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Legislation Document
SPONSOR:
Rep. Berry & Rep. Griffith & Rep. Lambert & Rep. Phillips & Sen. Huxtable
Reps. Gorman, K. Johnson, Morrison, Snyder-Hall, Romer; Sen. Pinkney
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE JOINT RESOLUTION NO. 11
DIRECTING THE JUDICIARY TO ESTABLISH A WORKING GROUP TO EXPLORE THE FEASIBILITY OF ESTABLISHING A HOUSING OPPORTUNITY AND POVERTY ELIMINATION (HOPE) COURT PROGRAM IN PARTNERSHIP WITH STATE AGENCIES AND COMMUNITY ORGANIZATIONS AND TO PROVIDE RECOMMENDATIONS FOR STATEWIDE IMPLEMENTATION.
WHEREAS, individuals experiencing homelessness or housing instability often face legal barriers, including outstanding warrants, fines, and low-level offenses, that impede access to housing, employment, and essential services; and
WHEREAS, Homeless Court Programs, first established in 1989 and now implemented nationwide, provide a voluntary pathway for individuals to resolve eligible cases through engagement with community-based providers rather than traditional punitive measures; and
WHEREAS, these programs operate through partnerships among courts, service providers, and government agencies to address the underlying causes of homelessness and poverty, improve public safety, and reduce recidivism; and
WHEREAS, data from established programs demonstrate that the majority of cases are resolved through dismissal or satisfaction of fines upon completion of service-based requirements, removing barriers to self-sufficiency; and
WHEREAS, the Delaware Judiciary, in coordination with state agencies and community partners, is well-positioned to explore a similar model tailored to the needs of Delaware residents; and
WHEREAS, a feasibility study will allow for evaluation, stakeholder coordination, and development of best practices prior to broader statewide implementation.
NOW, THEREFORE:
BE IT RESOLVED by the House of Representatives of the 153
rd
General Assembly of the State of Delaware, the Senate concurring therein, that the Delaware Judiciary is directed to establish a Housing Opportunity and Poverty Elimination (HOPE) Court Working Group.
BE IT FURTHER RESOLVED that the Delaware Judiciary shall collaborate with:
(1) The Delaware Department of Health and Social Services (DHSS);
(2) The Delaware State Housing Authority (DSHA);
(3) The Delaware Criminal Justice Information System (DELJIS);
(4) Other relevant state and local agencies, including probation services, legal aid organizations, and community organizations.
BE IT FURTHER RESOLVED that a HOPE Court Working Group shall be established to study program feasibility, establish a framework for statewide implementation, and be comprised of 18 members as follows:
(1) Two members of the House of Representatives; one member of the majority party and one member of the minority party, who are appointed by the Speaker of the House of Representatives.
(2) Two members of the Senate; one member of the majority party and one member of the minority party, who are appointed by the President Pro Tempore of the Senate.
(3) Three representatives of New Castle County, Kent County, and Sussex County, each appointed by the governing bodies of their respective counties, who shall serve as non-voting members.
(4) Three representatives from community-based service providers; one representative from each county, appointed by the Governor.
(5) An individual who has lived experience with homelessness and involvement with the criminal justice system, appointed by the Governor.
(6) Seven members serving by virtue of position; or a designee appointed by the member, as follows:
a.
The Delaware State Court Administrator, who shall be Chair.
b. The Chief Magistrate of the Justice of the Peace Court, who shall be Vice-Chair.
c. The Chief Judge of the Court of Common Pleas.
d. The Attorney General.
e. The Secretary of Health and Social Services.
f. The Director of the Delaware State Housing Authority.
g. The Executive Director of the Delaware Criminal Justice Information System.
BE IT FURTHER RESOLVED that a member serving by virtue of position who is granted the ability to designate another individual to attend a Working Group meeting must provide the designation in writing to the Working Group chair and vice-chair. An individual attending a meeting for a member serving by virtue of position has the same duties and rights as the member serving by virtue of position.
BE IT FURTHER RESOLVED
that the chair may appoint additional members to the Working Group as necessary to ensure representation from relevant stakeholders and subject-matter experts.
BE IT FURTHER RESOLVED that each state agency shall respond promptly to a request for information from the Working Group or the Working Group’s staff.
BE IT FURTHER RESOLVED that the chair and vice-chair are responsible for guiding the administration of the Working Group by, at a minimum, doing all of the following:
(1) Supervising the preparation and distribution of meeting notices, agendas, minutes, correspondence, and reports of the Working Group.
(2) Coordinating and convening a date, time, and place for the initial organizational meeting.
(3) Providing the Director of the Division of Legislative Services, after the first meeting of the Working Group, a list of the members of the Working Group and the people who appointed them and providing notice of any changes in the make-up of the Working Group to the Director of the Division of Legislative Services.
(4) Providing meeting notices, agendas, and minutes to the Director of the Division of Legislative Services.
(5) Ensuring the final report of the Working Group is submitted to all members of the General Assembly, the Governor, the Director and the Librarian of the Division of Legislative Services, and the Delaware Public Archives.
BE IT FURTHER RESOLVED that a quorum of the Working Group is a majority of its members.
BE IT FURTHER RESOLVED that:
(1) Official action by the Working Group, including making findings and recommendations, requires the approval of a quorum of the Working Group.
(2) The Working Group may adopt rules necessary for its operation. If the Working Group does not adopt rules or if the adopted rules do not govern a given situation, the current edition of Mason’s Manual of Legislative Procedure controls.
BE IT FURTHER RESOLVED that the Working Group shall submit a final report to the General Assembly and the Governor within 12 months of the first meeting, including evaluation of the Working Group’s findings and recommendations for a framework for statewide implementation, including potential sites, agency roles, partnerships, and long-term sustainability.
SYNOPSIS
This House Joint Resolution directs the Judiciary to establish a Working Group to explore the feasibility of establishing a Housing Opportunity and Poverty Elimination (HOPE) Court Program in partnership with State agencies and community organizations and to provide recommendations for statewide implementation.