reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 16 - Health and Safety › Chapter 49A. THE DELAWARE MEDICAL MARIJUANA ACT › § 4928A. Research.

§ 4928A. Research.
(a) Research for the development of well-characterized and more-defined medical marijuana products for treatment of target indications, including demonstrations of safety and efficacy for treatment of medical conditions that often fail to respond to conventional treatment, may be conducted in Delaware.
(b) Research performed under the authority of this chapter shall be conducted as follows:
(1) In a facility which meets FDA-accepted security and operational standards.
(2) Using practices and standards that ensure uniformity, consistency, reliability, reproducibility, quality, and integrity of data, including good laboratory standards (GLP) when required.
(3) On plants grown from well-characterized and well-defined seed stock.
80 Del. Laws, c. 115, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 50. INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE › § 5002. Determination of mental condition and of procedural compliance as prerequisites to involuntary hospitalization.

§ 5002. Determination of mental condition and of procedural compliance as prerequisites to involuntary hospitalization.
No person shall be involuntarily admitted to or confined as an involuntary patient at a designated psychiatric treatment or hospital, and no designated psychiatric treatment facility or hospital shall involuntarily admit or confine as an involuntary patient any person, unless such person is determined to be a person with a mental condition and found to be dangerous to self or dangerous to others in accordance with the procedures prescribed by this chapter, and unless the procedural requirements of this chapter are complied with. A person may not be admitted to or confined as an involuntary patient at a designated psychiatric treatment facility or hospital unless it is determined that such placement is the least restrictive intervention reasonably available and the person has declined voluntary treatment. No person shall be deemed “involuntarily committed” for any legal purpose until the court deems the person an “involuntarily committed” person at the conclusion of a probable cause hearing held pursuant to this chapter.
60 Del. Laws, c. 95, §  1;  78 Del. Laws, c. 179, §§  173, 174;  79 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 50. INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE › § 5005. Provisional hospitalization by psychiatrist's certification.

§ 5005. Provisional hospitalization by psychiatrist's certification.
(a) No person will be involuntarily admitted to a hospital as a patient until the person is detained for observation pursuant to the procedure set forth in § 5004 of this title. At the completion of the emergency detention period, the person shall not be admitted to a hospital except pursuant to the written certification of a psychiatrist that based upon the psychiatrist's examination of such person:
(1) Appears to be a person with a mental condition;
(2) The person has been offered voluntary inpatient treatment and has declined such care and treatment or lacks the capacity to knowingly and voluntarily consent to such care and treatment;
(3) As a result of the person's apparent mental condition, the person poses a present threat, based upon manifest indications, of being dangerous to self or dangerous to others; and
(4) Less restrictive alternatives have been considered and determined to be clinically inappropriate at the present time.
(b) The psychiatrist's certificate shall state with particularity the behavior and symptoms upon which the psychiatrist's opinion is based, shall include (where available) the name and address of the spouse or other nearest relative or person of close relationship to the alleged person with a mental condition, and shall state that such person is not willing to accept hospital care and treatment on a voluntary basis or that the person is incapable of voluntarily consenting to such care and treatment. The certificate shall also set forth the date of the psychiatrist's determination. The hospital shall thereupon advise the involuntary patient of the patient's rights under this chapter in language that is understandable to the individual. Upon completion of the psychiatrist's certificate, the individual shall be detained for an additional 48-hour period.
(c) If the examining psychiatrist at the hospital determines that the involuntary patient no longer meets the criteria for provisional admission, the psychiatrist shall so certify in writing and the hospital shall immediately discharge the person. Prior to such discharge, the hospital shall provide the person with a copy of the certificate stating that the person was not involuntarily committed for any legal purpose.
(d) If the person seeks voluntary care and treatment after being provisionally admitted under this section, the provisional admission will terminate and the person shall be voluntarily admitted to a hospital without delay.
(e) The 48-hour observation period prescribed in this section shall be referred to as “provisional admission.” An individual who is provisionally admitted pursuant to this chapter shall not be considered “involuntarily committed” for any legal purpose.
60 Del. Laws, c. 95, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 179, §  175;  79 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 50. INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE › § 5006. Duties of hospital upon provisional admission.

