resolution proclaims June 19, 2019 as Juneteenth Independence Day in Delaware and encourages the people of Delaware to reflect upon the significant roles and many contributions of African Americans and to celebrate this day with appropriate activities and events.
The Joint Legislative Oversight and Sunset Committee ("JLOSC") reviewed the Division for the Visually Impaired ("DVI") in 2019. As a result of that review, 31 recommendations for changes affecting DVI were presented for JLOSC's consideration. JLOSC determined that, to properly consider and decide whether to adopt 28 of the recommendations, a task force should be created to research, discuss, and report back to JLOSC its findings on the implementation of the 28 recommendations. JLOSC decided to form the task force through a simple resolution. This Resolution establishes the Joint Legislative Oversight and Sunset Committee Task Force (“Task Force”) on the Division for the Visually Impaired. In addition to the 9 members of the Task Force, several consultants are also named, either individually or by organization, to share their expertise with the Task Force. The Task Force must hold its first meeting by August 15, 2019, and submit a final report of its findings and recommendations to JLOSC by January 3, 2020. The Task force will not approve the implementation of a recommendation or authorize or require a change in any statute, policy, or practice. The Task Force is designed, authorized, and limited to do only the following: - Research the background of and relevant information relating to JLOSC’s Recommendations 2 through 29. - Discuss the merits and concerns of each recommendation. - Report back to JLOSC on what the Task Force found in its research and discussions. Consultants are specified to ensure their participation in the Task Force, while the number of members is kept limited in the interest of meeting quorum and scheduling requirements more easily.
The Joint Legislative Oversight and Sunset Committee ("JLOSC") reviewed the Delaware Health Information Network (“DHIN") in 2019. As a result of that review, 4 recommendations relating to statutory changes to DHIN’s govnering statute were presented for JLOSC's consideration. JLOSC determined that a task force should be created to research, discuss, and report back to JLOSC its findings on the implementation of 3 of the 4 recommendations. JLOSC decided to form the task force through a simple resolution. This Resolution establishes the Joint Legislative Oversight and Sunset Committee Task Force on the Delaware Health Information Network (“DHIN”). In addition to the 11 members of the Task Force, several consultants are also named, to share their expertise with the Task Force. The Task Force must hold its first meeting by August 31, 2019, and submit a final report of its findings and recommendations to JLOSC by January 10, 2020. The Task force will not approve the implementation of a recommendation or authorize or require a change in any statute, policy, or practice. The Task Force is designed, authorized, and limited to do only the following: - Research the background of and relevant information relating to JLOSC’s Recommendations 2, 4, and 6. - Discuss the merits and concerns of each recommendation. - Report back to JLOSC on what the Task Force found in its research and discussions. Consultants are specified to ensure their participation in the Task Force, while the number of members is kept limited in the interest of meeting quorum and scheduling requirements more easily.
Since 1996, students across Delaware have participated in school choice. Currently, reorganized school districts, vocational technical school districts, and charter schools do not follow the same processes thus causing confusion and barriers for families seeking to access choice for their children. This Act aims to streamline the school choice process, making it easier and clearer for parents, guardians, and school administrators to navigate. This Act requires reorganized school districts, vocational-technical school districts, and charter schools to use a standard online application receipt and processing tool approved by the Department that is offered at no charge. It also clarifies that the application deadlines apply to all students, regardless of age or school. Additionally, it will prohibit schools from asking for additional information that does not directly pertain to an enrollment or program criterion. The bill will make the timing uniform for the ranked waitlist process. It aligns the sibling preference across all school types and eliminates the separate charter school April 1st enrollment requirement of 80% and moving to May 1st to allow for parents to make a final, informed decision. Under this bill, in the event of a mid-year termination of a pupil’s enrollment, the sending reorganized school district, vocational-technical school district, or charter school and the receiving reorganized school district, vocational-technical school district, or charter school shall enter into an agreement providing for the pro-ration of student funding based on a formula prescribed by the DDOE.
This Act is intended to promote, maintain, and bolster the public’s confidence in the integrity of State government, particularly as it relates to the employment of former members of the General Assembly within State government. This Act achieves this goal by prohibiting a former member of the General Assembly from being appointed to or employed in a position in a State agency for 1 year after the former member’s final term of office if either of the following applies: (1) The position was created during the former member’s final term of office. (2) The compensation for the position was increased, other than by an appropriation by the General Assembly that applies to all similarly situated State employees, during the former member’s term of office and the former member did not hold the position during the former member’s term of office. Existing law provides that a former member who knowingly or wilfully violates this Act is guilty of a misdemeanor and may be punished by imprisonment of not more than 1 year and by a fine not to exceed $10,000.
This Concurrent Resolution designates May 2019 as “ALS Awareness Month” in Delaware.
This bill increases the minimum wage to be paid in this State beginning in 2020.