reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8363. Eligibility for service pension.

§ 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 plus credited service (but not less than 10 years) equals 75; or
(3) The member has 10 years of service and is retired due to age, pursuant to § 8361 of this title; or
(4) The member has 20 years of credited service.
(b) An inactive member with a vested right to a service pension shall become eligible to receive such pension, computed in accordance with this subchapter in effect when the member ceased to be an employee, beginning with the first month after attainment of age 62.
(c) For purposes of this section, credited service shall include any period during which a member is receiving a disability pension as provided by this subchapter.
(d) Any member of the Delaware River and Bay Authority Police Department, the University of Delaware Police Department or a municipal police department not covered under § 8351(6) of this title who is subsequently employed by the Delaware State Police may receive credit for such previous service upon payment to the Fund, on or before the date of issuance of the individual's first benefit check, of a single lump sum payment equal to the actuarial value of the pension benefits to be derived from such service credits compiled on the basis of actuarial assumptions approved by the Board and the individual's attained age and final average compensation.
62 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 483, §  1;  73 Del. Laws, c. 373, §  1;  74 Del. Laws, c. 412, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8364. Vested rights; cancellation of service credits.

§ 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 date of termination shall be cancelled unless:
(1) The member again becomes an employee within 4 months after such cessation of employment; or
(2) The member subsequently acquires 5 years of credited service; or
(3) The member has joined the state employees' pension system; and provided that if the member has withdrawn contributions the member repays with interest at a rate determined by the Board.
(c) For purposes of this section, credited service shall include any period during which a member is receiving a disability pension as provided by this subchapter.
(d) A former employee's vested right shall be forfeited upon application for a refund of accumulated contributions.
62 Del. Laws, c. 361, §  1;  67 Del. Laws, c. 86, §  12;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8365. Eligibility for disability pension.

§ 8365. 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 shall be eligible for a duty-connected disability pension. If such act involves a traumatic event which directly causes an immediate cardiovascular condition which results in partial or total disability, the member shall be eligible for a partial or total duty-connected disability pension.
(b) A member with 5 years of credited service who suffers a partial or total disability and who is not eligible for a duty-connected disability pension shall be eligible for an ordinary partial or total disability pension.
(c) The determination of disability and its cause shall be made by the Board, or, if so delegated by the Board, by the Executive Secretary, after review of medical documentation submitted by the applicant in the form required by the Board.
(d) For the purposes of this section, whether a member is employed as an on-duty state trooper, as a municipal officer pursuant to a contract with the State, or on an authorized special duty function, the following duties shall be presumed to occur only while employed as a police officer, without limiting the scope of acts embraced by subsection (a) of this section:
(1) Engaging in a high-speed chase;
(2) Effecting an arrest (criminal or traffic);
(3) Pursuing a suspect (criminal or traffic);
(4) Patrolling (criminal or traffic);
(5) Directing traffic or removing traffic hazards;
(6) Assisting a civilian, for example, a motorist alongside of the highway or rendering aid in a life-threatening situation (fire, drowning);
(7) In-service training other than physical fitness;
(8) Performing police functions at a crime scene or in connection with the investigation thereof; or
(9) Being assaulted whether by a suspect, detainee, arrestee, prisoner or mental patient.
62 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 374, §  1;  82 Del. Laws, c. 87, § 3;  83 Del. Laws, c. 286, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8366. Payment of service pension.

§ 8366. 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.
62 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8367. Payment of disability pension.

§ 8367. 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) [Repealed.]
(c) If a member who is initially determined to be totally disabled recovers, yet is still partially disabled, the total disability pension shall be reduced to a partial disability pension for as long as the member shall remain partially disabled.
(d) If a member who is disabled recovers and is no longer totally or partially disabled, the disability pension shall be discontinued unless:
(1) The member has reached normal retirement date; or
(2) In the case of a duty-connected disability, the member is not offered employment by the State in a position for which the member is suited by training and experience.
(e) A member aggrieved by the reclassification or termination of disability pension pursuant to subsection (c) or (d) of this section may appeal such decision to the Superior Court within 30 days of the day the decision is mailed. The appeal shall be on the record, without a trial de novo. The Court may remand the case to the Board for further proceedings on the record if the Court determines that the record is insufficient for review. When factual determinations are at issue, the Court's review, in the absence of actual fraud, shall be limited to a determination of whether the Board's decision is supported by substantial evidence in the record.
62 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 286, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8368. Amount of ordinary service pension [For application of this section, see 79 Del. Laws, c. 315, § 10].

