Bill Text: DE SB217 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To The Timing Of An Initial Hearing Before A Judge Of A Person Who Is Temporarily Incapacitated.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2010-05-14 - Signed by Governor [SB217 Detail]
Download: Delaware-2009-SB217-Draft.html
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SPONSOR: |
Sen. Blevins & Rep. Mitchell |
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Sen. Ennis & Rep. J. Johnson |
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DELAWARE STATE SENATE 145th GENERAL ASSEMBLY |
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SENATE BILL NO. 217 |
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AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE TIMING OF AN INITIAL HEARING BEFORE A JUDGE OF A PERSON WHO IS TEMPORARILY INCAPACITATED. |
Section 1.Amend Section 1909 of Title 11 of the Delaware Code by deleting that section in its entirety and inserting in lieu thereof the following:
"Section 1909.Hearing without delay; permissible delay.
(a) If not otherwise released, every person arrested shall be brought before a magistrate without unreasonable delay, and in any event the person shall, subject to the limitations contained in subsections (b) and (c) below, be so brought within 24 hours of arrest, unless the court, for good cause shown, orders that person be held for a further period not to exceed 48 hours.
(b) Persons unable to knowingly and intelligently participate in the presentment proceedings because of incapacitation as a result of the consumption of alcohol or the use of drugs may, until such time as they are able to meaningfully participate in those proceedings, be held in police custody or be temporarily committed with bail and conditions of release to the custody of the Department of Correction on order of and following a determination of incapacitation by a magistrate.This temporary holding or commitment should not exceed 12 hours from the time of commitment until presentment, unless the court, for good cause shown, orders that person be held for a further period not to exceed 24 additional hours.
(c) In cases where a person is unconscious or hospitalized as a result of accident, injury, or other incapacitation, the court may, upon request of the police agency having custody of the person, determine the need for an order to transfer custody of the patient from the arresting officer or agency to the Department of Correction.As appropriate, bail and conditions of release, as well as date of appearance for an arraignment or formal presentment of the charges shall be set.If the person becomes capable of participating in the arraignment or presentment process within this initial commitment period, such proceedings shall be held forthwith.Should the person remain unconscious and bail not be posted, the initial commitment should not exceed 72 hours.At the termination of the 72 hour period the Justice of the Peace Court shall conduct a case review on the facts and information available and bond or commit the person, with conditions of bond as appropriate, for appearance in the court with jurisdiction over further proceedings under this Code or court rule."
SYNOPSIS
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This Act codifies much of the current local practice by the police and the Justice of the Peace Court when handling defendants who are under the influence of alcohol or drugs or who have to be hospitalized at the time of arrest on serious charge and are unable to appear for presentments.For those defendants who are hospitalized, the transfer of custody provided for in this Bill allows the arresting officer to return to patrol or other public safety duties in a more timely manner, while allowing the defendant access to bail. |
Author:Senator Blevins