§ 5006. Duties of hospital upon provisional admission.
During the 48-hour period of provisional admission:
(1) The hospital shall try to evaluate the involuntary patient to assess the person's psychological and physical needs, and may provide treatment to the involuntary patient as clinically appropriate and consistent with the State's Mental Health Patients' Bill of Rights pending the involuntary patient's probable cause hearing;
(2) A psychiatrist designated by the Secretary of the Department of Services for Children, Youth and Their Families may, at any time prior to the commencement of judicial proceedings to determine the mental condition of a minor or an individual over the age of 18 who is receiving financial assistance or is in the custody of the Department, conduct an independent review of a determination that such a person is a person with a mental condition. If the psychiatrist determines that such person is not a person with a mental condition, the Department may withhold financial assistance for the diagnosis, care or treatment of such person;
(3) The hospital shall document in the patient's medical record whether or not the involuntary patient can afford counsel and an independent psychiatrist or other licensed mental health professional to serve as an expert witness on the individual's behalf.
60 Del. Laws, c. 95, §  1;  66 Del. Laws, c. 424, §§  3, 4;  68 Del. Laws, c. 310, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 179, §§  177, 178;  79 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 50. INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE › § 5007. Procedural rights of involuntary patients.

§ 5007. Procedural rights of involuntary patients.
When a designated treatment facility, hospital or outpatient treatment provider seeks to require an individual to be involuntarily hospitalized pursuant to a probable cause hearing or an involuntary inpatient commitment hearing, or seeks to have the individual placed on involuntary outpatient treatment over objection, or engage in a specific mode of treatment without the individual's consent, the individual shall be entitled:
(1) To notice, including a written statement, of the factual grounds upon which the proposed hospitalization, outpatient treatment over objection, or treatment without consent is predicated and the reasons for the necessity of such course of action.
(2) To hearings before the court and to judicial determinations of whether or not the individual satisfies the requirements for a probable cause hearing, involuntary inpatient commitment, outpatient treatment over objection, or treatment without consent pursuant to the criteria set out in the relevant sections of this chapter. Such hearings shall be without jury and not open to the public, shall be preceded by written notice to the individual, and the individual shall be entitled to be present at all such hearings.
(3) To be represented by counsel at all judicial proceedings, such counsel to be court-appointed if the individual cannot afford to retain counsel; and to be examined by an independent psychiatrist or other qualified medical expert and to have such psychiatrist or other expert testify as a witness on the individual's behalf, such witness to be court appointed if the involuntary patient cannot afford to retain such witness.
(4) To conduct discovery, to summon and cross-examine witnesses, to present evidence on the person's own behalf and to avail the individual's own self of all other procedural rights afforded litigants in civil causes. The privilege against self-incrimination shall be applicable to all proceedings under this chapter.
(5) To have a full record made of the proceedings, including findings adequate for review. All records and pleadings shall remain confidential unless the court for good cause orders otherwise.
(6) To be notified in writing of the right to appeal a decision made by the court pursuant to § 5014 of this title.
60 Del. Laws, c. 95, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 179, §  179;  79 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 50. INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE › § 5008. Probable cause complaint.

§ 5008. Probable cause complaint.
(a) If an involuntary patient has not been discharged by the hospital by the end of the 48-hour provisional admission period, the hospital shall file a verified complaint for involuntary civil commitment in the Superior Court or in the Family Court if the involuntary patient would otherwise be amenable to Family Court jurisdiction under other provisions of law. The complaint shall set forth in detail facts to show that the hospital, as petitioner, reasonably and in good faith believes that the involuntary patient (who shall be named as respondent) is a person who meets the standard for involuntary inpatient commitment set forth in § 5011 of this title, and who should be continued as a patient at the hospital pursuant to this chapter until the patient is determined no longer to meet the criteria for involuntary inpatient hospitalization. The complaint shall also aver that the involuntary patient has been advised of the patient's rights under this chapter. Copies of the emergency detention certificate and the provisional admission certificate shall be attached to the complaint. A notarized affidavit indicating that a hospital official has reviewed each complaint shall be filed, with the original copy sent to the court to be maintained in the patient's file.
(b) The hospital's affidavit filed with the complaint shall indicate whether the involuntary patient is able to afford counsel and whether the patient requested an independent psychiatric witness.
60 Del. Laws, c. 95, §  1;  62 Del. Laws, c. 300, §§  2-5;  68 Del. Laws, c. 310, §§  2, 3;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 179, §  180;  79 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 50. INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE › § 5010. Discharge by the hospital.

