Title 11, Crimes and Criminal Procedure

§ 8584. Definitions. (a) “ACIM Alert Program” means the “A Child Is Missing Alert Program,” a national rapid-response communication network that offers free assistance to law-enforcement agencies to aid in the recovery, identity, or apprehension of missing persons through the use…

§ 8585. Establishment of the Delaware Blue Alert Program. Each investigating law-enforcement agency shall implement an alert program, consistent with the ACIM Alert Program and the Gold Alert Program, for the apprehension of persons suspected of killing or seriously injuring law-…

§ 8586. Activation of the Blue Alert Program. (a) The Blue Alert Program shall be activated when a suspect for a crime involving the death or serious injury of a law-enforcement officer has not been apprehended and may be a serious threat to the public. Upon notification by an in…

§ 8587. Termination of a Blue Alert. (a) The investigating law-enforcement agency shall terminate the Blue Alert with respect to a particular suspect when the suspect is located or the incident is otherwise resolved, or when the investigating law-enforcement agency determines tha…

§ 8590. Definitions [Repealed].77 Del. Laws, c. 373, § 1; repealed by 80 Del. Laws, c. 154, § 2, eff. Apr. 7, 2016.;

§ 8591. Screening Procedures [Repealed].77 Del. Laws, c. 373, § 1; repealed by 80 Del. Laws, c. 154, § 2, eff. Apr. 7, 2016.;

§ 8592. Penalties [Repealed].77 Del. Laws, c. 373, § 1; repealed by 80 Del. Laws, c. 154, § 2, eff. Apr. 7, 2016.;

§ 8593. Definitions. For purposes of this subchapter: (1) “Applicant” shall mean a prospective driving privilege card holder. (2) “Driving privilege card” shall mean a card issued pursuant to § 2711(d) of Title 21, to undocumented immigrants who are not eligible for a Delaware dr…

§ 8594. Authority of the State Bureau of Identification. This subchapter is intended for use by an applicant for a driving privilege card who may or may not have sufficient identification or documentation to prove his or her identity, pursuant to the procedures established in § 8…

§ 8595. Application process. (a) The applicant shall appear at the Bureau during regular hours of business, and shall inform the Bureau of the applicant’s desire to avail oneself of the procedure set forth in this section. (1) The applicant shall produce identification documentat…

§ 8596. Enactment. The National Crime Prevention and Privacy Compact Act of 1998 is hereby enacted and entered into with all other jurisdictions legally joining therein in the form substantially as follows. The Compact organizes an electronic information sharing system among the …

§ 8597. Definitions. The following definitions shall apply for the purposes of this section only: (1) “Attorney General” shall mean the Attorney General of the United States. (2) “Compact officer” shall mean: a. With respect to the federal government, an official so designated by…

§ 8598. Purposes. The purposes of this Compact are to: (1) Provide a legal framework for the establishment of a cooperative federal-state system for the interstate and federal-state exchange of criminal history records for noncriminal justice uses; (2) Require the FBI to permit u…

§ 8599. Responsibilities of compact parties. (a) FBI responsibilities. — The Director of the FBI shall: (1) Appoint an FBI compact officer who shall: a. Administer this Compact within the Department of Justice and among federal agencies and other agencies and organizations that s…

§ 8599A. Authorized record disclosures. (a) State criminal history record repositories. — To the extent authorized by 5 U.S.C. § 552a (commonly known as the “Privacy Act of 1974”), the FBI shall provide on request criminal history records (excluding sealed records) to state crimi…

§ 8599B. Record request procedures. (a) Positive identification. — Subject fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history record checks for noncriminal justice purposes. (b) Submission of state requests. —…

§ 8599C. Establishment of Compact Council (a) Establishment. — (1) In general. — There is established a council to be known as the “Compact Council,” which shall have the authority to promulgate rules and procedures governing the use of the III System for noncriminal justice purp…

§ 8599D. Ratification of Compact This Compact shall take effect upon being entered into by 2 or more states as between those states and the federal government. Upon subsequent entry into this Compact by additional states, it shall become effective among those states and the feder…

§ 8599E. Miscellaneous provisions. (a) Relation of Compact to certain FBI activities. — Administration of this Compact shall not interfere with the management and control of the Director of the FBI over the FBI’s collection and dissemination of criminal history records and the ad…

§ 8599F. Renunciation. (a) In general. — This Compact shall bind each party state until renounced by the party state. (b) Effect. — Any renunciation of this Compact by a party state shall: (1) Be effected in the same manner by which the party state ratified this Compact; and (2) …

§ 8599G. Severability. The provisions of this Compact shall be severable, and, if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any participating state or to the Constitution of the United States or the applicability …

§ 8599H. Adjudication of disputes. (a) In general. — The Council shall: (1) Have initial authority to make determinations with respect to any dispute regarding: a. Interpretation of this Compact; b. Any rule or standard established by the Council pursuant to § 8599B of this title…

§ 8601. Purpose. The purpose of this chapter is to manage and maintain an accurate and efficient criminal justice information system in Delaware consistent with Chapter 85 of this title and applicable federal law and regulations, the need of criminal justice agencies and courts o…

