Found 14 matches.
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Report on the Evaluation of Judicially Led Responses to Eliminate School Pathways to the Juvenile Justice System
Tags: California | Colorado | Connecticut | Delaware | Florida | Georgia | Indiana | Kentucky | Massachusetts | Maryland | Michigan | North Carolina | New Mexico | Tennessee | School-to-Prison Pipeline | Reports | Research
Report on judicially-led collaboratives to reduce stringent school discipline and referrals of youth to juvenile courts for school-based behaviors. Discusses findings and some lessons learned. (Copyright 2015, released in June 2016.)
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Delaware H.B. 182 Full Text
Tags: Delaware | Sex Offender Registries | Legislation
Delaware's H.B. 182 revises the previous policy of mandatory, automatic registration for youth convicted of sexual offenses, giving discretion to Family Court on a case-by-case basis.
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Delaware Gives Courts Discretion Over Placement of Certain Youth on Sex Offender Registry, H.B. 182/Act No. 123
Tags: Delaware | Sex Offender Registries | Legislation
Delaware passed legislation that amends the automatic and mandatory registration of youth who are convicted of sex offenses. Delaware Family Court now has discretion to determine whether it is appropriate to place on the sex offender registry a child under the age of 14 who is adjudicated of a sex offense, or a youth between the ages of 14-17 who is adjudicated of a non-violent sex offense where the victim is not age five or younger. Family Court must hold a hearing to review potential risk factors, the nature and circumstances of the offense, victim impact, a comprehensive evaluation of the youth, treatment recommendations, a risk assessment, the likelihood of rehabilitation, and the adverse impacts of placing the youth on the public registry. The law also allows youth who are placed on the registry to apply for removal after two years from the date of adjudication or upon completion of treatment, whichever comes first. The law applies retroactively. The state public defender’s office has anecdotally reported that since the law’s passage, courts have been receptive to keeping youth off of registries. H.B. 182/Act No. 123, signed into law July 18, 2013; effective October 18, 2013.
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Delaware Eliminates Fee for Electronic Monitoring of Youth Convicted of Certain Sex Offenses, H.B. 80/Act No. 58
Tags: Delaware | Community-Based Alternatives and Supervision | Legislation
Delaware passed legislation that removes a requirement that youth registered for more serious sex offenses pay the $240 per month cost of their electronic monitoring system. The law also forgives any outstanding balances for youth who were required to pay for their electronic monitoring system before the passage of this bill. Electronic monitoring of these youth had been the only case where youth on juvenile probation (or their families) were required to pay for treatment or support interventions. H.B. 80/Act No. 58, signed into law June 27, 2013; effective August 1, 2013.
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Delaware Eliminates Juvenile Life Without Parole, S.B. 9/Act No. 37
Tags: Delaware | Juvenile Defense and Court Process | Life Without Parole and Parole Issues | Youth in the Adult System | Court Decisions and Related Documents | Legislation
Delaware modified its juvenile sentencing laws in order to bring them into compliance with the Miller v. Alabama U.S. Supreme Court decision. The law eliminates the sentence of juvenile life without parole and replaces it with a sentence of 25 years to life for convictions of first degree murder. The law allows anyone sentenced to more than 20 years in adult prison as a juvenile to petition for sentence modification. Such reviews must take place no later than 30 years into a sentence for first degree murder convictions and after 20 years for all other cases. The bill applies retroactively, applying to anyone serving a life without parole sentence for an offense committed before he or she turned 18. S.B. 9/Act No. 37, signed into law and effective June 4, 2013.
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Schools Gain Discretion in Reporting Minor Offenses, H.B. 243/Act No. 404
Tags: Delaware | School-to-Prison Pipeline | Legislation
Delaware updated its school code to give schools discretion to handle minor offenses without mandatory reporting to law enforcement (serious offenses must still be reported). Prior to the law, schools were required to report all offenses, no matter how minor. The law also requires that all relevant special education and disciplinary records for students with disabilities be sent to law enforcement to ensure informed charging decisions. H.B. 243/Act No. 404, signed into law and effective August 16, 2012.
