Title 11, Crimes and Criminal Procedure

§ 8801. Definitions. As used in this chapter: (1) “Board” shall mean the Board of Pension Trustees established by § 8308 of Title 29. (2) “Compensation” shall mean all salary or wages, excluding overtime payments and special payments for extra duties, payable to a member for serv…

§ 8802. Employment of pensioners. An individual shall not receive a service or disability pension under this chapter for any month during which the individual is an employee as defined in § 8801 of this title, unless: (1) The individual is a police officer who has retired from 1 …

§ 8803. Garnishment and assignment of benefits prohibited. Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis, the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the benefici…

§ 8804. Waiver of benefits. Any individual entitled to any benefits under this chapter may decline to accept all or any part of such benefits by a waiver signed and filed with the Board. Such waiver may be revoked in writing at any time, but no payment of the benefits waived shal…

§ 8805. Optional participation of counties and municipalities. Any county or municipality may elect to participate in the County and Municipal Police/Firefighter Pension Plan beginning July 1 of any year on or after July 1, 1984. Application to participate shall be by resolution …

§ 8806. Powers and duties of the Board. The Board shall have the power and duty to appoint an Executive Secretary who shall be responsible for determining the eligibility for retirement pension benefits under this chapter.82 Del. Laws, c. 87, § 5;

§ 8811. Mandatory retirement. A member shall retire on the member’s mandatory retirement date as established by the employer.64 Del. Laws, c. 445, § 1; 75 Del. Laws, c. 133, § 8;

§ 8812. Retirement option. When the member applies for a pension, the member shall choose either a unified pension or an ordinary pension.64 Del. Laws, c. 445, § 1; 67 Del. Laws, c. 86, § 10; 70 Del. Laws, c. 186, § 1;

§ 8813. Eligibility for service pension. (a) A member shall become eligible to receive a service pension, after the member has terminated employment, beginning with the month when: (1) The member has 5 years of credited service and has attained age 62; or (2) The member’s age plu…

§ 8814. Vesting rights; return to service. (a) A member who has 5 years of credited service shall have a vested right to a service pension. (b) If a member who has less than 5 years of credited service ceases to be an employee, the service credits to the date of termination shall…

§ 8815. Eligibility for disability pension. (a) A member who suffers a partial or total disability resulting from an individual and specific act, the type of which would normally occur only while employed as a police officer/firefighter, shall be eligible for a duty-connected dis…

§ 8816. Payment of service pension. Service pension payments shall be made to a retired member for each month beginning with the month in which the member becomes eligible to receive such pension and ending with the month in which the member dies.64 Del. Laws, c. 445, § 1; 70 Del…

§ 8817. Payment of disability pension. (a) Disability pension payments shall be made to a member for each month beginning with the month in which the member becomes eligible to receive such pension and ending with the month in which the member ceases to be eligible or dies. (b) […

§ 8818. Amount of ordinary service pension. The amount of the monthly ordinary service pension payable to a retired member shall be the sum of 2.5% of final average compensation multiplied by years of service up to 20 years inclusive, plus 3.5% of final average compensation multi…

§ 8819. Amount of unified service, disability or survivor pension. The amount of the unified pension payable to an employee, former employee or survivor shall be the sum of the following: (1) The amount computed according to this chapter, exclusive of service credited under § 880…

§ 8820. Amount of duty-connected disability pension. (a) The duty-connected total disability pension shall by 75% of final average compensation plus 10% of final average compensation for each dependent during the period of dependency, not to exceed a total of 25% of final average…

§ 8821. Amount of ordinary disability pension. The ordinary disability pension shall be computed in the same manner as the service pension based on credited service accrued to the date of disability, subject to the following: (1) In the case of total disability, the minimum pensi…

§ 8821A. Amount of ordinary service or disability pensions [For application of this section, see 79 Del. Laws, c. 315, § 10]. (a) Notwithstanding provisions of this chapter to the contrary, an employee may elect to have his or her service or disability pension computed under this…

§ 8822. Ordinary survivor’s pension [For application of this section, see 79 Del. Laws, c. 315, § 10]. (a) Upon the death of a member in service, a monthly survivor’s pension shall be payable to his or her eligible survivor or survivors equal to 3/4 of the service pension the emp…

§ 8823. Death benefit. Upon the death of a member, inactive member, retired member or individual receiving a survivor’s pension, there shall be paid to the designated beneficiary or beneficiaries or, in the absence of a designated beneficiary, to the estate of the member, inactiv…

§ 8824. Withdrawal benefit. (a) The accumulated contributions with interest of a member who is neither eligible for a service nor disability pension, nor has a vested right to a service pension, shall be refunded upon withdrawal from service. (b) If a member has a vested right to…

§ 8825. Adjustment of benefits. (a) A pension payable under this chapter shall be adjusted no less liberally than adjustments made for pensions payable under the State Employees’ Pension Plan, taking into account adjustments to Social Security benefits payable to state employees.…

§ 8826. Application for benefits. (a) A service pension, disability pension, survivor’s pension, death benefit or withdrawal benefit shall be paid only upon the filing of an application in a form prescribed by the Board. A monthly benefit shall not be payable for any month earlie…

