11 DE Code § 8404. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 84. Delaware Police Training Program|§ 8404. Powers and duties.

§ 8404. Powers and duties. (a) The Council may:  (1) Establish minimum qualifications for applicants as police officers; (2) Establish minimum educational and training qualifications requisite to permanent appointment as a police officer; (3) Issue certification of completion of police officer training prescribed under this chapter; (4) Suspend or revoke certification in the event that an individual:  a. Obtained a certificate by fraud or deceit; b. Has failed to successfully complete any in-service or advanced training required by the Council; c. Has been convicted of a felony, or of a misdemeanor involving moral turpitude, or of any local, state or federal criminal offense involving, but not limited to, theft, fraud, or violation of the public trust, or of any drug law; d. Has been found, after examination by a licensed psychologist or psychiatrist, to be psychologically or emotionally unfit to perform the duties or exercise the powers and authority of a police officer; e. Has received a hearing pursuant to the Police Officer's Bill of Rights, or who has knowingly and voluntarily waived that individual's right to such a hearing and:  1. Has been discharged from employment with a law-enforcement agency for a breach of internal discipline; or 2. Has retired or resigned prior to the entry of findings of fact concerning an alleged breach of internal discipline for which the individual could have been legitimately discharged had the individual not retired from or resigned that individual's position prior to the imposition of discipline by the employing agency. (5) Prescribe standards for in-service or continued training of police officers, which shall include at least 2 hours every 4 years on the detection, prevention and prosecution of sexual assault for all police officers who perform uniformed patrol duties or are assigned to investigative units responsible for sex crimes, and which training shall be conducted on a staggered basis so that half of the eligible members of any law-enforcement or police organization receive said training in each 2-year period; (6) Establish minimum educational and training qualifications for seasonal employment as a police officer; (7) Establish certification and recertification requirements for police officer applicants who have previously been employed with permanent appointment as a police officer but have not been so employed within the 12 months prior to application; (8) Prescribe equipment and facility standards for schools at which police training courses shall be conducted, including but not limited to existing county or municipal schools; (9) Establish minimum training requirements, attendance requirements and standards of operations for police training schools; (10) Prescribe minimum qualifications for instructors at such schools and certify, as qualified, or decertify such instructors to their particular courses of study; (11) Approve and issue certificates of approval to such police training schools, to inspect such schools from time to time and to revoke for cause any approval or certificate issued to such schools; (12) Consult and cooperate with all agencies of government, state and local, concerning the development and administration of the training and standard program and to contract with such agencies as it deems necessary to the performance of its powers and duties; (13) Accept or receive grants or donations from any source, public or private, for the purposes of this chapter; (14) Make such rules and regulations as may be necessary to carry out the purposes and objectives of this chapter; (15) Provide a modification from the application of any provision of this chapter or the rules and regulations promulgated thereunder, for any police officer of a municipality if:  a. The police officer is employed on a seasonal basis; and b. The municipality makes application for such modification and establishes that it will suffer a hardship if the modification is not granted; (16) Establish an approved training program for seasonal police officers which shall be required prior to active police duty, and in addition, if the officer is to be armed, that the police officer be certified in the use of firearms at an approved police training school; (17) Authorize articulation agreements between an approved school and an accredited institution of higher education located in the State for the provision of police officer training prescribed under this chapter; (18) Establish the criteria to afford reciprocity to police officers certified in other states by an agency like the Council or by the federal government by waiving some or all of the minimum education and training qualifications for police officers under this chapter if they have satisfied substantially equivalent education and training; (19) Mandate training for all persons seeking permanent or seasonal appointment as a police officer in the detection, prosecution and prevention of child sexual and physical abuse, exploitation and domestic violence, and the obligations imposed by Delaware law, including § 903 of Title 16, and federal law in the prompt reporting thereof. Such training shall be coordinated under §§ 911 and 931(b)(4) of Title 16 to ensure consistent trainings across disciplines. (b) The Director of the Delaware State Police Training Division shall be responsible for administering the mandatory training and education for police officers program with responsibility and authority to obtain professional assistance from other police and professional organizations to accomplish the purposes and objectives of the program. (c) The Council shall propose regulations detailing mandatory standards for the use of body-worn cameras by police officers no later than January 15, 2022, to ensure widespread and consistent use of body-worn cameras. While developing the standards, the Council shall hold a minimum of 2 public meetings to solicit input from the community on the body-worn camera regulations to ensure that victims' rights advocates, community groups, and member of the public have an opportunity to contribute to the development of the regulations. The Council shall include the Delaware State Troopers Association and the Delaware Fraternal Order of Police in discussions concerning regulations detailing mandatory standards for the use of body-worn cameras by police officers. The Council shall consult with the Department of Correction, the Department of Services for Children, Youth, and Their Families, and the Office of Defense Services in the development of the regulations. Notwithstanding anything to the contrary in Chapter 101 of Title 29, the regulations shall not come into effect until after review by the Delaware State Troopers Association and the Delaware Fraternal Order of Police and formal approval by the Council on Police Training. At a minimum, the regulations shall address standards governing body-worn cameras use, activation, electronic storage, and dissemination. 11 Del. C. 1953, §  8405;  57 Del. Laws, c. 261;  57 Del. Laws, c. 670, §  1D;  63 Del. Laws, c. 31, §  1;  67 Del. Laws, c. 313, §  1;  68 Del. Laws, c. 330, §§  2-4;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 331, §§  2-4;  77 Del. Laws, c. 323, §  3;  80 Del. Laws, c. 55, §  1;  80 Del. Laws, c. 187, §  8;  83 Del. Laws, c. 83, § 2;