§ 8368. Amount of ordinary service pension [For application of this section, see 79 Del. Laws, c. 315, § 10].
(a) 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 multiplied by years of service above 20 years.
(b) Notwithstanding provisions of this chapter to the contrary, a member may elect to have his or her service or disability pension computed under this chapter reduced by 2% thereby providing a survivor's pension equal to 2/3 of such reduced amount to the employee's eligible survivor or survivors at the time of the employee's death. This election must be made in a form approved by the Board, filed prior to the issuance of the employee's first benefit check and shall be irrevocable.
(c) Notwithstanding provisions of this chapter to the contrary, a member may elect to have his or her service or disability pension computed under this chapter reduced by 3% thereby providing a survivor's pension equal to 75% of such reduced amount to the employee's eligible survivor or survivors at the time of the employee's death. This election must be made in a form approved by the Board, filed prior to the issuance of the employee's first benefit check and shall be irrevocable.
(d) Notwithstanding provisions of this chapter to the contrary, a member may elect to have his or her service or disability pension computed under this chapter reduced by 6% thereby providing a survivor's pension equal to 100% of such reduced amount to the employee's eligible survivor or survivors at the time of the employee's death. This election must be made in a form approved by the Board, filed prior to the issuance of the employee's first benefit check and shall be irrevocable.
62 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 483, §  4;  79 Del. Laws, c. 315, §  7;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8369. Amount of unified service, disability or survivor pension.

§ 8369. 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:
(1) The amount computed according to subchapter III of this chapter, exclusive of service credited under § 8351(6) of this title; plus
(2) The sum of the amounts computed, based on credited service as an employee, according to subchapter II of Chapter 55 of Title 29; subchapter II of Chapter 55A of Title 29; and Chapter 88 of this title.
62 Del. Laws, c. 361, §  1;  67 Del. Laws, c. 86, §  7;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8370. Amount of duty-connected disability pension.

§ 8370. Amount of duty-connected disability pension.
(a) The duty-connected total disability pension shall be 75% of compensation plus 10% of compensation for each dependent during the period of dependency, not to exceed a total of 25% of compensation for all dependents.
(b) The duty-connected partial 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 a minimum of 50% of compensation.
(c) Medical costs made necessary by reason of duty-connected disability shall be paid by the Fund.
62 Del. Laws, c. 361, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8371. Amount of ordinary disability pension.

§ 8371. 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 pension shall be 50% of compensation plus 5% of compensation for each dependent during the period of dependency, not to exceed a total of 20% of compensation for all dependents; and
(2) In the case of partial disability, the minimum pension shall be 30% of compensation.
62 Del. Laws, c. 361, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8372. Ordinary survivor's pension [For application of this section, see 79 Del. Laws, c. 315, § 10].

§ 8372. 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 the primary survivor equal to 1/2 of the member's compensation.
(b) Upon the death of a member in service, whose death occurred in the line of duty, a monthly survivor's pension shall be payable to the primary survivor equal to three-quarters of the member's compensation.
(c) Upon the death of a retired member, a monthly survivor's pension shall be payable to the primary survivor and surviving dependents equal to the greater of:
(i) 1/2 of such service or disability pension; (ii) if such pension was computed under the provisions of § 8368(b) of this title,2/3 of such service or disability pension; (iii) if such pension was computed under the provisions of § 8368(c) of this title, 75% of such service or disability pension; or (iv) if such pension was computed under the provisions of § 8368(d) of this title, 100% of such service or disability pension. If the primary survivor is the surviving spouse, such person must have been married to the deceased member:
(1) Prior to retirement; or
(2) For at least 1 year before the date of death, unless the death was the result of an accident.
(d) A survivor's pension shall begin with the month following the month in which the member or retired member dies. If payable to a surviving spouse who dies, it shall become payable in the following month to the next primary survivor as defined in § 8351(13) of this title or cease with that month in the absence of eligible dependents. If payable to a child who dies or fails to meet the conditions of eligibility in § 8351(4) of this title it shall become payable in the following month to a dependent parent or cease with that month in the absence of eligible parents. If payable to a parent, it shall cease with the month in which the parent dies.
62 Del. Laws, c. 361, §  1;  67 Del. Laws, c. 86, §  16;  69 Del. Laws, c. 154, §  2;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 100, §§  1, 2;  79 Del. Laws, c. 315, §  8;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8373. Death benefit.