§ 5010. Discharge by the hospital.
Notwithstanding the pendency of the action or any order previously entered by the court, if at any time after the complaint is filed the hospital determines that the involuntary patient no longer meets the criteria for provisional admission or involuntary inpatient commitment, the hospital shall so certify in writing and immediately discharge the person and advise the court of its determination and the discharge. Upon receipt of such certification, the court shall dismiss the action. A person involuntarily hospitalized pursuant to the emergency detention, provisional admission or involuntary commitment sections of this chapter may be discharged pursuant to this section without further order of the court.
60 Del. Laws, c. 95, §  1;  78 Del. Laws, c. 179, §  182;  79 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 50. INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE › § 5011. Involuntary inpatient commitment hearing and procedure.

§ 5011. Involuntary inpatient commitment hearing and procedure.
(a) An individual shall be involuntarily committed for inpatient treatment only if all of the following criteria are met by clear and convincing evidence:
(1) The individual is a person with a mental condition;
(2) Based upon manifest indications, the individual is:
a. Dangerous to self; or
b. Dangerous to others;
(3) All less restrictive alternatives have been considered and determined to be clinically inappropriate at the time of the hearing; and
(4) The individual has declined voluntarily inpatient treatment, or lacks the capacity to knowingly and voluntarily consent to inpatient treatment. When evaluating capacity, the court shall consider an individual's ability to understand the significant consequences, benefits, risks, and alternatives that result from the individual's decision to voluntarily request or decline inpatient treatment.
(b) The court shall set out specific findings of facts and conclusions of law which address each of the required criteria for involuntary commitment and which support its decision to involuntarily commit or discharge the individual.
(c) If the court determines that an individual meets the criteria for involuntary commitment, the court shall enter an order of disposition which shall not exceed 3 months based upon the court's individualized assessment of the facts and circumstances at the time of the hearing.
(d) Upon the expiration of the court order pursuant to subsection (c) of this section, if the individual has not been discharged by the hospital, and the hospital believes that the individual continues to require involuntary commitment, the court shall schedule a subsequent hearing which will be held in compliance with § 5007 of this title and this section. The individual shall be entitled to at least 14 working days' notice of any subsequent hearings. As long as an individual receives involuntary inpatient treatment, the court must convene a hearing in compliance with § 5007 of this title and this section at least once every 3 months to review whether continued involuntary inpatient treatment is necessary.
(e) An individual, if represented by counsel, may waive, orally or in writing, any hearing under this section. The waiver must be submitted in writing to the court or be orally presented in open court.
60 Del. Laws, c. 95, §  1;  68 Del. Laws, c. 310, §§  6-8;  78 Del. Laws, c. 179, §  186;  79 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 50. INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE › § 5012. Waiver of rights; voluntary hospitalization.

§ 5012. Waiver of rights; voluntary hospitalization.
(a) An involuntary patient may waive any of the rights provided by this chapter if:
(1) The court determines that such waiver is voluntary and with the involuntary patient's knowing and intelligent consent; or
(2) Where the involuntary patient is incapable of knowingly and intelligently consenting, the court, upon application by counsel and after appropriate inquiry and finding of facts, approves such waiver for good cause shown.
If the hearing provided for in § 5011 of this title is waived, the court shall enter an order of disposition in accordance with § 5011(c) of this title.
(b) If prior to any hearing the court determines that the involuntary patient has knowingly and voluntarily applied for, and has been accepted for hospitalization pursuant to § 5003 of this title, the action shall be dismissed, and § 5003 of this title shall govern.
(c) A legal guardian may not waive any right of an adult, including any right related to admission and judicial review, under this chapter.
60 Del. Laws, c. 95, §  1;  79 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 50. INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE › § 5014. Appeal; habeas corpus; rules of procedure.