§ 8602. Definitions. For the purposes of this chapter: (1) “Access” means the physical or electronic privilege to view, modify, or make use of criminal justice information, whether direct or indirect. For purposes of this term: a. “Direct” means access to CJIS whether via authori…

§ 8603. Board of Managers — Established; purpose; composition; term of office; staff; powers. (a) The Delaware Criminal Justice Information System Board of Managers is hereby established. (b) The Board shall establish policy for the development, implementation, and operation of c…

§ 8604. Board of Managers — Duty to ensure compliance with statute. The Board shall ensure that all authorized agencies collecting, storing, or disseminating criminal justice information and other information concerning crimes and offenders comply with this chapter, Chapter 85 of…

§ 8605. Rules and regulations. The Board shall have the power and authority to promulgate rules and regulations to insure compliance with this chapter not inconsistent with Chapter 85 of this title.63 Del. Laws, c. 352, § 1; 68 Del. Laws, c. 103, § 5;

§ 8606. Office of the Director; function and duties. (a) Appointment and duties of Executive Director. — The Executive Director shall be appointed by and serve at the pleasure of the Board. The duties of the Executive Director shall include: (1) The employment and supervision of …

§ 8607. Violations and investigations. All suspected or reported violations of this chapter, Chapter 85 of this title, subchapter III, subpart K of Chapter 5 of this title, § 305(m) of Title 21, or the rules and regulations promulgated by the Board under § 8605 of this title shal…

§ 8608. Authorized users. (a) No individual shall be an authorized user with an authorized agency which has or allows access to criminal justice information without meeting the minimum requirements prescribed by the Board to determine if the individual could endanger the security…

§ 8609. Denial of appointment, etc., to position allowing access to criminal history record information [Repealed].63 Del. Laws, c. 352, § 1; 68 Del. Laws, c. 103, § 5; repealed by 80 Del. Laws, c. 169 § 8, eff. Aug. 17, 2015.;

§ 8610. Access to Criminal Justice Information System; conditions. Access to the Criminal Justice Information System, including computerized criminal justice information, shall be available to a requesting party provided that the requesting party meets all of the following condit…

§ 8611. Agency agreements. (a) Use of criminal justice information shall be restricted to the purpose for which it was given. (b) An authorized agency shall not disseminate criminal justice information, except as otherwise provided in Chapter 85 of this title or as required by De…

§ 8700. Mission statement. 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.…

§ 8701. Created; composition; compensation. (a) There is hereby created the Criminal Justice Council. (b) The Council shall consist of 29 members as follows: (1) The Chief Justice of the Supreme Court, or the Chief Justice’s designee; (2) The President Judge of Superior Court, or…

§ 8701A. Definitions. For purposes of this chapter: (1) “Correctional facility” means a facility operated for correctional purposes by the Department of Correction or the Department of Services for Children, Youth and Their Families or a facility operated for correctional purpose…

§ 8702. Meetings; quorum; committees; procedure. (a) The Council shall meet at least 8 times per year. At least 1 meeting each calendar year shall be held in each county. Ten members shall constitute a quorum. (b) The Council may establish committees as it deems advisable, but on…

§ 8702A. Duties of Criminal Justice Council and Statistical Analysis Center. (a) The Criminal Justice Council shall ensure this State’s compliance with the Death in Custody Reporting Act of 2013, 34 U.S.C. § 60105. (b) The Statistical Analysis Center shall coordinate and manage t…

§ 8703. Officers. (a) In December of each year, the Council shall elect a Chairperson and a Vice-Chairperson who shall serve terms of office coinciding with the following calendar year. Officers may be reelected. (b) If the Chairperson resigns or ceases to be a member of the Coun…

§ 8703A. Reporting requirements for law-enforcement agencies. (a) A law-enforcement agency shall do all of the following: (1) If the death of an individual in custody occurs, report the death of the individual in custody to the Statistical Analysis Center as required by, and on a…

§ 8704. Powers and duties. The Council shall: (1) Continuously study the administration of justice in this State and develop and implement policies and programs for improving the effectiveness of the criminal justice system in this State; (2) Receive, consider and, at its discret…

§ 8704A. Compliance reporting. (a) On or before December 1 of each year, the Criminal Justice Council shall do all of the following: (1) Prepare a report including all of the following information: a. Compliance with the submission of the reports required under § 8703A(a) of this…

§ 8705. Officials to furnish information. It shall be the duty of all officials of the State or any political subdivision thereof to furnish any information and compile any report which may be requested by the Council.64 Del. Laws, c. 407, § 2;

§ 8705A. Failure to comply; ineligibility for funding. (a) If the Criminal Justice Council finds by case decision under subchapter III of Chapter 101 of Title 29 that a law-enforcement agency has failed to comply with this chapter, the law-enforcement agency may not receive funds…

§ 8706. Criminal justice agencies and courts to provide assistance. It shall be the duty of all criminal justice agencies and courts of the State or any political subdivision thereof to provide such staff or other assistance as may reasonably be requested by the Council to carry …

§ 8706A. Notation of death of an individual in custody in DelVERS required. If an individual in custody dies, the medical examiner shall make a notation that the individual died in custody in the individual’s death record in the Delaware Vital Events Registration System (DelVERS)…