Title 11 — Crimes and Criminal Procedure

§ 9009. Administrative provisions; compensation. A claimant, including an estate, may file a claim with the Agency for indemnification of all pecuniary loss: (1) If a claim is approved, the award must be the amount of pecuniary loss minus the amount the claimant has received or w…

§ 9010. Denial of claim; reduction. (a) The Agency shall deny payment of a claim for any of the following reasons: (1) Where the claimant was the perpetrator of the crime on which the claim is based. (2) Where the victim incurred the personal injury on which the claim is based th…

§ 9011. Payment of compensation. (a) Any person, regardless of age or mental condition, is entitled to make application for compensation under this chapter if the person is a claimant. In any instance in which the person entitled to make application is deemed by law to be a perso…

§ 9012. Form of claim; investigation—hearing. (a) All claims filed with the Agency must be in writing on the Agency’s provided claim form and signed by the claimant. The Agency shall initiate an investigation of the claim within 30 days of the filing of the claim. After this inve…

§ 9013. Attorney fees. A claimant need not be represented by an attorney before the Appeals Board, but if such person is represented the Appeals Board may award an amount for services rendered. Such fees shall not exceed $1,000 or 15% of the amount awarded, whichever sum is less,…

§ 9014. Recovery from the criminal. (a) Whenever any person is convicted of an offense and a payment of compensation is, or has been, made under this chapter for a personal injury or death resulting from the act constituting such offense, the State may institute an action against…

§ 9015. Assignment and subrogation. (a) Awards and recoveries granted under this chapter shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this chapter shall be subject to execution, levy, attachment, garnishment or other le…

§ 9016. Penalty assessment. (a) In addition to, and at the same time as, any fine is assessed to any criminal defendant or any child adjudicated delinquent, there must be levied an additional penalty of 18% of every fine, penalty, and forfeiture imposed and collected by the court…

§ 9017. Annual reports. The Department of Justice shall transmit to the Governor, State Auditor, and the General Assembly an annual report of the activity of the Agency under this chapter.59 Del. Laws, c. 519, § 1; 60 Del. Laws, c. 436, § 10; 69 Del. Laws, c. 250, § 1; 77 Del. La…

§ 9018. Compensating fine. In any court of the State upon the conviction of any person or the adjudication of delinquency of any child for a crime resulting in the personal injury or death of another person, the court may, in addition to any other penalty, and in addition to reim…

§ 9019. Oaths; production of witnesses and records. The Executive Director and each member of the Appeals Board shall have the power to administer oaths, subpoena witnesses and compel the production of books, papers and records relevant to any investigation or hearing authorized …

§ 9020. Filing false claim. (a) Any claim under this chapter, which is false in part or in whole, constitutes a false written statement in violation of § 1233 of this title. (b) Any person who files a false claim under this chapter shall forfeit any compensation and shall reimbur…

§ 9021. Persons to whom chapter applicable. This chapter shall apply to: (1) All persons, including nonresidents of Delaware, who are victims of crimes committed on January 1, 1975, or thereafter within this State; and (2) All Delaware residents and domiciliaries who are victims …

§ 9022. Conflict of interest. Any member of the Agency, Council, or Appeals Board with a direct or indirect interest in a matter in question shall disqualify themselves from any consideration of that matter.65 Del. Laws, c. 64, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 193…

§ 9023. Payment for forensic medical examinations for victims of sexual offense. (a) The cost of a forensic medical examination done for the purpose of gathering evidence that can be used in the prosecution of a sexual offense may be paid from the Victims’ Compensation Fund. (b) …

§ 9024. Payment for child psychological assessments and short-term counseling. (a) The costs of a psychological assessment done for the purposes of evaluating the mental health needs of a child victim may be paid from the Victims’ Compensation Fund. (b) The costs of short-term co…