§ 5014. Appeal; habeas corpus; rules of procedure.
(a) Any party to the proceedings may appeal an order of disposition issued by a Commissioner to either a Superior Court Judge or Family Court Judge as appropriate within 10 days of the entry of such order. The appeal shall not operate as a stay of the order of disposition unless the Commissioner or Judge so directs. A decision by a Superior Court Judge or a Family Court Judge may be appealed to the Supreme Court within 30 days of the entry of such order. The appeal shall not operate as a stay of the order of disposition unless the court or the Supreme Court so directs.
(b) After any order of disposition becomes final, the involuntary patient shall be entitled to petition the court for a writ of habeas corpus for release on the grounds:
(1) That the proceeding which led to the patient's commitment was illegal; provided, that that issue has not been previously determined; or
(2) That although the original confinement was legal, continued confinement is not warranted.
(c) The Superior Court and the Family Court shall adopt such rules of procedure as may be required to implement the procedural requirements of this chapter.
60 Del. Laws, c. 95, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 50. INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE › § 5015. Enlargement of time.

§ 5015. Enlargement of time.
The court may enlarge the time for the performance of acts by the hospital or respondent's attorney pursuant to this chapter, and of scheduling hearings thereunder, for good cause shown, for a reasonable period, consistent with the rights of the respondent.
62 Del. Laws, c. 300, §  7;  79 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 50. INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE › § 5016. Payment of transportation and medical costs.

§ 5016. Payment of transportation and medical costs.
(a) The State Treasurer shall pay peace officers or other transportation providers under contract with the Department of Health and Social Services for transportation services under this chapter at an agreed-upon rate, including a custody fee and mileage traveled.
(b) The State Treasurer shall pay third-party medical and dental providers at a contractually agreed-upon rate for services rendered for the medically necessary treatment of persons receiving mental health treatment and services pursuant to this chapter.
68 Del. Laws, c. 309, §  3;  75 Del. Laws, c. 349, §  1;  78 Del. Laws, c. 179, §  187;  79 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 50. INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE › § 5017. Immunity.

§ 5017. Immunity.
(a) Initial assessment. — No peace officer, medical doctor, credentialed mental health screener, juvenile mental health screener, or facility in which a medical doctor or credentialed mental health screener or juvenile mental health screener practices shall be subject to civil damages or criminal penalties for any harm resulting from the performance of their functions under this section unless such harm was intentional or the result of wilful or wanton misconduct on their part. This immunity is limited to the mental health assessment, resulting clinical decision, and involuntary hold necessary until the person is presented to a designated psychiatric treatment facility that is able to provide such psychiatric health-care services for the emergency detention described in § 5001(8) of this title.
(b) Emergency detention. — After the person presents to the designated psychiatric treatment facility and during the emergency detention period described in § 5001(8) of this title, no medical doctor or designated psychiatric treatment facility shall be subject to civil damages or criminal penalties for any harm to the person with a mental condition resulting from the performance of functions under § 5004(e) of this title unless such harm was the result of negligent, reckless, wilful, wanton and/or intentional misconduct.
(c) Subsequent care. — After the person is voluntarily admitted, provisionally admitted or involuntarily committed, no peace officer or medical doctor shall be subject to civil damages or criminal penalties for any harm to the person with a mental condition resulting from the performance of the officer's or doctor's own functions of this title unless such harm was the result of negligent, reckless, wilful, wanton and/or intentional misconduct on the officer's or doctor's own part.
(d) Nothing in this section is intended to waive the State's sovereign immunity or the privileges and immunities set forth at Chapter 40 of Title 10.
79 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 50. INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE › § 5018. Discharge of patients from hospitals.

