Basic services, 2022
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Overall
State operated
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Detention
State operated
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Probation
State operated
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Reentry
State operated
Delinquency services are centralized in Delaware. A single state-level executive agency, The Department of Services for Children, Youth, and Their Families, Division of Youth Rehabilitative Services (DYRS), administers a full range of services to delinquent youth. The Community Services Unit within the DYRS administers probation and aftercare services. The DYRS also administers commitment to public state facilities and operates Delaware’s two secure detention facilities. |
Purpose clauses, 2016
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No clause
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Parens patriae
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Due process era
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Balanced and Restorative Justice (BARJ)
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Developmental Approach
Corrections agency, 2015
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Independent juvenile corrections agency
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Family/child welfare agency or division
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Broad human services agency
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Adult corrections agency or division
The Delaware Department of Services for Children, Youth, and Their Families, Division of Youth Rehabilitative Services (DYRS) administers commitment to state juvenile correctional facilities and aftercare services for youth leaving those facilities.
Intake and diversion, 2016
Initial intake and court diversion decision is at the discretion of the prosecutor.
No statutory time limit/s for court diversions exist.
Solitary confinement, 2016
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Prohibits punitive confinement
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Limits punitive confinement
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No limits on punitive confinement
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Did not respond
Solitary confinement for punitive purposes is allowed in Delaware's juvenile correctional facilities. Solitary confinement may not exceed 2 consecutive hours with a max of 6 hours a day. (Adapted from 51 Jurisdiction Survey of Juvenile Solitary Confinement Rules in Juvenile Justice Systems, 2016. Lowenstein Center for the Public Interest at Lowenstein Sandler LLP)
Release decision, 2016
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Agency
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Court
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Parole board
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Agency and court
For youth on indefinite commitments, the Delaware Division of Youth Rehabilitative Services determines release from juvenile correctional facilities. This is based on completion of rehabilitative treatment and best interests of the youth while ensuring public safety. For those youth who are serving mandatory commitments as outlined in Delaware Code, a release from mandatory commitment must be approved by a member of the Family Court judiciary. A risk/assessment tool is not used to inform release decisions.
Risk assessment, 2020
| Organization |
2013 |
2017 |
2020 |
| Statewide uniform assessment |
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|
|
| Layered/regional assessment |
|
|
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| Locally administered assessment |
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|
|
In Delaware, juvenile probation is administered by the Department of Services for Children, Youth, and Their Families, Division of Youth Rehabilitative Services (DYRS). DYRS administrative policy requires the use of a risk/needs assessment in juvenile probation. Delaware uses the Positive Achievement Change Tool (PACT) statewide and provides training on the PACT for probation officers. Information from the PACT is used to develop probation disposition recommendations to the juvenile court, assign probation supervision level, develop probation case plans, and inform reports to the court. The state is able to aggregate case level data and uses it to assist with probation administration and organizational planning.
Sex offender registration, 2015
Registers
Risk instruments, 2017
- Risk instruments tool used
- Positive Achievement Change Tool (PACT)
Mental health screening, 2014
Requires a research-based mental health screening
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Secure detention
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Probation
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Corrections
- Mental health screening tool used
- Massachusetts Youth Screening Instrument –Version 2 (MAYSI-2)
Delaware supports the use of research-based mental health screening in secure detention and corrections. Administrative policy requires the implementation of mental health screening, and uses the Massachusetts Youth Screening Instrument, 2nd Edition (MAYSI-2).
Frameworks for evidence-based practices, 2014
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Statute
Supporting commitment to EBPs
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Administrative regulations
Either in corrections, probation, or the juvenile court
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Support center
Or collaboration dedicated to coordinating activities around implementing, evaluating, and sustaining EBPs
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No stance
No official stance on EBPs
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Did not respond
State did not respond to the survey
Delaware does not apply a specific definition of evidence-based programs and practices in juvenile justice. The state supports the proliferation of evidence-based programs and practices (EBPs) in juvenile justice through the funding of the Standardized Program Evaluation Protocol (SPEP). New program contracts must be willing to participate in the SPEP process, the state also provides technical assistance to these agencies.
Recidivism reporting, 2016
- Study populations
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The group(s) of youth being studied in states that publicly report recidivism data.
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Arrest
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Court action
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Supervision
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Placement
- Re-offense events
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Events that are used to measure recidivism in states that publicly report recidivism data.
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Arrest
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Court action
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Supervision
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Placement
- Follow-up periods
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Details regarding the length of time and frequency that youth are tracked in states that publicly report recidivism data.
18 months with adult systems reporting
- Details
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Additional levels of analysis provided in states that publicly report recidivism data.
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County
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Age
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Gender
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Race/ethn.
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Risk level
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Initial offense
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Re-offense
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Prior history
The State of Delaware Criminal Justice Council publishes recidivism data for youth released from a Youth Rehabilitative Service (YRS) Level 5 (locked secure) or Level 4 (staff secure) facility. Data is included on arrests and re-admissions to a secure facility within the first 18 months of a youth's release.
Data sources
- Juvenile Recidivism in Delaware: An Analysis of Youth Released in 2010 through 2012
- State of Delaware Criminal Justice Council