§ 9025. Enactment. (a) To the extent that they may be under the administrative control of the Administrative Office of the Courts, as of July 1, 2009, the Executive Director and staff of the Violent Crime Compensation Board are transferred to the Department of Justice for budgeta…

§ 9101. Findings. The General Assembly finds that it is against public policy and the welfare of the citizens of Delaware to allow a person accused or convicted of a crime to benefit financially from a published reenactment of said crime or any incidents involved therein. The Gen…

§ 9102. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them except where the context clearly indicates a different meaning: (1) “Board” shall mean the Violent Crimes Compensation Board, as established by this ti…

§ 9103. Distribution of moneys. (a) Every person, firm, corporation, partnership, association or other legal entity contracting with any person or the representative or assignee of any person convicted of a crime in this State, with respect to the reenactment of such crime, by wa…

§ 9104. Board as exclusive escrow agent. Notwithstanding any other provisions of law, the Board shall have exclusive jurisdiction and control, as escrow agent, over any moneys subject to this chapter. No distribution of moneys in such escrow accounts shall be made except by deter…

§ 9105. Judicial review. Any party aggrieved by a final determination and order of the Board may appeal such final determination and order to the Superior Court.64 Del. Laws, c. 169, § 1;

§ 9106. Penalties. Any person convicted of a violation of this chapter shall be guilty of a class A misdemeanor.64 Del. Laws, c. 169, § 1;

§ 9200. Limitations on political activity; “law-enforcement officer” defined; rights of officers under investigation. (a) A law-enforcement officer within a jurisdiction in this State has the same rights to engage in political activity as are afforded to any other person. The rig…

§ 9201. Insertion of adverse material in officer’s file. No law-enforcement agency shall insert any adverse material into the file of any officer except the file of the internal investigation or the intelligence division unless the officer has had an opportunity to review, sign, …

§ 9202. Disclosure of personal assets. No officer shall be required or requested to disclose any item of personal property, income, assets, sources of income, debts, personal or domestic expenditures (including those of any member of the officer’s household), unless such informat…

§ 9203. Hearing — Required on suspension or other disciplinary action. If a law-enforcement officer is: (1) Suspended for any disciplinary reason; or (2) Charged with conduct alleged to violate the rules or regulations or general orders of the agency that employs the officer; or …

§ 9204. Hearing — Scheduling; notice. In the event an officer is entitled to a hearing, a hearing shall be scheduled within a reasonable period of time from the alleged incident, but in no event more than 45 days following the conclusion of the internal investigation, unless waiv…

§ 9205. Hearing — Procedure. (a) An official record including testimony and exhibits shall be kept of the hearing. (b) The hearing shall be conducted within the department by an impartial board of officers. The prosecuting party and the officer and/or the officer’s representative…

§ 9206. Hearing — Evidence obtained in violation of officer’s rights. No evidence may be obtained, received or admitted into evidence in any proceeding of any disciplinary action which violates any of the rights established by the United States Constitution or Delaware Constituti…

§ 9207. Hearing — Written decision and findings of fact to be delivered to officer. Any decision, order or action taken following the hearing shall be in writing and shall be accompanied by findings of fact. The findings shall consist of a concise statement upon each issue in the…

§ 9208. Extra work as punishment prohibited. No law-enforcement officer shall be compelled to work extra duty without compensation as a penalty for a disciplinary infraction. No suspension for any period of time provided in departmental rules and regulations shall affect the law-…

§ 9209. Application of chapter. The chapter shall apply to all law-enforcement disciplinary proceedings throughout the State, conducted by the law-enforcement agencies specified in § 9200(b) of this title.65 Del. Laws, c. 12, § 1; 65 Del. Laws, c. 139, § 5;

§ 9210. Authorized disclosures. (a) (1) Beginning on August 7, 2023, an investigating agency shall prepare, within 30 days following the completion of a formal investigation and the conclusion of any hearing required by this chapter, a detailed narrative of the investigation, not…

