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Delaware Statutes, Title 11

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Delaware/Statutes

← All Delaware coverage

Title 11, Crimes and Criminal Procedure

53 chapters · 1,301 sections in this title.

All chapters in Title 111,301 Ch 5, SPECIFIC OFFENSES432 Ch 85, STATE BUREAU OF IDENTIFICATION85 Ch 65, DEPARTMENT OF CORRECTION69 Ch 83, STATE POLICE49 Ch 43, SENTENCING, PROBATION, PAROLE AND PA…48 Ch 25, EXTRADITION AND DETAINERS41 Ch 2, General Provisions Concerning Offenses40 Ch 4, Defenses to Criminal Liability34 Ch 35, WITNESSES AND EVIDENCE29 Ch 88, Delaware County and Municipal Police…29 Ch 19, ARREST AND COMMITMENT; FRESH PURSUIT26 Ch 94, Crime Victims’ Bill of Rights26 Ch 42, Classification of Offenses; Sentences25 Ch 90, Compensation for Innocent Victims of…25

1,301 sections·Filtered byTitle 11✕

11 Del. C. § 6604. Enforcement.
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§ 6604. Enforcement. (a) By August 11, 2012, all affected correctional institutions in Delaware shall adopt policies and procedures, pursuant to this chapter as contemplated by § 4322(d) of this title. (b) Correctional institutions shall inform pregnant and postpartum prisoners o…
11 Del. C. § 6605. Annual report.
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§ 6605. Annual report. No later than 30 days before the end of each fiscal year, the Commissioner of the Department of Correction shall submit a written report to the Office of the Governor, the Chairs of the House Corrections Committee and the Senate Corrections and Public Safet…
11 Del. C. § 6701. Findings and purposes.
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§ 6701. Findings and purposes. (a) The General Assembly hereby finds that certain offenders, especially young adults, respond positively to a short term military-type program which would provide for the restructuring of behavior through a highly-regimented routine of physical exe…
11 Del. C. § 6702. Definitions.
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§ 6702. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them herein, except where the context clearly indicates a different meaning: (1) “Bureau” shall mean the Bureau of Prisons. (2) “Department” shall mean the …

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11 Del. C. § 6703. “Violent crime” defined.

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§ 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…

11 Del. C. § 6704. Establishment of boot camp programs.

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§ 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…

11 Del. C. § 6705. Sentencing; boot camp designation.

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§ 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…

11 Del. C. § 6706. Criteria for selection and classification by the Bureau.

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§ 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…

11 Del. C. § 6707. Contract; admission into the program.

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§ 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…

11 Del. C. § 6708. Evaluation of program participants.

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§ 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…

11 Del. C. § 6709. Conduct and administration of boot camp program.

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§ 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; …

11 Del. C. § 6710. Sanctions; removal from the program.

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§ 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…

11 Del. C. § 6711. Aftercare; intensive parole supervision.

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§ 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 …

11 Del. C. § 6712. First offender boot camp diversion program [Repealed].

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§ 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…

11 Del. C. § 8101. Declaration of policy.

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§ 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;

11 Del. C. § 8102. Procedure for certain seized, recovered firearms, shell casings.

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§ 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 …

11 Del. C. § 8201. Appointment and classification; primary duty.

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§ 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…

11 Del. C. § 8202. Powers and duties of Capitol Police; local police officers assisting Capitol Police.

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§ 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 …

11 Del. C. § 8203. Salaries.

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§ 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;

11 Del. C. § 8204. Uniforms.

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§ 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;

11 Del. C. § 8205. Capitol Police stations; location, staff and equipment.

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§ 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, …

11 Del. C. § 8301. Appointment and classification; primary duty.

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§ 8301. 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 relating to the weight, spe…

11 Del. C. § 8302. Powers and duties of State Police; local police officers assisting State Police.

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§ 8302. Powers and duties of State Police; local police officers assisting State Police. (a) State 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 ac…

11 Del. C. § 8303. Salaries.

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§ 8303. Salaries. Each of the State Police shall receive a salary in accordance with the current State Police compensation schedule. Years of service commence as of anniversary date of hire. The Superintendent of State Police shall receive a salary that is 5% greater than the Ass…

11 Del. C. § 8304. Uniforms.

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§ 8304. Uniforms. The Superintendent of State Police shall, subject to the approval of the Department, prescribe the specifications for the standard uniforms to be used by the State Police.34 Del. Laws, c. 84; 37 Del. Laws, c. 73; Code 1935, § 5748; 43 Del. Laws, c. 263, § 1; 11 …

11 Del. C. § 8305. State Police stations; location, staff and equipment.

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§ 8305. State Police stations; location, staff and equipment. The Department shall establish and maintain at least 5 State Police stations in the State, 1 of which shall be located at Penny Hill, New Castle County, 1 of which shall be located at or near the intersection of Routes…

11 Del. C. § 8306. Work week.

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§ 8306. Work week. The regular work week of all members of the State Police appointed by the Department shall consist of a 5-day, 40-hour week, except at such times as the Department, acting upon the specific recommendation of the Superintendent of State Police, may declare a lon…

11 Del. C. § 8307. Disposition of lost or stolen property or money.

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§ 8307. Disposition of lost or stolen property or money. (a) Whenever any personal property of any kind, except money, comes into the custody of the State Police and the person entitled to possession of the same cannot be located and fails to claim the same for a period of 1 year…