§ 8373. 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, inactive member, retired member or survivor, a lump sum equal to the excess, if any, of the accumulated member contributions with interest over the aggregate of all pension payments made.
62 Del. Laws, c. 361, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8374. Withdrawal benefit.

§ 8374. 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. There shall be a rebuttable presumption that a former member who fails to apply for a withdrawal benefit within 5 years after the date of withdrawal has waived the right to such benefit.
(b) If a member has a vested right to a service pension and withdraws from service and is not immediately eligible for a service or disability benefit, the member may request refund of accumulated contributions with interest. Refund of such contributions shall extinguish all rights to benefits under this subchapter.
62 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8375. Adjustment of benefits.

§ 8375. Adjustment of benefits.
(a) A pension payable under this subchapter 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.
(b) Any reduction in a member's salary, mandated as part of the FY 2010 Annual Appropriations Act [77 Del. Laws, c. 84] and implemented during FY 2010, shall not be used when computing an employee's final average compensation. Rather, the member's base salary as of June 30, 2009, shall be used in calculating the employee's final average compensation as defined in § 8351(7) of this title.
(c) If the final average compensation of an employee has been reduced because of a leave of absence resulting from presidential determinations to augment active forces, such employee shall have their final average compensation adjusted by their amount of military compensation. This adjustment will be no greater then what the employee would have received had they remained in employment for the period of leave. The employee will contribute 7% of the amount that was adjusted.
62 Del. Laws, c. 361, §  1;  77 Del. Laws, c. 84, §  87;  77 Del. Laws, c. 167, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8376. Application for benefits.

§ 8376. 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 earlier than the second month preceding the date on which the application for such benefit is filed.
(b) The Board may require any member, inactive member, retired member or eligible survivor to furnish such information as may be required for the determination of benefits under this subchapter, or to authorize the Board to procure such information. The Board may withhold payment of any pension under this subchapter, whenever the determination of such pension is dependent upon such information and the member, inactive member, retired member or eligible survivor does not cooperate in the furnishing or procuring thereof.
(c) A service pension, disability pension, or survivor's pension applied for under this act may be paid into a Miller Trust Bank account, pursuant to the creation of an irrevocable income assignment trust (“Miller Trust”), established on behalf of an eligible pensioner or survivor covered under this chapter who is a person with disabilities, so long as the Miller Trust is established consistent with the laws of the State of Delaware, the laws of the United States and in accordance with the rules and regulations of the local and federal agencies responsible for administering assistance programs for persons with disabilities.
62 Del. Laws, c. 361, §  1;  77 Del. Laws, c. 408, §  5;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8377. Dual membership prohibited.

§ 8377. Dual membership prohibited.
No member covered by this subchapter may be covered by subchapter II of this chapter.
62 Del. Laws, c. 361, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8391. Member contributions.

§ 8391. Member contributions.
Effective January 1, 2001, member contributions to the Fund shall be 7% of monthly compensation. Effective July 1, 1997, employee pension contributions made pursuant to this section shall not be subject to adjustment or recovery after the expiration of 3 full calendar years from December 31 of the year in which the contributions were made unless no contributions were paid during that calendar year.
62 Del. Laws, c. 361, §  1;  71 Del. Laws, c. 165, §  7;  72 Del. Laws, c. 483, §  3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8392. Actuarial valuations and appropriations.

