DELAWARE GENERAL ASSEMBLY

Office of the Controller General

GENERAL NOTICE

Effective Date of House Bill 211 of the 148th General Assembly

MEMORANDUM

To: Michael Morton, Controller General

From: Victoria Brennan, Senior Legislative Analyst

Subject: House Amendment 1 to House Bill 211 of the 148th General Assembly

An Act to amend Title 10 of the Delaware Code relating to Juvenile Delinquency Proceedings

and the use of restraints on a child.

Date: June 5, 2018

House Amendment 1 to House Bill 211 of the 148th General Assembly made the Act of removing restraints from a juvenile during court appearances mandatory effective 180 days after the Controller General made notice and such notice was published in the Register of Regulations stating an appropriation was made.

According to the Department of Services for Children, Youth and Their Families, due to the decreased census numbers statewide of juveniles in custody, the Department has implemented the Act without the need for the additional appropriation.

In the Fiscal Year 2019 Governor's Recommended Budget, 29.0 FTE's were provided to Youth Rehabilitative Services, Secure Care (37-05-50). The Joint Finance Committee approved the addition of these positions on May 22, 2018. In the event of an increase in the census of juveniles in custody, the Department reports the ability to continue to absorb the costs initially outlined in the Fiscal Note.

In Summary, the Controller General's Office has determined House Amendment 1 to House Bill 211 of the 148th General Assembly to have no fiscal impact to the State.