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Delaware Takes Steps to Ensure Competency of Youth, H.B. 253/Act No. 241
Tags: Delaware | Juvenile Defense and Court Process | Mental Health and Substance Abuse | Legislation
Delaware established procedures to ensure competency of youth to stand trial in family court. The law allows any party or the court itself to raise a concern as to whether a youth is competent to proceed at trial, and requires that the youth be examined by at least one mental disability expert if the court determines the youth’s competence to be an issue. The evaluator must submit a report to the court that addresses the youth’s ability to understand the nature of the proceedings, give evidence, and instruct counsel on his or her own behalf; notes any mental illnesses, disabilities, or chronological immaturities; and specifies any conditions that would prevent competency from improving with treatment. The law prohibits statements made by a youth during the competency evaluation from being later admitted as evidence at trial. If the court finds the youth not to be competent, it must provide services or treatment to restore competency. If the youth does not become competent to stand trial, the law outlines timelines for dismissal of the charges, depending on their severity. H.B. 253/Act No. 241, signed into law and effective May 21, 2012.
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The Case for Modifying Juvenile Sex Offender Registry Requirements in Delaware
Tags: Delaware | Sex Offender Registries | Member Publications
Reviews research on what works with juvenile sex offenders and Delaware law governing sex offenses, and argues that registration requirements be modified under H.B. 137.
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Delaware Allows for Expungement of Juvenile Records, H.B. 177
Tags: Delaware | Collateral Consequences | Confidentiality | Legislation
Finding that “juvenile arrest records are a hindrance to a person’s present and future ability to obtain employment, obtain an education, or to obtain credit,” the Delaware General Assembly passed a law that requires juvenile arrest and delinquency records to be expunged in specific situations.
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Delaware Schools No Longer Required to Refer Students Between Ages Nine and 12 to Police for Certain Misdemeanors, H.B. 347
Tags: Delaware | School-to-Prison Pipeline | Legislation
Based on recommendations from the School Discipline Task Force established by the legislature in 2009, school officials no longer have a mandatory obligation to report to the police specific misdemeanor offenses (Assault in the 3rd Degree, Unlawful Sexual Contact in the 3rd Degree, Offensive Touching and Terroristic Threatening) committed by students over the age of nine. The act raises the age of such reporting requirements to 12.
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Delaware School Discipline Task Force Final Report, January 2010
Tags: Delaware | School-to-Prison Pipeline | Reports
The legislature established a school discipline task force in June of 2009 to investigate the state’s zero tolerance policy on school infractions and make recommendations on how to improve laws, regulations, and school district policies. The task force’s January 2010 report recommends that the Department of Education develop common legal definitions of student offenses leading to alternative placement, and common due process procedures for alternative placement meetings and expulsion hearings. The report also recommends that school districts develop plans to reduce discipline referrals and suspensions, and implement professional development training for teachers and school staff.
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Delaware Modifies and Investigates School Zero Tolerance Policies, H.B. 120
Tags: Delaware | School-to-Prison Pipeline | Legislation
The Delaware General Assembly passed a bill allowing school boards to modify the terms of expulsions, or to determine that an expulsion is not appropriate. The law recognizes that zero tolerance policies have led to “arbitrary and unfair” expulsions, and that such policies have not been found to improve school safety.
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Delaware Establishes School Discipline Task Force, H.R. 22
Tags: Delaware | School-to-Prison Pipeline | Legislation
The legislature established a school discipline task force in June of 2009 to investigate the state’s zero tolerance policy on school infractions and make recommendations on how to improve laws, regulations, and school district policies.
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Delaware Limits Automatic Transfer, Delaware, S.B. 200
Tags: Delaware | Youth in the Adult System | Legislation
Limits the conditions under which youth can be automatically transferred to adult court. It also limits the situations in which youth being charged with Robbery One can be automatically transferred to Superior Court.