2012 Delaware Code
Title 11 - Crimes and Criminal Procedure
CHAPTER 42. CLASSIFICATION OF OFFENSES; SENTENCES
§ 4204A. Confinement of youth convicted in Superior Court.

(a) When a child who has reached that child's 16th birthday is sentenced in Superior Court such sentence shall be served with the Department of Correction.

(b) When a child who has not reached that child's 16th birthday is sentenced in Superior Court to a period of incarceration, such sentence shall initially be served in a juvenile facility upon imposition of the sentence and such child shall remain in the custody of or be transferred forthwith to the Division of Youth Rehabilitative Services until the child's 16th birthday, at which time such child shall be transferred forthwith to the Department of Correction to serve the remaining portion of said sentence.

(c) When a child (youth) has been lawfully sentenced in Superior Court or has been lawfully transferred to the Department of Correction (DOC), DOC shall be exclusively responsible for all aspects of the child's (youth's) care, custody and control, including services associated with those responsibilities. The Department of Correction, and not the Department of Services for Children, Youth and Their Families shall have authority or jurisdiction of such child (youth).

69 Del. Laws, c. 353, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 597, § 2; 71 Del. Laws, c. 5, §§ 2-4; 72 Del. Laws, c. 149, § 2.;