§ 5018. Discharge of patients from hospitals.
(a) Hospitals shall examine every involuntary patient and voluntary patient present in its facility as frequently as practicable, but not less often than every 3 months. If pursuant to such examination a person's treating psychiatrist determines that a person no longer satisfies the criteria for involuntary hospitalization pursuant to the emergency detention, provisional admission or involuntary court commitment sections of this chapter, or as established for voluntary treatment under § 5003(a) of this title, the patient shall be discharged. A person involuntarily hospitalized pursuant to the emergency detention, provisional admission or involuntary court commitment sections of this chapter may be discharged pursuant to this subsection without further order of the court.
(b) The certificate of discharge shall state the basis for the discharge. Prior to discharge, the hospital shall prepare a written continuing care plan developed in consultation with interdisciplinary staff, identified post-discharge community mental health providers and the patient, and, if the patient is a minor, with the patient's parent or legal guardian. At a minimum, community-based services staff shall be consulted prior to the discharge of patients in hospitals. The continuing care plan shall be consistent with the discharge planning requirements set out in § 5161 of this title, the Mental Health Patients' Bill of Rights. The continuing care plan shall include:
a realistic assessment of the patient's post-discharge social, financial, vocational, housing and treatment needs; identification of available support services and provider linkages necessary to meet the assessed needs; and identification and a timetable of discrete, predischarge activities necessary to promote the patient's successful transition to the community-based services system or to another appropriate post-discharge setting.
79 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 50. INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE › § 5019. Liability for maintenance of patient; collection remedies.

§ 5019. Liability for maintenance of patient; collection remedies.
(a) Any adult committed to or placed in a designated psychiatric treatment facility or hospital shall be liable for the cost of care, treatment, or both to the extent authorized by § 7940 of Title 29. If a minor is committed to or placed in a designated psychiatric treatment facility or hospital, liability for costs of care, treatment, or both shall conform to § 9019 of Title 29.
(b) The Department of Health and Social Services and Department of Services for Children, Youth and Their Families shall keep an account of the cost of care, treatment, or both and credit against the account all moneys received from the patient or other persons on the patient's behalf.
(c) In the event of nonpayment, the Department of Health and Social Services and Department of Services for Children, Youth and Their Families may pursue collection remedies authorized by §§ 7940 and 9019, respectively, of Title 29.
79 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 50. INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE › § 5020. Expenses of examination and removal of indigent patients.

§ 5020. Expenses of examination and removal of indigent patients.
The expenses of the examination of an indigent person alleged to be suffering from a mental condition and the transportation of such person, by a peace officer or credentialed mental health screener or juvenile mental health screener to a designated psychiatric treatment facility or hospital able to provide further evaluation or care and treatment, shall be paid by the State Treasurer.
79 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 50. INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE › § 5021. Veterans Administration hospitals.

§ 5021. Veterans Administration hospitals.
The provisions in the Delaware Code pertaining to the admission, commitment, care and discharge of persons diagnosed with a mental condition at state institutions shall apply with the same force and effect to persons entitled to the services of hospitals for people with a mental condition operated by the Veterans Administration. Persons so entitled may be transferred from state institutions to such Veterans Administration hospitals subject to the statutory provisions affording interested parties the right to have the status of the person with a mental condition determined as provided by law.
79 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 50. INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE › § 5022. Return of patients; order; notice; custody.

§ 5022. Return of patients; order; notice; custody.
(a) If an inpatient of a state-operated hospital escapes or is on unauthorized leave, its director may issue an order for the patient's immediate rehospitalization. The director or the director's designee may notify such patient of the existence of a rehospitalization order by any reasonable means of communication open to the director. Such an order, irrespective of the patient's actual receipt, shall authorize any peace officer to take the patient into custody for rehospitalization.
(b) If an involuntarily committed inpatient or a person detained involuntarily under this chapter from a nonstate-operated hospital certified under § 5026 of this title escapes or is on unauthorized leave, that hospital's director shall immediately notify the Director of the Division of Substance Abuse and Mental Health or the Director's designee if the patient is 18 years of age or older or the Division of Prevention and Behavioral Health Services if the patient is under 18 years of age. Upon receipt of such notification, the Division Director or the Director's designee may issue notice and a rehospitalization order in conformity with subsection (a) of this section. Such an order, irrespective of the patient's actual receipt, shall authorize any peace officer to take the patient into custody for rehospitalization.
79 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 50. INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE › § 5023. Unwarranted hospitalization in Delaware Psychiatric Center or denial of rights; penalties.

