reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 90. COMPENSATION FOR INNOCENT VICTIMS OF CRIME › § 9007. Victims' Compensation Assistance Program Appeals Board.

§ 9007. Victims' Compensation Assistance Program Appeals Board.
(a) There is hereby established the Victims' Compensation Assistance Program Appeals Board, hereafter “Appeals Board”, which is composed of 5 members to be appointed by the Governor and confirmed by the Senate. No more than 3 members may be of 1 major political party. Appeals Board representation must reflect representation from all counties of the State.
(b) Members of the Violent Crimes Compensation Board serving on July 31, 2009, will become the members of the Appeals Board. They will serve the balance of their terms in accordance with the provisions of the statute in existence at the time of their last reappointment. Upon expiration of the current terms of the Appeals Board members, their compensation will be $100 per meeting. The compensation of all other Appeals Board members is $100 per meeting.
(c) The term of Appeals Board members is 3 years. A member shall continue to serve until that member's successor is duly appointed but a holdover under this provision does not affect the expiration date of the succeeding term.
77 Del. Laws, c. 193, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 247, § 5;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 90. COMPENSATION FOR INNOCENT VICTIMS OF CRIME › § 9008. Function of the Appeals Board.

§ 9008. Function of the Appeals Board.
(a) The Appeals Board has the power and authority to meet and function in any place within the State.
(b) The Appeals Board has the power and authority to affirm, reverse, or modify the Agency's claims decisions under the provisions of § 9012 of this title.
77 Del. Laws, c. 193, §  1;  83 Del. Laws, c. 247, § 6;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 90. COMPENSATION FOR INNOCENT VICTIMS OF CRIME › § 9012. Form of claim; investigation—hearing.

§ 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 investigation, the Agency shall render a decision on whether or not to award compensation to the claimant. The Agency shall immediately mail a copy of its decision to the claimant, together with written notice of the claimant's options for redress if dissatisfied with the Agency decision.
(b) If the claimant is dissatisfied with the Agency's decision, the claimant may, within 30 days after the date the Agency decision is mailed, file a request for reconsideration of the claim. The request must include additional information from the claimant that supports the claim request. If the request is not timely made, then the Agency decision is final and not appealable to the Appeals Board or the Superior Court.
(c) If a reconsideration is timely requested, the Executive Director shall review the claimant's information and render a final decision. This decision will immediately be mailed to the claimant, together with written notice of the claimant's right to request an appeal.
(d) If the claimant is dissatisfied with the Agency's final decision, the claimant may, within 30 days after the date the decision is mailed, request a hearing before the Appeals Board. If an appeal is timely requested, the Appeals Board shall fix the time and place for hearing the appeal. The Agency shall, at least 20 days before the time set for the hearing, mail notices of the time and place of the hearing to all interested persons and agencies. At the appeal hearing, the claimant may present evidence to the Appeals Board to show why the Agency's decision should be reversed or modified. Within 90 days of the conclusion of all hearings on the matter, the Appeals Board shall mail to the claimant a statement of its final decision to award or deny the claim and a statement of any conditions under which the claim will be awarded. The Appeals Board may affirm, reverse, or modify the Agency's decision.
(e) The claimant or the Agency, if dissatisfied by the Appeals Board's decision concerning compensation or any conditions attached to the award of the compensation, may appeal to the Superior Court within 30 days following the date the decision of the Appeals Board is mailed to the appealing party. An appeal to Superior Court must be based on the record of the Appeals Board hearing.
59 Del. Laws, c. 519, §  1;  60 Del. Laws, c. 436, §§  7, 8;  68 Del. Laws, c. 239, §§  1, 2;  72 Del. Laws, c. 460, §§  13, 14, 16;  77 Del. Laws, c. 193, §  1;  83 Del. Laws, c. 247, § 10;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 90. COMPENSATION FOR INNOCENT VICTIMS OF CRIME › § 9013. Attorney fees.

§ 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, and shall be in addition to the amount of compensation awarded to the claimant. An attorney shall not charge, demand, receive or collect for services rendered in connection with any proceedings under this chapter any amount other than awarded as attorneys' fees under this section.
59 Del. Laws, c. 519, §  1;  77 Del. Laws, c. 193, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 90. COMPENSATION FOR INNOCENT VICTIMS OF CRIME › § 9014. Recovery from the criminal.