11 Del. C. § 8308. Crime Reduction Fund.

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§ 8308. Crime Reduction Fund. (a) The Superintendent of the State Police is authorized to administer a fund to be known as the “Crime Reduction Fund.” (b) Expenses for the administration of this Fund shall be paid by the State Treasurer out of funds of the General Fund, not other…

11 Del. C. § 8322. Police Retirement Fund.

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§ 8322. Police Retirement Fund. The Police Retirement Fund, hereafter in this subchapter referred to as “Fund,” shall be created in the following manner: All rewards offered for any particular service, when otherwise payable to any member of the State Police, shall be paid to the…

11 Del. C. § 8323. Eligibility for pensions; employment of pension beneficiaries by the State; exceptions.

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§ 8323. Eligibility for pensions; employment of pension beneficiaries by the State; exceptions. (a) Any member of the State Police who has served as such for a period of 20 years may retire, or any member who has reached the age of 55 years shall be retired; in either event, the …

11 Del. C. § 8324. Eligibility of permanently injured; retirement for injury or disease.

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§ 8324. Eligibility of permanently injured; retirement for injury or disease. Any former, present or future member of the State Highway Police or the State Police, who has heretofore received or who may hereafter receive permanent injuries in the performance of the member’s dutie…

11 Del. C. § 8325. Eligibility of dependents.

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§ 8325. Eligibility of dependents. The surviving spouse or minor children or sole dependent parent of any member of the State Police, who shall have heretofore or shall hereafter die after having been retired or after having been eligible to retire under this subchapter, or who s…

11 Del. C. § 8326. Nonoccupational disability pension; eligibility.

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§ 8326. Nonoccupational disability pension; eligibility. Any present or future member of the State Police who shall become disabled due to any nonoccupational injury or disease, or who shall die while an active member of the State Police and after having served as an active membe…

11 Del. C. § 8327. Limitations on pension benefits.

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§ 8327. Limitations on pension benefits. Sections 8323, 8324 and 8326 of this title shall apply to and be for the benefit of any member of the State Police retired as of June 28, 1963, or at any time thereafter, or to the surviving spouse, minor children or sole dependent parent,…

11 Del. C. § 8328. Adjustment of benefits.

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§ 8328. Adjustment of benefits. (a) On and after July 1, 1972, no pension which has been in effect for 3 years shall be subject to adjustment. This provision shall not apply to adjustments of pensions required to implement subsection (b) of this section. (b) Effective September 1…

11 Del. C. § 8329. Withdrawal of pension contributions.

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§ 8329. Withdrawal of pension contributions. Upon the withdrawal from service of a member who is not eligible for a service or disability pension, the accumulated contributions with interest shall be paid to the member. This section shall be applied retrospectively to members who…

11 Del. C. § 8330. Employer pickup of employee contributions.

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§ 8330. Employer pickup of employee 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 member…

11 Del. C. § 8331. Burial benefits.

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§ 8331. Burial benefits. (a) Upon the death of an individual receiving a pension under this subchapter, a benefit will be paid from the Fund 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 co…

11 Del. C. § 8332. Payment of benefits.

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§ 8332. 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 Closed State Police Retirement Fund shall be liable for any amount in excess of such sums.71 Del. Laws, c. 132, § 85;

11 Del. C. § 8333. Attachment and assignment of benefits.

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§ 8333. Attachment and assignment of benefits. 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 beneficiary designat…

11 Del. C. § 8334. Establishment of Fund.

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§ 8334. Establishment of Fund. There shall be established a State Police Retirement Fund, hereinafter referred to as “Fund,” to which state appropriations and other employer contributions shall be deposited monthly and to which employee contributions shall be deposited upon deduc…

11 Del. C. § 8351. Definitions.

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§ 8351. Definitions. For purposes of this subchapter: (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 …

11 Del. C. § 8352. Employment of pensioners.

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§ 8352. Employment of pensioners. An individual shall not receive a pension under this subchapter for any month during which the individual is an employee, as defined in § 8351(5) of this title or § 5501 of Title 29, unless the individual is: (1) An official elected by popular vo…

11 Del. C. § 8353. Attachment and assignment of benefits.

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§ 8353. Attachment and assignment of benefits. 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 beneficiary designat…

11 Del. C. § 8354. Powers and duties of the Board.

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§ 8354. 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, § 2;

11 Del. C. § 8361. Mandatory retirement.

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§ 8361. Mandatory retirement. A member may retire after accumulating 20 years of credited service as defined in § 8351(3)a. of this title, or shall be retired upon reaching the age of 55 years.62 Del. Laws, c. 361, § 1; 66 Del. Laws, c. 192, § 2; 72 Del. Laws, c. 483, § 2;

11 Del. C. § 8362. Retirement option.

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§ 8362. Retirement option. When the member applies for a pension, the member shall choose either a unified pension or an ordinary pension.62 Del. Laws, c. 361, § 1; 67 Del. Laws, c. 86, § 9; 70 Del. Laws, c. 186, § 1;

11 Del. C. § 8363. Eligibility for service pension.

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§ 8363. 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 10 years of credited service, and has attained age 62; or (2) The member’s age p…

11 Del. C. § 8364. Vested rights; cancellation of service credits.

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§ 8364. Vested rights; cancellation of service credits. (a) A member who has 10 years of credited service shall have a vested right to a service pension. (b) If a member who has less than 10 years of credited service ceases to be an employee, the member’s service credits to the d…