§ 8841. Member contributions. (a) Effective January 1, 2006, member contributions to the fund shall be 7% of monthly compensation. (b) An employee can repay a withdrawal benefit using a rollover distribution from: (1) A direct rollover of an eligible rollover distribution from: a…

§ 8842. Employer contributions. The contribution of the county or municipality for each fiscal year shall be the percentage of covered payroll approved by the Board on the basis of the most recent actuarial valuation and shall equal: (1) The normal cost; plus (2) Adjustments for …

§ 8843. Fund established. There shall be established a County and Municipal Police/Firefighter Retirement Fund, hereinafter referred to as the “Fund,” separate and distinct from the fund established under subchapters II and III of Chapter 83 of this title, to which county or muni…

§ 8844. Employer pickup of member contributions. (a) Each participating employer, pursuant to the provisions of § 414(h)(2) of the United States Internal Revenue Code [26 U.S.C. § 414(h)(2)], shall pick up and pay the contributions which would otherwise be payable by the members …

§ 8845. Payment of benefits. Benefits shall be due and payable under this chapter only to the extent provided in this chapter, and neither the State nor the County and Municipal Police/Firefighter Retirement Fund shall be liable for any amount in excess of such sums.71 Del. Laws,…

§ 8846. Burial benefits. (a) After July 1, 2016, upon the death of a member under this chapter, a benefit will be paid in the same manner as benefits provided under § 5546 of Title 29. (b) The benefit granted under this section shall not be construed as a contractual obligation o…

§ 8901. Established; employees. (a) The Statistical Analysis Center is hereby located within the Criminal Justice Council. The Director of the Statistical Analysis Center shall be qualified by education or experience to carry out the mission of the Statistical Analysis Center and…

§ 8901A. Mission statement. The Delaware Sentencing Guidelines and Accountability Commission is an independent body committed to studying and utilizing evidence-based sentencing practices and updating sentencing guidelines to: (1) Hold individuals convicted of criminal acts accou…

§ 8901B. Definitions. As used in this chapter: (1) “911 dispatcher” is as defined in § 10002 of Title 16. (2) “Law-enforcement agency” means a government agency or any subunit thereof which performs the administration of criminal justice pursuant to state or federal law or execut…

§ 8902. Mission. The Statistical Analysis Center shall provide the State with a professional capability for objective, interpretive analysis of data relating to crime and criminal justice issues in order to improve the effectiveness of policy-making, program development, planning…

§ 8902A. Established. (a) The Delaware Sentencing Guidelines and Accountability Commission ( “Commission” ) is hereby established. (b) For administrative and budgetary purposes, the Commission shall be placed within the Criminal Justice Council.85 Del. Laws, c. 367, § 2;

§ 8902B. Provision of call location information by wireless service provider to law enforcement. (a) Upon request of a law-enforcement agency or a public safety answering point on behalf of a law-enforcement agency, a wireless provider shall provide call location information conc…

§ 8903. General powers and duties. In pursuit of its mission, the Statistical Analysis Center shall have the following powers, duties, and functions: (1) Generate statistical and analytical products concerning crime and the criminal justice system in the State; (2) Provide statis…

§ 8903A. Commission membership. (a) The 9 members of the Commission are as follows: (1) Three members of the judiciary appointed by the Chief Justice. (2) Three members from the Department of Justice, Criminal Division, appointed by the Attorney General. (3) Two members from the …

§ 8904. Access to information and data. The Statistical Analysis Center shall have full access to all information and data in any form, including computerized files and official records, to accomplish its research and analysis. All data referencing individuals shall be used only …

§ 8904A. Employees. (a) The Commission shall select an executive director to serve at the pleasure of the Commission. The executive director’s responsibilities include all of the following: (1) Act as secretary to the Commission and ensure performance of all tasks assigned to the…

§ 8905. 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 assistance as may reasonably be requested by the Statistical Analysis Center to c…

§ 8905A. Powers and duties. (a) The Commission shall review the current sentencing guidelines on an ongoing basis and recommend updates to the guidelines and the Delaware Code as appropriate to ensure sentencing consistent with the seriousness of the offense and taking into consi…

§ 8906A. Annual report and data collection. (a) The Commission shall annually compile a report describing any substantive changes made to the guidelines during the preceding year. (b) The Commission shall submit the report to all of the following not later than October 1 of each …

§ 9001. Declaration of purpose. The General Assembly hereby declares that it serves a purpose, and is of benefit to the State, to indemnify those persons who are victims of crimes committed within the State or Delaware victims of terrorist acts, and it is therefore the declared p…

§ 9002. Definitions. For purposes of this chapter: (1) “Agency” means the Victims’ Compensation Assistance Program. (2) “Appeals Board” means the Victims’ Compensation Assistance Program Appeals Board. (3) “Child” means an unmarried person who is under 18 years of age, and includ…

§ 9003. Advisory Council. (a) The Victims’ Compensation Assistance Program Advisory Council (“Council”) is comprised of the following members, or a designee selected by the member serving by virtue of position: (1) The Attorney General. (2) The Chairperson of the Victim’s Rights …

§ 9004. Functions of the Council. The Council shall have the following functions, powers and duties: (1) To review and comment on such rules and regulations as are proposed by the Agency. (2) To serve in an advisory capacity to the Agency and Appeals Board. (3) Recommend adoption…