DELAWARE OFFICE OF DEFENSE SERVICES DELAWARE CRIMINAL JUSTICE COUNCIL THE STATE OF DELAWARE PUBLIC DEFENSE COUNSEL AT PRETRIAL Hon. J. Brendan O’Neill, Chief Public Defender Christian L. Kervick, Executive Director

CRIMINAL JUSTICE COUNCIL - SAA Title 11: Chapter 87 of the DE Code The Delaware Criminal Justice Council is an independent body committed to leading the criminal justice system through a collaborative approach that calls upon the experience and creativity of the Council, all components of the system, and the community. The Council shall continually strive for an effective system that is fair, efficient, and accountable. 7/7/20162

Funding Planning Research & Analysis SAA is Trusted Resource 3

STATE OF DELAWARE Statewide Unified Criminal Justice System 7/7/ NCJA National Forum4

DELAWARE’S UNIFIED SYSTEM Corrections: Delaware Department of Correction (DOC) is responsible for entire adult correctional system Division of Youth Rehabilitative Services (YRS) responsible for juvenile correctional system. No regional, county, or municipal jail or probation systems. DOC supervises about 6,500-7,000 inmates and 17,000 probationers. YRS supervises a detention population of about 200 youths, and about 1,000 in probation/aftercare.

DELAWARE’S UNIFIED SYSTEM Corrections: (Continued) Within the unified system, Delaware maintains a five-level system of supervision for offenders: Level V – 24 hour incarceration (jail/prison) Level IV – Work Release Centers, Home Confinement, Residential Drug Treatment, Violation of Probation Centers Level III – Intensive Probation Supervision Level II – Standard Probation Level I – Administrative Supervision

DELAWARE’S UNIFIED SYSTEM Courts: Superior Court – Exclusive jurisdiction over adult felonies and most drug offenses. Family Court – Juvenile delinquency and adult misdemeanors against family members and/or involving children Court of Common Pleas – Misdemeanors, except certain drug offenses. Justice of the Peace Courts – Minor misdemeanors and violations. (Also entry-level court for majority of criminal cases in the state.)

DELAWARE’S UNIFIED SYSTEM Prosecution Criminal Division of the Delaware Department of Justice (DOJ) responsible for prosecuting cases statewide. DOJ Units include Homicide, Trial, Sex Crimes, Child Predator, Child Victims, and Felony Screening.

DELAWARE’S UNIFIED SYSTEM Office of Defense Services Public Defenders Office (PDO) provides indigent defense for criminal defendants statewide. PDO units include Trial, Superior Court, Court of Common Pleas, Family Court, Homicide, Appellate, Support Services, Intake, Investigation, Forensic Services, Psycho-Forensic, and Mitigation. Office of Conflict Counsel 7/7/20169

CJC GRANTS TO ODS Examples Byrne Justice Assistance Grant– Psycho-Forensic Services evaluate psycho-social needs of defendants served by the Office of Conflicts Counsel. Juvenile Justice– Juvenile Sex Offender Registry provides an attorney to handle juvenile cases for those who are eligible for relief from mandatory sex offender registration 7/7/201610

CJC GRANTS TO PUBLIC DEFENDER Answering Gideon’s Call Enhanced the State of Delaware’s ability to provide quality representation to indigent defendants using an innovative data- driven approach while promoting strategies identified in the ABA’s Ten Principles of a Public Defense Delivery System. 7/7/ NCJA National Forum11

CJC WORKING WITH PD 7/7/ The Criminal Justice Council assisted the Office of the Public Defender with the Sixth Amendment Center Report

SIXTH AMENDMENT CENTER REPORT Recommendations 1. Insulate the provision of right to counsel services from undue political and judicial interference, and establish proper ethical screens between the indigent defense system’s chief executive and the primary defender system, and between the chief executive and the conflict defender system. 2. The Family Court should adopt a rule prohibiting children in delinquency matters from waiving the right to the assistance of counsel. 7/7/201613

SIXTH AMENDMENT CENTER REPORT 3. The indigent defense system should adopt and implement regulations requiring that counsel is appointed as soon as possible after “attachment,” as required by Rothgery v. Gillespie County, 554 U.S. 191 (2008), for any defendant facing loss of liberty as a potential sentence under law, and the vertical representation of all clients. 7/7/201614

SIXTH AMENDMENT CENTER REPORT 4. The indigent defense system should promulgate standards for quality representation, create a comprehensive training program based on such standards, and measure compliance against those standards to demonstrate, on an ongoing basis, the effective use of taxpayer dollars. And the indigent defense system should establish workload limits to permit the rendering of effective attorney performance in all case types. 7/7/201615

QUESTIONS ??? 7/7/201616