§ 8392. Actuarial valuations and appropriations.
(a) The actuary shall prepare an actuarial valuation of the assets and liabilities of the funds as of June 30, each year. On the basis of reasonable actuarial assumptions and tables approved by the Board, the actuary shall determine the normal cost required to meet the actuarial cost of current service and the unfunded actuarial accrued liability.
(b) The State's appropriation to the funds for fiscal year 2008, and for each fiscal year thereafter, shall be the percentage of covered payroll approved by the Board on the basis of the most recent actuarial valuation, and shall equal the sum of the normal cost plus the payment required to implement the provisions of subsection (c) of this section plus the payment required to amortize the unfunded actuarial accrued liability using an open amortization period of 20 years. The amortization payment shall be an amount computed as a level percentage of the prospective total covered payroll over the remainder of the amortization periods, with such prospective total covered payroll to be determined on the basis of a growth rate, as determined by the Board, compounded annually. Except as provided in subsection (c) of this section, all funds appropriated pursuant to this subsection shall be deposited into the Fund established by § 8393 of this title.
(c) In order to provide a fund for postretirement increases, the State shall include in its annual appropriation payments equal to 2.33% of covered payroll, subject to the limitations contained in § 5548(a)(2) of Title 29. Beginning with the fiscal year 94 budget, .70% of covered payroll shall be appropriated; in fiscal year 95, 1.11% of covered payroll shall be appropriated; in fiscal year 96, 1.52% of covered payroll shall be appropriated; in fiscal year 97, 1.93% of covered payroll shall be appropriated; in fiscal year 98 and each fiscal year thereafter 2.33% of covered payroll shall be appropriated. Funds appropriated to implement this subsection shall be deposited into the Post Retirement Fund established by § 5548 of Title 29.
69 Del. Laws, c. 104, §  3;  76 Del. Laws, c. 80, §  68;  78 Del. Laws, c. 116, §  6;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8393. Establishment of Fund.

§ 8393. Establishment of Fund.
There shall be established a State Police Retirement Fund, hereinafter referred to as the “Fund,” separate and distinct from the Fund established under subchapter II of this chapter, to which state appropriations and other employer contributions shall be deposited monthly, and to which member contributions shall be deposited upon deduction from the member's paycheck, and to which earnings on investments, refunds and reimbursements shall be deposited upon receipt, and from which benefits shall be paid and fees and expenses authorized by the Board shall be paid. Subject to Internal Revenue Code § 401(a)(24) [26 U.S.C. § 401(a)(24)], the assets of the Fund will be commingled in the Delaware Public Employees' Retirement System as provided for by § 8308 of this title. The assets of the Fund are held in trust and may not be used for or diverted to any purpose other than for the exclusive benefit of the employees and their beneficiaries.
62 Del. Laws, c. 361, §  1;  71 Del. Laws, c. 121, §  5;  76 Del. Laws, c. 279, §  10;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8394. Employer pickup of member contributions.

§ 8394. 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 under § 8391 of this title. The contributions so picked up shall be treated as employer contributions for purposes of determining the amounts of federal income taxes to withhold from the member's compensation.
(b) Member contributions picked up by the employer shall be paid from the same source of funds used for the payment of compensation to a member. A deduction shall be made from each member's compensation equal to the amount of the member's contributions picked up by the employer. This deduction, however, shall not reduce the member's compensation for purposes of computing benefits under the retirement system pursuant to this chapter.
(c) Member contributions shall be credited to a separate account within the member's individual account so that the amount contributed prior to the effective date for the pickup of member contributions may be distinguished from the amounts contributed on or after the effective date.
(d) The contributions, although designated as employee contributions, are being paid by the employer in lieu of the contributions by the employee. The employee will not be given the option of choosing to receive the contributed amounts directly instead of having them paid by the employer to the retirement system.
68 Del. Laws, c. 358, §  5;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8395. Burial benefits.

§ 8395. 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 contractual obligation of the State or of the Pension Fund and may be revised or terminated by an act of the General Assembly.
70 Del. Laws, c. 77, §  2;  76 Del. Laws, c. 80, §  91;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8396. Payment of benefits.

§ 8396. 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 New State Police Retirement Fund shall be liable for any amount in excess of such sums.
71 Del. Laws, c. 132, §  86;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8397. Other post-employment benefits appropriations.

§ 8397. Other post-employment benefits appropriations.
Funds appropriated to implement this section shall be deposited into the OPEB Fund as established by § 5281 of Title 29.
76 Del. Laws, c. 70, §  9;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 84. Police Officer Standards and Training Commission › § 8403. Organization of Commission.

§ 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 fix the time and place of such meetings in the chair's discretion, but upon written request of any 3 members, the chairperson shall call a meeting pursuant to the terms of such request. Nine members shall constitute a quorum. Each member of the Commission may have a proxy to represent the member at Commission meetings.
(b) Notwithstanding any provision of law, Commission membership shall not disqualify a member from holding any other public or private employment or constitute a forfeit of such office.
(c) Commission members shall receive no compensation for their services but shall be allowed their actual and necessary expenses incurred in the performance of their duties.
(d) The Commission shall allow public comment at its meetings in accordance with § 10004 of Title 29.
11 Del. C. 1953, §  8404;  57 Del. Laws, c. 261;  57 Del. Laws, c. 670, §  1C;  63 Del. Laws, c. 31, §  1;  65 Del. Laws, c. 492, §  3;  68 Del. Laws, c. 49, §  3;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 83, § 2;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 149, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 84. Police Officer Standards and Training Commission › § 8404A. Hearings.