§ 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 such person for the recovery of the whole or any specified part of the compensation in any Superior Court within the State, or in any other court, either state or federal, if such court has custody or control of funds of the criminal or which may be awarded to the criminal. Any amounts recovered under this section shall be deposited to the fund which finances the administration of this chapter.
(b) Any payment of compensation under this chapter does not affect any right of any person to recover damages in a civil action from the person convicted of the offense giving rise to the claim for compensation.
(c) Whenever any person is sentenced for an offense and compensation has been paid under this chapter to a claimant, the Agency may assert a claim for reimbursement of the Victims' Compensation Fund as restitution from the criminal defendant. In support of the reimbursement claim, the Agency shall submit an affidavit with supporting documentation to the sentencing court, setting forth all payments made to the claimant. Restitution may be awarded to the Agency. A hearing on restitution will be held on the timely request of the defendant. Where the compensation of the claimant is continuing, and the full amount of reimbursement due has not been established by the Agency, the affidavit may so state, and the sentencing court may reserve jurisdiction over any future claim for reimbursement to the Agency. Any supplemental claim for reimbursement to the Agency must be brought within 2 years of the sentencing date, or before the expiration of a term of probation imposed on the defendant for an offense giving rise to the claim for compensation, whichever date comes first. The courts shall establish procedures for determining the amount of reimbursement due to the Victims' Compensation Fund from offenders.
59 Del. Laws, c. 519, §  1;  77 Del. Laws, c. 193, §  1;  79 Del. Laws, c. 404, §  2;  83 Del. Laws, c. 247, § 11;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 90. COMPENSATION FOR INNOCENT VICTIMS OF CRIME › § 9015. Assignment and subrogation.

§ 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 legal process, or to the operation of any bankruptcy or insolvency law.
(b) There shall be no substitution or subrogation, whether conventional or legal, of any indebtedness or right of action by virtue of any claim of guarantee or surety, agency, lien, payments or advances made, or any claim made by the person convicted of the act giving rise to any compensation awarded under this chapter.
59 Del. Laws, c. 519, §  1;  77 Del. Laws, c. 193, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 90. COMPENSATION FOR INNOCENT VICTIMS OF CRIME › § 9016. Penalty assessment.

§ 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 courts for crimes or offenses as defined in § 233 of this title, or $10 per offense of conviction, whichever is greater. Where multiple offenses are involved, the penalty assessment must be based on the total fine for all offenses. When a fine, penalty, or forfeiture is suspended, in whole or in part, the penalty assessment must not be suspended; provided, however, that if the penalty assessment herein imposed remains uncollected for a period in excess of 3 years, the courts may expunge the record of the assessment.
(b) Upon collection of the penalty assessment, the penalty assessment must be paid over to the prothonotary or clerk of court, as the case may be, who shall collect the penalty assessment and transmit it to the State Treasury to be deposited in a separate account for the administration of this chapter, which account must be designated the “Victims' Compensation Fund,” which is hereby created. Beginning with the fiscal year ending June 30, 2002, the unencumbered balances on June 30 of each fiscal year in excess of $6,000,000 must be deposited in the General Fund.
59 Del. Laws, c. 519, §  1;  60 Del. Laws, c. 436, §  9;  63 Del. Laws, c. 227, §  1;  67 Del. Laws, c. 71, §  2;  67 Del. Laws, c. 260, §  1;  68 Del. Laws, c. 213, §  2;  68 Del. Laws, c. 223, §  1;  73 Del. Laws, c. 312, §  36;  77 Del. Laws, c. 193, §  1;  79 Del. Laws, c. 125, §  3;  83 Del. Laws, c. 247, § 12;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 90. COMPENSATION FOR INNOCENT VICTIMS OF CRIME › § 9017. Annual reports.

§ 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. Laws, c. 193, §  1;  83 Del. Laws, c. 247, § 13;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 90. COMPENSATION FOR INNOCENT VICTIMS OF CRIME › § 9018. Compensating fine.