§ 9211. Annual reporting and record retention. (a) Beginning in 2024, each law-enforcement agency shall annually report to the Criminal Justice Council (CJC), and the CJC shall post on its website, all of the following information: (1) The number of public complaints and internal…

§ 9301. Police chief removal; right to hearing; appeal. (a) No colonel, chief of police or any officer who is the highest ranking officer of a legislatively authorized police department within this State, except the Police Chief of the City of Wilmington, Chief of New Castle Coun…

§ 9501. Purpose. (a) The General Assembly finds and declares that: (1) The resolution of felony, misdemeanor and juvenile delinquent offenses can be costly and complex in a judicial setting where the parties involved are necessarily in an adversary posture and subject to formaliz…

§ 9502. Program funding; operation; supervision. (a) There is hereby established a Victim-Offender Alternative Case Resolution Committee to be composed of the Attorney General, Chief Defender, Chief Judge of the Court of Common Pleas, Director of the Criminal Justice Council, and…

§ 9503. Confidentiality. (a) All memoranda, work notes or products, case files or programs, and data collected under this chapter are confidential and privileged. This information is not subject to disclosure in any judicial or administrative proceeding. (b) Confidentiality under…

§ 9504. Eligibility. (a) An offender may not be admitted to the program unless the Attorney General certifies that the offender is appropriate for the program, regardless of any criteria established under any program or this chapter. (b) A person who voluntarily enters an alterna…

§ 9505. Immunity. (a) Members of the Victim-Offender Alternative Case Resolution Committee or board of directors of an organization with a victim-offender alternative case resolution program are immune from suit in any civil action based upon any proceedings or other official act…

§ 9701. Legislative intent. WHEREAS, the safety of all Delawareans is of paramount importance; and WHEREAS, municipal, county, university, and Delaware River and Bay Authority police departments, in addition to the Delaware State Police and other State agency police departments, …

§ 9702. Establishment of the Delaware Police Accreditation Commission. (a) The Delaware Police Accreditation Commission (hereinafter “the DPAC”) is hereby created. (b) The DPAC is comprised of the following 12 members serving by virtue of position, or a designee appointed by the …

§ 9703. Specific functions, bylaws. The purpose of the DPAC shall be to provide policy level direction and draft and implement state level police accreditation standards for matters related to accreditation. To that end, it shall: (1) Develop a statewide police accreditation prog…

§ 9801. Definitions [For application of this section, see 84 Del. Laws, c. 372, § 3]. For purposes of this chapter: (1) “DELJIS” means the Delaware Criminal Justice Information System. (2) “Firearm” means as defined in § 8571 of this title. (3) “Law-enforcement agency” means an a…

§ 9802. Voluntary Firearms Do-Not-Sell Registry [For application of this section, see 84 Del. Laws, c. 372, § 3]. (a) The Superintendent of the Delaware State Police shall create a Voluntary Firearms Do-Not-Sell Registry in which an applicant may voluntarily enroll for the purpos…

§ 9803. Penalties [For application of this section, see 84 Del. Laws, c. 372, § 3]. (a) A person who knowingly sells or transfers a firearm to an individual in violation of this chapter is guilty of a class A misdemeanor. A second or subsequent offense by an individual is a class…

§ 9804. Nondiscrimination [For application of this section, see 84 Del. Laws, c. 372, § 3]. A person may not discriminate against any individual with respect to health-care services, employment, education, housing, insurance, governmental benefits, or contracting because that per…

§ 9805. Rules and regulations [For application of this section, see 84 Del. Laws, c. 372, § 3]. The Superintendent may promulgate rules and regulations necessary to administer and enforce this chapter. 84 Del. Laws, c. 372, § 1;

§ 9901. Family Justice Centers; established [For application of this section, see 84 Del. Laws, c. 508, § 2]. (a) Family Justice Centers are hereby established and located within the Criminal Justice Council. (b) The Family Justice Center Council established under § 9906 of this …