§ 5023. Unwarranted hospitalization in Delaware Psychiatric Center or denial of rights; penalties.
(a) Any person who wilfully causes, or conspires with or assists another to cause:
(1) The unwarranted hospitalization of any individual in the Delaware Psychiatric Center under this chapter; or
(2) The denial to any individual of any of the rights accorded to said individual under this chapter shall be punished by a fine not exceeding $500 or imprisonment not exceeding 1 year, or both.
(b) The Superior Court shall have jurisdiction of offenses under this section.
79 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 50. INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE › § 5024. Examinations of persons relative to parole, pardon or commutation of sentence in case of certain crimes.

§ 5024. Examinations of persons relative to parole, pardon or commutation of sentence in case of certain crimes.
Whenever the Director of the Division of Substance Abuse and Mental Health or the Director of the Division of Developmental Disabilities Services receives a request from the Commissioner of the Department of Correction, relative to parole, pursuant to § 4353 of Title 11, or relative to pardon or commutation of sentence, pursuant to § 4362 of Title 11, for psychiatric examination and psychological clinical studies, and a report containing an opinion of the prisoner's condition and of the probability of the prisoner's again committing crimes similar to the 1 for which the prisoner was incarcerated, or other crimes, the Director shall cause such examination and studies to be made at the correctional institution or the Delaware Psychiatric Center, and copies of the report shall be delivered to each member of the Parole Board or the Board of Pardons, as the case may be; and in cases of pardons and commutations of sentence, a copy to the Governor.
79 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 50. INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE › § 5025. Minors.

§ 5025. Minors.
(a) Except as otherwise provided, the provisions of this chapter pertaining to the care and release of persons age 18 and older shall apply with the same force and effect to persons under 18 years of age admitted to a designated psychiatric treatment facility or hospital, certified by the Secretary of the Department of Services for Children, Youth and Their Families as being appropriate for the diagnosis, care, and treatment of persons with mental illness under 18 years of age.
(b) All substantive and procedural rights provided to individuals pursuant to this chapter shall automatically transfer to the individual's parents or legal guardian if the individual is a minor, unless specifically stated otherwise in this chapter. Even when such a transfer of rights occurs, all reasonable efforts shall be made to ensure the relevant rights and procedures are explained to the minor in language understandable to the minor.
(c) A psychiatrist or Emergency Detention of Juveniles Review Board designated by the Secretary of the Department of Services for Children, Youth and Their Families may conduct an independent review of a determination that a person under 18 years of age admitted to a designated psychiatric treatment facility or hospital pursuant to an emergency detention on the basis of the appearance of a mental condition, and whose mental condition causes the individual to be dangerous to self or dangerous to others. Such review may include an examination of the determinations made by juvenile mental health screeners in individual cases or in aggregate. The Department for Children, Youth and Their Families is authorized to establish regulations concerning the process and criteria for such determinations.
79 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 50. INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE › § 5026. Additional facilities for adults.

§ 5026. Additional facilities for adults.
The Secretary of the Department of Health and Social Services, upon voluntary application of a private or public hospital, may certify such hospital as an appropriate facility for the detention, diagnosis, care and treatment of adults with a mental condition under this chapter. If so certified, on a case-by-case basis, any such hospital shall be authorized to serve in addition to the Delaware Psychiatric Center under this chapter.
79 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter II-A. Criminal Background Checks; Mandatory Drug Testing › § 5137. Legislative intent; definitions.

§ 5137. Legislative intent; definitions.
(a) Legislative intent. — The General Assembly's purpose in requiring criminal background checks and drug testing of Department of Health and Social Services' employees working at the Delaware Psychiatric Center is to protect the safety and well-being of the patients and staff of such facility. The provisions of this subchapter shall be broadly construed to accomplish this purpose.
(b) Definitions. — (1) “Applicant” means any of the following:
a. A person seeking employment with the Department in any position at the Delaware Psychiatric Center; or
b. A current Department employee who seeks a promotion or transfer to any position at the Delaware Psychiatric Center; or
c. A former employee who consents prior to leaving employment to periodic review of his or her criminal background for a fixed period of time.
(2) “Background Check Center (BCC)” means the electronic system which combines the data streams from various sources within and outside the State of Delaware in order to assist an employer in determining the suitability of a person for employment.
(3) “Criminal history” means a report from the Department of Health and Social Services regarding its review of the applicant's entire federal criminal history from the Federal Bureau of Investigation, pursuant to Public Law 92-544 as amended (28 U.S.C. § 534) and his or her Delaware record from the State Bureau of Identification.
(4) “Department” means the Department of Health and Social Services;
(5) “Grandfathered employee” means an employee of the Delaware Psychiatric Center, who was not fingerprinted pursuant to this statute because the employment commenced before June 15, 2010, and no requirement for fingerprinting has since applied (see paragraph (b)(1) of this section above).
(6) “Reasonable suspicion” means the Department, acting through its supervisory personnel, has a reasonable basis to suspect that a Delaware Psychiatric Center employee:
a. Has been convicted of a disqualifying crime since becoming employed; or
b. Is impaired by an illegal drug.
77 Del. Laws, c. 292, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 303, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter II-A. Criminal Background Checks; Mandatory Drug Testing › § 5138. Criminal background checks.