§ 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 shall select 3 members of the Commission to comprise a board which will hear evidence on the allegation (hereinafter “board”).
(2) Upon conclusion of the hearing provided for in this section, the board shall submit its findings and recommendation to the full Commission in writing for consideration and vote.
(3) The ultimate findings of the Commission shall be final, except that any ruling adverse to any party participating in the hearing may be appealed to the Superior Court within 15 days of receipt of written notification of said finding. Absent an appeal, all findings of the Commission shall become final upon expiration of said appeal deadline.
(4) All hearings shall be conducted in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].
(5) Summaries of the Commission's decisions shall be published on the Commission's websites and are public records for purposes of the Freedom of Information Act (Chapter 100 of Title 29).
67 Del. Laws, c. 313, §  2;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 149, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 84. Police Officer Standards and Training Commission › § 8405. Mandatory training; exceptions.

§ 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 municipality, other governmental unit or the University of Delaware or Delaware State University shall require that no person be given or accept an appointment as a police officer unless such person has successfully completed the required police training and education course at an approved school.
(b) [Repealed.]
(c) All police officers and all persons seeking permanent appointment as a police officer shall undergo training to assist them in identifying symptoms of mental illness, mental disability, and/or physical disability and in responding appropriately to situations involving persons having a mental illness, mental disability, and/or physical disability. The training must include instruction concerning the interaction between police officers and minors that have a mental illness, mental disability and/or physical disability.
(d) A component of training for all persons enrolled in an approved school must be a course in the detection, prosecution, and prevention of sexual assault. Such evidence-based training must be victim-centered, and trauma-informed.
(e) [Repealed.]
11 Del. C. 1953, §  8406;  57 Del. Laws, c. 261;  57 Del. Laws, c. 670, §  1D;  63 Del. Laws, c. 31, §  1;  67 Del. Laws, c. 230, §§  1, 2;  68 Del. Laws, c. 330, §  5;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 367, §  3;  75 Del. Laws, c. 292, §  1;  80 Del. Laws, c. 55, §  1;  83 Del. Laws, c. 37, § 12;  84 Del. Laws, c. 149, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 84. Police Officer Standards and Training Commission › § 8407. Compensation.

§ 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 equipment excluding transportation costs of any trainee police officer shall be that of the Commission.
11 Del. C. 1953, §  8408;  57 Del. Laws, c. 261;  57 Del. Laws, c. 670, §  1D;  63 Del. Laws, c. 31, §  1;  84 Del. Laws, c. 149, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 84. Police Officer Standards and Training Commission › § 8408. Appropriations.

§ 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, c. 670, §  1E;  63 Del. Laws, c. 31, §  1;  74 Del. Laws, c. 110, §  138;  84 Del. Laws, c. 149, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 84. Police Officer Standards and Training Commission › § 8409. Reimbursement [For application of this section, see 84 Del. Laws, c. 52, § 2].

§ 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 satisfactorily completed the mandatory training as required under this chapter and who have completed their training while in the employ of another municipality or another governmental unit of this State or the University of Delaware or Delaware State University within 4 years from the date of satisfactory completion of such mandatory training, shall reimburse the municipality or other governmental unit or the University of Delaware or Delaware State University with whom the police officer was employed at the time of attending the mandatory training program for the cost of training such officer, which shall include the salary, uniforms and equipment and other training expenses, and all employment benefit expenses, testing, and other expenses, such as medical testing, and ammunition, required to attend the police academy, incurred while the officer was attending the mandatory training program. During the first year after completion of the mandatory training program the municipality or other governmental unit or the University of Delaware or Delaware State University by whom the police officer was employed at the time of attending the mandatory training program shall be reimbursed $40,000 for those expenses. During the second year the municipality or other governmental unit shall be reimbursed $30,000 for those expenses. During the third year the municipality or other government unit shall be reimbursed $20,000 for those expenses. During the fourth year the municipality or other government unit shall be reimbursed $10,000 for those expenses.
(b) After November 7, 2022, the 4-year time period described in subsection (a) of this section shall be determined as follows:
(1) The start of the 4-year time period shall be the date the employee graduates from the police academy.
(2) The end of the 4-year time period shall be the last day the employee works for the employer who is seeking reimbursement.
11 Del. C. 1953, §  8411;  59 Del. Laws, c. 102, §  1;  63 Del. Laws, c. 31, §  1;  72 Del. Laws, c. 367, §  4;  83 Del. Laws, c. 534, § 1;  84 Del. Laws, c. 52, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 84. Police Officer Standards and Training Commission › § 8410. Uncertified police officers.

