Delaware Code Title 16 Sec. 5152 – Commitment by courts
(a) All persons with criminally mental conditions who are adults shall be admitted to the department for persons with criminally mental conditions at the Delaware Psychiatric Center for evaluation and/or treatment when committed by any court of this State having jurisdiction over the persons committed.
Terms Used In Delaware Code Title 16 Sec. 5152
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Health and Social Services except that Department means the Department of Services for Children, Youth and Their Families in the context of a treatment facility serving minors. See Delaware Code Title 16 Sec. 5181
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mental condition: means a mental disorder as defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders. See Delaware Code Title 16 Sec. 5181
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) All criminally inclined juveniles amenable to the processes of Family Court 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.
(c) Jurisdiction to order and review commitments under this subchapter is conferred upon any court:
(1) Which presides over any active matter in which the person with a criminally mental condition is a defendant or respondent; or
(2) Which entered the most recent sentencing order regarding the person with a criminally mental condition.
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; 76 Del. Laws, c. 322, §§ ?9-12; 78 Del. Laws, c. 179, §§ ?192-196;