§ 5138. Criminal background checks.
(a) The Department shall not hire or employ an applicant for any position at the Delaware Psychiatric Center without first obtaining a report of the person's criminal history.
(b) The Department shall promulgate regulations establishing the criteria for unsuitability for employment, including the types of criminal convictions which shall automatically disqualify a person from working at the Delaware Psychiatric Center and, as to other criminal convictions, the criteria for determining whether a particular individual is unsuitable for employment at the Delaware Psychiatric Center.
(c) Conditional hire. — The requirements of subsection (a) of this section may be suspended for 60 days if the employer wishes to employ the applicant on a conditional basis. Before an employer may offer conditional employment, the employer must receive verification that the applicant has been fingerprinted by the SBI for purposes of the criminal history. No criminal history will be issued if the applicant fails to provide information to the Department regarding the status or disposition of an arrest within 45 days from the date of notice from the Department of an open criminal charge.
(d) The Department shall immediately terminate the employment any Delaware Psychiatric Center employee who is, or has been, convicted of any disqualifying crime upon notification of such conviction.
(e) The criminal history information provided to the employer, is strictly confidential. It may be used solely to determine the suitability of an applicant for employment or continued employment at the Delaware Psychiatric Center.
(f) Before an applicant is permitted to be employed at the Delaware Psychiatric Center, the applicant must, upon request:
(1) Provide accurate information sufficient to get a criminal history;
(2) Execute a full release to enable the employer to secure a criminal history and to periodically update the criminal history while employed;
(g) An applicant who fails to comply with subsection (f) of this section is subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.
(h) All grandfathered employees must be fingerprinted by the SBI within 120 days from the date of BCC (see § 7972(a) of Title 29) implementation. SBI:
(1) Shall use the fingerprints to establish the grandfathered employee's identity and to assign an SBI identification number for the sole purpose of enabling the person's criminal record to be monitored for new arrests while the grandfathered employee continues to work at a long-term care facility, as defined in § 1102 of this title.
(2) Shall not run a state or federal background check of the grandfathered employee, unless the grandfathered employee is also an applicant as defined in § 5137(b) of this title above;
(3) Shall comply with § 1911 of Title 11.
77 Del. Laws, c. 292, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 303, §  4;  81 Del. Laws, c. 207, § 4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter II-A. Criminal Background Checks; Mandatory Drug Testing › § 5139. Drug testing required.