§ 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 enforce the laws of the State.
(b) A police force of any county or municipality which does not meet the requirements of this chapter and the criteria established by the Commission will be ineligible to apply for or receive state aid to local law-enforcement funds.
63 Del. Laws, c. 31, §  1;  72 Del. Laws, c. 367, §  5;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 149, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 84. Police Officer Standards and Training Commission › § 8411. Transition and continuity.

§ 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;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 84A. Body-Worn Cameras for Law-Enforcement Officers › § 8402A. Body-worn camera requirements.

§ 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 Department of Services for Children, Youth, and Their Families designated as a special investigator or serious juvenile offender officer shall wear a body-worn camera while on duty in a role that is likely to result in interactions with the public.
(b) A police officer, a probation and parole officer of the Department of Correction assigned to a law-enforcement task force, and an employee of Department of Services for Children, Youth, and Their Families designated as a special investigator or serious juvenile offender officer required to wear a body-worn camera under subsection (a) of this section shall use the body-worn camera to record interactions with the public while on duty in accordance with the regulations established in §§ 8404, 4321, and 9003 of this title.
(c) The Department of Safety and Homeland Security, Office of Management and Budget, Department of Technology, Department of Justice, and Office of Defense Services shall work to implement a statewide body-worn camera program as funding is made available to procure body-worn cameras for law-enforcement officers where necessary, to establish a central data storage program to house body-worn camera footage, and to provide adequate personnel to administer the program.
83 Del. Laws, c. 83, § 3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8501. Purpose of subchapter.

§ 8501. Purpose of subchapter.
(a) The purpose of this subchapter is to create and maintain an accurate and efficient criminal justice information system in Delaware consistent with this chapter and applicable federal law and regulations, the need of criminal justice agencies and courts of the State for accurate and current criminal history record information, and the right of individuals to be free from improper and unwarranted intrusions into their privacy.
(b) In order to achieve this result, the General Assembly finds that there is a need:
(1) To designate the State Bureau of Identification as the central state repository for criminal history record information;
(2) To require the rapid identification, classification and filing of fingerprints;
(3) To require the reporting of accurate, relevant and current information to the central repository by all criminal justice agencies;
(4) To insure that criminal history record information is kept accurate and current; and
(5) To prohibit the improper dissemination of such information.
(c) This subchapter is intended to provide a basic statutory framework within which these objectives can be attained.
63 Del. Laws, c. 188, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8503. Function; administration; appointment of Director.

§ 8503. Function; administration; appointment of Director.
(a) The State Bureau of Identification, hereinafter referred to as the “Bureau,” is continued within the Division of State Police. The Bureau shall be the central state repository for criminal history record information (CHRI) and such additional information as specified in this subchapter.
(b) Subject to this subchapter, the Bureau shall be administered by the Superintendent of State Police. It shall be equipped and maintained by the State Police as a separate budget unit within the Department of Safety and Homeland Security.
(c) The Superintendent of State Police shall appoint, subject to the approval of the Department of Safety and Homeland Security, a Director of the Bureau. The Director shall be a regularly appointed member of State Police, who shall be trained and experienced in the classification and filing of fingerprints, and the Director and all other employees of the Bureau shall be subject to the same rules and regulations governing the State Police.
(d) A representative of the Bureau to be designated by the Superintendent shall be a member of any board or regulatory body established for the collection, retention and dissemination of criminal history information.
42 Del. Laws, c. 181, §  1;  11 Del. C. 1953, §  8501;  57 Del. Laws, c. 670, §§  4A, 4B;  63 Del. Laws, c. 188, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 110, §  138;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8504. Personnel.

