SPONSOR:	Rep. J. Johnson & Sen. Ennis
	Reps. Bolden, Briggs King, Hudson, Keeley, Wilson

HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY

HOUSE BILL NO. 226

AN ACT TO AMEND TITLE 11 AND TITLE 29 OF THE DELAWARE CODE RELATING TO SPECIALIZED PROBATION AND PAROLE OFFICERS, ASSIGNED TO THE DIVISION OF YOUTH REHABILITATIVE SERVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend §4321, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

(f) Specialized juvenile probation and parole officers, assigned to the Division of Youth Rehabilitative Services and as designated and sworn by the Secretary of the Department of Services for Children, Youth and Their Families, shall exercise the same powers as constables exercise under the laws of this State, and may conduct searches of individuals under the supervision of the Department of Services for Children, Youth and Their Families' Division of Youth Rehabilitative Services in accordance with agency procedure, while in the performance of the lawful duties of their employment, and shall execute lawful orders, warrants and other process as directed to such officer by any court or judge; however, a specialized juvenile probation and parole officer shall have such above-enumeratedpowers and duties only if the officer has met the minimum requirements of §9005 (13) of Title 29 regarding of training and education. deemed necessary by the Department of Services for Children, Youth and Their Families. and the Council on Police.

Section 2.Amend §9005 (13), Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

(13) Devise and adopt a plan to provide for the use of weapons by specialized juvenile probation and parole officers. participating in the Operation Safe Streets program. The plan shall require such officers, after to successfully completing complete a psychological evaluation and a course of instruction in weapons training and safety, to carry a firearm while at work in the field. Said course of training instruction shall meet or exceed the standards established by the Council on Police Training; and any other training and education determined by the Department of Services for Children, Youth and Their Families;

SYNOPSIS

The role of Juvenile Probation Officers in the Serious Juvenile Offender (SJO) unit is not to act as police but rather to engage and work with youth and their families while maintaining public safety.  Rather than mirroring the Council on Police Training (COPT) in all respects, the training requirement for SJOs should mirror the training required of adult probation officers.  The SJO unit currently completes the training offered by DOC for its adult probation officers.  This training does follow the firearms training portion of the COPT training, which is appropriate since the SJO unit is the only unit in DSCYF that is permitted to carry firearms in their duties.  Other parts of the COPT training, however, are not appropriate for and should not be required for the SJO unit.