§ 5139. Drug testing required.
(a) Preemployment testing. — The Department shall not hire or employ an applicant for any position at the Delaware Psychiatric Center without first obtaining the results of such applicant's mandatory drug screening.
(b) Reasonable suspicion testing. — The Department, acting through its supervisory personnel, may also conduct a drug test based on a reasonable suspicion that a Delaware Psychiatric Center employee is impaired by an illegal drug.
(c) Any person applying for employment with the Department in a position at the Delaware Psychiatric Center shall be required to submit to mandatory drug screening pursuant to this section and the regulations promulgated by the Department. Such regulations shall require drug testing for the following controlled substances:
(1) Marijuana/cannabis;
(2) Cocaine;
(3) Opiates;
(4) Phencyclidine (“PCP”);
(5) Amphetamines;
(6) Any other controlled substances specified by the Department in the regulations promulgated pursuant to this subchapter.
(d) Conditional hire. — Notwithstanding the provisions of this section, whenever exigent circumstances exist, and the Department must fill a position in order to maintain an appropriate level of patient care, the Department may hire an applicant on a conditional basis when the Department receives evidence that the applicant has actually had the appropriate drug screening. The final employment of any applicant conditionally hired pursuant to this subsection shall be contingent upon receipt of the results of the drug screening. In addition, all applicants conditionally hired pursuant to § 5138 of this title shall be informed and acknowledge in writing that the results of those applicants' drug screens have been requested. Under no circumstances shall an applicant hired on a conditional basis pursuant to this subchapter remain employed on a conditional basis for more than 2 months.
(e) Any applicant who wilfully fails to comply with the requirements of this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000.
(f) The Department shall adopt policies and procedures for imposing sanctions, which may include suspension and termination, upon any Delaware Psychiatric Center employee whose drug screen indicates that such employee has consumed an illegal drug or drugs. However, no such employee shall be sanctioned when the person has used or consumed the drug or drugs detected according to the directions and terms of a lawfully obtained prescription for such drug or drugs.
77 Del. Laws, c. 292, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 303, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter IV. Persons With Criminally Mental Conditions › § 5151. Establishment of department for persons with criminally mental conditions.

§ 5151. Establishment of department for persons with criminally mental conditions.
The Department shall establish at the Delaware Psychiatric Center a department for persons with criminally mental conditions who are adults regardless of their mental capacity. The term “persons with criminally mental conditions” as used herein shall be defined as any incarcerated individual, charged with or convicted of any criminal offense under this Code who also meets the definition set forth at § 5001(7) of this title [repealed]. 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;  76 Del. Laws, c. 322, §§  7, 8;  78 Del. Laws, c. 179, §§  189-191;  79 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter IV. Persons With Criminally Mental Conditions › § 5152. Commitment by courts.

§ 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.
(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;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter IV. Persons With Criminally Mental Conditions › § 5153. Commitment from other institutions.

§ 5153. Commitment from other institutions.
The governing authorities of any institution of this State, including but not limited to those facilities maintained by the Department of Correction, to which an adult or juvenile who is nonamenable to the processes of Family Court who classifies for admission under the terms of this subchapter already has been committed may request an order to temporarily remove an inmate of the institution to the department for persons with criminally mental conditions at the Delaware Psychiatric Center or other authorized institutions for suitable for nonamenable juveniles as follows:
(1) By petition to any court of competent jurisdiction in the State; or
(2) In the case of any individual within the custody of the Department of Correction, by certification of the Commissioner of Correction, Bureau Chief of Prisons, Bureau Chief of Community Correction, or Director of Healthcare Services, that:
a. The inmate or offender is currently suffering from a mental disease or condition which requires such person to be observed and treated at a mental hospital for the person's own welfare and which both:
1. Renders such person unable to make responsible decisions with respect to the person's health; and
2. Poses a real and present threat, based upon manifest indications, that such person is likely to commit or suffer serious harm to that person's own self or others or to property if not given immediate hospital care and treatment;
b. The inmate or offender is currently recommended by correctional medical staff for immediate or emergent psychiatric care or stabilization;
c. That the Department of Correction cannot provide the level of care required to treat the inmate or offender; and
d. The inmate or offender has received all of the process due to the inmate or offender under the Department of Correction policies and/or procedures.
(3) Upon receipt of any inmate or offender into the department for persons with criminally mental conditions by the process stated herein, the inmate or offender shall be treated as a provisional admittee and may only be housed at the location designated for the housing of persons with criminally mental conditions. The Department of Health and Social Services shall proceed under Chapter 50 of this title with respect to any decision to commit offenders transferred from the Department of Correction on an emergency basis.
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;  76 Del. Laws, c. 322, §  13;  78 Del. Laws, c. 179, §§  197, 198;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter IV. Persons With Criminally Mental Conditions › § 5154. Liability for cost of maintenance and care.

§ 5154. Liability for cost of maintenance and care.
The expenses of the removal of an adult with a criminally mental condition 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 adult with a criminally mental condition 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 § 5019 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;  78 Del. Laws, c. 179, §§  199, 200;  79 Del. Laws, c. 442, §  2;  81 Del. Laws, c. 79, §  26;