Title 11 — Crimes and Criminal Procedure

§ 6703. “Violent crime” defined. For purposes of this chapter, the words “violent crime” shall mean: abuse of an adult who is impaired; abuse of a patient in a nursing facility; abuse of a patient causing injury; abuse of a patient causing death; adulteration causing death; adult…

§ 6704. Establishment of boot camp programs. (a) The Bureau of Prisons may establish 1 or more regimented boot camp inmate training programs. Subject to appropriations therefor, each such program shall include, but not be limited to: (1) A military-style intensive physical traini…

§ 6705. Sentencing; boot camp designation. (a) Each participant in the boot camp program shall have first been convicted of a criminal offense. The selection of boot camp participants shall be made by the Bureau from those offenders not otherwise excluded under this section. Howe…

§ 6706. Criteria for selection and classification by the Bureau. In order for a person to be eligible for selection by the Bureau for the boot camp program, such person shall: (1) Not be subject to any of the exclusionary criteria under § 6705(b) or (c) of this title; (2) Be at l…

§ 6707. Contract; admission into the program. No offender may participate in the boot camp program unless such individual voluntarily enrolls by agreeing to be bound by a written contract with the Bureau, which contract shall clearly set forth the obligations, duties, responsibil…

§ 6708. Evaluation of program participants. Each participant shall be evaluated by members of the boot camp staff on a continual basis throughout the period of such person’s participation in the program. Such evaluation shall include the participant’s performance within the progr…

§ 6709. Conduct and administration of boot camp program. (a) The program shall be a rigorous military-type program which, among other features, shall include mandatory physical training; hard labor which has a rational goal or objective; military formations, drills and courtesy; …

§ 6710. Sanctions; removal from the program. (a) A participant who is accepted into the boot camp program shall not receive any credit for time spent in the program, except for actual time served, unless such participant completes the full program. Before any participant is deeme…

§ 6711. Aftercare; intensive parole supervision. A person who has successfully completed the boot camp program shall be placed under parole supervision (Level IV or Level III supervision). During this period, such person shall participate in an aftercare program which emphasizes …

§ 6712. First offender boot camp diversion program [Repealed].71 Del. Laws, c. 174, § 4; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 484, §§ 2-7; 74 Del. Laws, c. 106, §§ 11, 12; 75 Del. Laws, c. 167, § 1; 78 Del. Laws, c. 13, §§ 17-19; repealed by 82 Del. Laws, c. 217, § 20, eff…

§ 8101. Declaration of policy. It shall be the policy of this State for its various law-enforcement agencies to fully employ electronic technology and interjurisdictional information and analysis sharing programs to deter and solve gun crimes.80 Del. Laws, c. 426, § 1;

§ 8102. Procedure for certain seized, recovered firearms, shell casings. (a) Whenever a law-enforcement agency seizes or recovers a firearm that was unlawfully possessed, used for any unlawful purpose, recovered from the scene of a crime, is reasonably believed to have been used …

§ 8201. Appointment and classification; primary duty. The Department of Safety and Homeland Security, hereinafter in this chapter referred to as “Department,” may appoint police officers whose primary duty shall be to compel the enforcement of all laws within the State. They shal…

§ 8202. Powers and duties of Capitol Police; local police officers assisting Capitol Police. Capitol Police shall have police powers similar to those of constables and other police officers, and shall be conservators of the peace throughout the State, and they shall suppress all …

§ 8203. Salaries. Each of the Capitol Police shall receive a salary in accordance with the current annual State Budget Act.75 Del. Laws, c. 322, § 4;

§ 8204. Uniforms. The Chief of Capitol Police shall, subject to the approval of the Department, prescribe the specifications for the standard uniforms to be used by the Capitol Police.75 Del. Laws, c. 322, § 4;

§ 8205. Capitol Police stations; location, staff and equipment. The Department shall establish and maintain at least 3 Capitol Police offices in the State, 1 of which shall be located at New Castle County Courthouse, New Castle County, 1 of which shall be located in Kent County, …

§ 8401. Definitions. As used in this chapter: (1) “Approved school” means a school authorized by the Commission to provide mandatory training and education for police officers as prescribed in this chapter. (2) “Articulation agreement” means a written agreement for the transfer o…

§ 8401A. Definitions. For the purposes of this chapter all terms mean as defined as in § 8401 of this title. 83 Del. Laws, c. 83, § 3;

§ 8401B. Definitions. As used in this chapter “law-enforcement agency” means the Delaware State Police, the Wilmington City Police Department, the New Castle County Police, the University of Delaware Police Division, the Delaware State University Police Department, the police for…

§ 8402. Members of Commission. (a) The Commission shall be composed of 17 members. (b) The Commission shall be composed of the following members: (1) A chairperson to be appointed by and to serve at the pleasure of the Governor. The chairperson must have substantial practical exp…

§ 8402A. Body-worn camera requirements. (a) In accordance with the regulations established in §§ 8404, 4321, and 9003 of this title, a police officer, a probation and parole officer of the Department of Correction assigned to a law-enforcement task force, and an employee of the D…

§ 8402B. Law-enforcement agency agreements; prohibitions. (a) A law-enforcement agency may not enter into, modify, renew, or extend an agreement for either of the following: (1) To exercise federal civil immigration authority under § 287(g) of the Immigration and Nationality Act …

§ 8403. Organization of Commission. (a) A vice-chairperson and a Secretary shall be elected from among the members of the Commission. The Commission shall hold no less than 4 regular meetings each year and may meet at such other times as it may determine. The chairperson shall fi…

§ 8404. Powers and duties [Effective Feb. 20, 2027]. (a) The Commission shall do all of the following: (1) Establish minimum qualifications for applicants as police officers. (2) Establish minimum educational and training qualifications requisite to permanent appointment as a pol…

§ 8404A. Hearings. In all situations where the provisions of § 8404(a)(4) or § 8410(b) of this title are to be applied to or invoked against any agency or individual, that agency or individual shall be entitled to a hearing in the manner prescribed herein: (1) The chairperson sha…

§ 8405. Mandatory training; exceptions. (a) Except as provided in subsection (e) of this section, every municipality or other governmental unit of this State employing or intending to employ police officers shall require their attendance at an approved school. Every such municipa…

§ 8406. [Reserved.]

§ 8407. Compensation. During any training program, the compensation or wages of any trainee police officer shall be the responsibility of the employing authority. The responsibility for providing all other costs, including but not limited to tuition, living expenses, books and eq…

§ 8408. Appropriations. The General Assembly shall appropriate each year to the Commission through the Department of Safety and Homeland Security such funds as are necessary for the purpose of carrying out this chapter.11 Del. C. 1953, § 8410; 57 Del. Laws, c. 261; 57 Del. Laws, …

§ 8409. Reimbursement [For application of this section, see 84 Del. Laws, c. 52, § 2]. (a) Every municipality or other governmental unit of this State or the University of Delaware or Delaware State University intending to employ on a permanent basis police officers who have sati…

§ 8410. Uncertified police officers. (a) Police officers of the State or any county or municipality or the University of Delaware or Delaware State University who do not meet the requirements of this chapter and the criteria as established by the Commission have no authority to e…

§ 8411. Transition and continuity. As of August 7, 2023 all powers and duties formerly vested in the Council on Police Training, shall instead be invested in the Police Officer Standards and Training Commission.84 Del. Laws, c. 149, § 1;

§ 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…

§ 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…

§ 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…

§ 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…

§ 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;