§ 8504. Personnel.
The Bureau personnel shall consist of regular appointed members of the State Police, and such other personnel as may be deemed necessary to carry out this chapter. The personnel so appointed shall each be experienced in the work to be performed by them.
42 Del. Laws, c. 181, §  2;  11 Del. C. 1953, §  8502;  63 Del. Laws, c. 188, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8505. Duty to provide security of criminal history record information and security investigations.

§ 8505. Duty to provide security of criminal history record information and security investigations.
(a) The Director shall provide security of criminal history record information contained in the facilities of the Bureau.
(b) The Director shall establish procedures to assure that Bureau records, under the control or custody of any authorized agency, shall be protected from unauthorized access, disclosure or dissemination.
(c) Each employee of the Bureau working with or having access to criminal history record information shall be made familiar with the substance and intent of this chapter.
(d) Direct access to criminal history record information from the Bureau shall be available only to authorized officers or employees of a criminal justice agency, and, as necessary, to other authorized personnel essential to the proper operation of the criminal history record information system.
(e) The Director shall be responsible for investigations of violations of this chapter.
63 Del. Laws, c. 188, §  1;  68 Del. Laws, c. 101, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8506. Duty to maintain complete and accurate records; performance of annual audit.

§ 8506. Duty to maintain complete and accurate records; performance of annual audit.
(a) The Bureau shall maintain in a complete and accurate manner information received pursuant to this subchapter to the maximum extent feasible.
(b) Any and all criminal history records and other information which is transmitted directly by computer terminal by a criminal justice agency shall be deemed to have been transmitted to the Bureau within the meaning of this subchapter.
(c) The Bureau shall file all information received by it and shall make a systematic record and index thereof, to the end of providing a method of convenient reference and consultation. No information identifying a person received by the Bureau may be destroyed by it until 10 years after the person identified is known or reasonably believed to be dead, or until that person reaches age 80 or reaches age 75 with no criminal activity listed on the person's record in the past 40 years, whichever shall first occur, except as otherwise provided by statute.
(d) A criminal justice agency shall, upon finding inaccurate criminal history record information of a material nature, notify all criminal justice agencies, and all other persons and agencies, known to have received such information.
(e) When a criminal justice agency receives notification that an inaccuracy appears in criminal history record information having originated with that agency, such agency shall take appropriate steps to correct the inaccuracy.
(f) The Bureau shall assure that an annual audit is conducted of a representative sample of agencies accessing or maintaining data files as provided in this subchapter. This audit shall encompass both manual and computerized data systems, and shall be conducted at such time and according to procedures as the Bureau shall prescribe. A full report of the findings of each audit made pursuant to this subsection shall be communicated to the individual agency so audited.
42 Del. Laws, c. 181, §  9;  11 Del. C. 1953, §  8509;  63 Del. Laws, c. 188, §  1;  67 Del. Laws, c. 379, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 85. STATE BUREAU OF IDENTIFICATION › Subchapter I. General Provisions › § 8507. Information to be supplied by law-enforcement officers.

§ 8507. Information to be supplied by law-enforcement officers.
(a) Every law-enforcement officer of the State and of any political subdivision thereof shall transmit to the Bureau:
(1) Within 48 hours after the arrest of any individual, the names, fingerprints if taken and such other data as the Director may from time to time prescribe of all individuals arrested for a criminal offense, including, but not limited to:
a. An indictable offense, or such nonindictable offense as is, or may hereafter be, included in the compilations of the United States Department of Justice;
b. Being a fugitive from justice;
(2) The fingerprints, photographs and other data prescribed by the Director concerning unidentified dead persons;
(3) The fingerprints, photographs and other data prescribed by the Director of all individuals making application for a permit to buy or possess illegal weapons or firearms or to carry concealed a deadly weapon;
(4) A record of the indictable offenses and such nonindictable offenses as are committed within the jurisdiction of the reporting officer, including a statement of the facts of the offense and a description of the offender, so far as known, the offender's method of operation, changes in release status and such other information as the Director may require;
(5) Copies of such reports as are required by law to be made, and as shall be prescribed by the Director, to be made by pawnshops, second-hand dealers and dealers in weapons.
(b) All photographs submitted of individuals described in this section shall be of a recent date, taken while such individuals are attired in civilian clothes.
42 Del. Laws, c. 181, §§  3, 6;  11 Del. C. 1953, §§  8503, 8506;  61 Del. Laws, c. 321, §  1;  63 Del. Laws, c. 188, §  1;