2006 Delaware Code - Subchapter IV — Criminally Mentally Ill
§ 5151. Establishment of department for criminally mentally ill.
The Department shall establish at the Delaware Psychiatric Center a department for criminally mentally ill adults, and criminally inclined juveniles, regardless of their mental capacity. The department shall be established on the present grounds of the Psychiatric Center. (Code 1935, c. 76; 46 Del. Laws, c. 190, § 1; 16 Del. C. 1953, § 5151; 49 Del. Laws, c. 57, § 1; 54 Del. Laws, c. 279, § 3; 55 Del. Laws, c. 212; 70 Del. Laws, c. 550, § 1.)
(a) All criminally mentally ill adults shall be admitted to the department for the criminally insane at the Delaware Psychiatric Center when committed by any court of this State having jurisdiction over the persons committed.
(b) All criminally inclined juveniles shall be committed to treatment programs for criminally inclined juveniles established by the Department of Services for Children, Youth and Their Families when committed by any court of this State having jurisdiction over the persons committed. (Code 1935, c. 76; 46 Del. Laws, c. 190, § 2; 16 Del. C. 1953, § 5152; 49 Del. Laws, c. 57, § 1; 66 Del. Laws, c. 424, § 10; 70 Del. Laws, c. 550, § 1.)
§ 5153. Commitment from other institutions.
(a) The governing authorities of any institution of this State, to which an adult who classifies for admission under the terms of this subchapter already has been committed, may petition any court of competent jurisdiction in the State praying an order to remove an inmate of the institution to the department for criminally mentally ill at the Delaware Psychiatric Center. Upon the recommendation of the Secretary of the Department of Health and Social Services and after such hearing as the court deems proper, any court of competent jurisdiction in the State may order such criminally mentally ill adult to be committed to the Delaware Psychiatric Center for treatment in the department for the criminally insane.
(b) The governing authorities of any institution of this State, to which a juvenile classifies for admission under the terms of this subchapter already has been committed, may petition any court of competent jurisdiction in the State praying an order to remove an inmate of the institution to an appropriate juvenile facility in accordance with the regulations and policies promulgated by the Department of Services for Children, Youth and Their Families. Upon the recommendation of the Secretary of the Department of Services for Children, Youth and Their Families and after such hearing as the court deems proper, any court of competent jurisdiction in the State may order such criminally inclined juvenile to be committed to the Department of Services for Children, Youth and Their Families for treatment in an appropriate facility. (Code 1935, c. 76; 46 Del. Laws, c. 190, § 3; 16 Del. C. 1953, § 5153; 49 Del. Laws, c. 57, § 1; 57 Del. Laws, c. 591, § 25; 66 Del. Laws, c. 424, § 10; 70 Del. Laws, c. 550, § 1.)
§ 5154. Liability for cost of maintenance and care.
The expenses of the removal of a criminally mentally ill adult or a criminally inclined juvenile and of the adult's or juvenile's admission to a hospital under this subchapter, and the charges and expense for the maintenance and care at such hospital shall be paid by the institution which had charge of such case. Where such persons are committed by the proper courts otherwise than from an institution of the State, the State Treasurer shall pay such hospital for such removal, admission, maintenance and care. If any such criminally mentally ill adult or criminally inclined juvenile has any real or personal estate, the Department of Health and Social Services or the Department of Services for Children, Youth and Their Families shall have, for the expenses and charges incurred, the same remedy as is provided in § 5127 of this title. (Code 1935, c. 76; 46 Del. Laws, c. 190, § 4; 16 Del. C. 1953, § 5154; 49 Del. Laws, c. 57, § 1; 55 Del. Laws, c. 85, § 35B; 57 Del. Laws, c. 228, § 7; 66 Del. Laws, c. 424, § 10; 70 Del. Laws, c. 186, § 1.)