§ 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 reimbursement to the Victims' Compensation Fund, order such person to pay a compensating fine, in lieu of, but greater than, the penalty set forth in § 9016 of this title. The amount of such fine is in the discretion of the court and must be commensurate with the malice shown and the injury done to the victim. All fines paid in accordance with this section must be deposited into the Victims' Compensation Fund.
59 Del. Laws, c. 519, §  1;  67 Del. Laws, c. 71, §  3;  67 Del. Laws, c. 260, §  1;  77 Del. Laws, c. 193, §  1;  79 Del. Laws, c. 404, §  3;  83 Del. Laws, c. 247, § 14;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 90. COMPENSATION FOR INNOCENT VICTIMS OF CRIME › § 9019. Oaths; production of witnesses and records.

§ 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 by this chapter. Any person who shall fail to appear in response to a subpoena or to answer any question, or produce any books, papers and records relevant to any such investigation or hearing may be compelled to do so by order of the Superior Court.
60 Del. Laws, c. 436, §  11;  77 Del. Laws, c. 193, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 90. COMPENSATION FOR INNOCENT VICTIMS OF CRIME › § 9020. Filing false claim.

§ 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 reimburse and repay the Agency for any compensation received under this chapter.
60 Del. Laws, c. 436, §  12;  77 Del. Laws, c. 193, §  1;  83 Del. Laws, c. 247, § 15;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 90. COMPENSATION FOR INNOCENT VICTIMS OF CRIME › § 9021. Persons to whom chapter applicable.

§ 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 of terrorist acts.
60 Del. Laws, c. 436, §  13;  72 Del. Laws, c. 460, §  17;  73 Del. Laws, c. 250, §  4;  77 Del. Laws, c. 193, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 90. COMPENSATION FOR INNOCENT VICTIMS OF CRIME › § 9022. Conflict of interest.

§ 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, §  1;  83 Del. Laws, c. 247, § 16;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 90. COMPENSATION FOR INNOCENT VICTIMS OF CRIME › § 9024. Payment for child psychological assessments and short-term counseling.

§ 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 counseling, as defined by the Agency, for the purposes of meeting the mental health needs of a child victim may be paid from the Victims' Compensation Fund.
(c) Any psychological assessment or counseling provided pursuant to this section shall be provided by a qualified mental health practitioner as determined by the Agency. The Agency shall authorize the repayment of reasonable expenses for a psychological assessment and/or short-term counseling. Such reimbursement shall not exceed a maximum amount to be determined by the Agency. Any mental health practitioner performing a psychological assessment and/or short-term counseling pursuant to this section shall seek reimbursement for such services from the patient's insurance carrier, including Medicaid and Medicare, if available. If the mental health practitioner has recovered from insurance, the Agency shall only provide compensation sufficient to total the maximum amount provided for in the Board's rules and regulations. Funding for psychological assessments and/or short-term counseling shall be available to the victim regardless of other health insurance resources which may exist.
(d) A parent or guardian acting on behalf of a child victim shall not pay any out-of-pocket costs associated with a psychological assessment or short-term counseling, and shall not be required to file an application with the Agency. Notwithstanding other language in this chapter, all psychological assessments and short-term counseling expenses of child victims shall be paid for through the Victims' Compensation Fund and such payment shall be considered full compensation to the mental health practitioner providing such services.
(e) Nothing in this section shall preclude a victim from applying to the Agency for other costs incurred.
(f) For the purpose of this section, “child victim” or “child” means any victim or person who had not yet reached that victim's or person's eighteenth birthday on the date of the commission of the crime.
71 Del. Laws, c. 424, §  7;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 193, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 90. COMPENSATION FOR INNOCENT VICTIMS OF CRIME › § 9025. Enactment.

§ 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 budgetary and administrative purposes. Such employees shall be deemed to be employees of the Department of Justice with all benefits they may have accrued in the classified service as of July 1, 2009.
(b) The Advisory Council shall be established on July 1, 2009, and allow for the appointment of the 7 Advisory Council members by the Governor.
(c) The effective date for new process and procedures under the Victims' Compensation Assistance Program shall be August 30, 2009.
(d) The effective date for all new and pending claims to be processed through the newly established Victims' Compensation Assistance Program shall be August 30, 2009.
77 Del. Laws, c. 193, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 91. DISTRIBUTION OF MONEYS RECEIVED AS RESULT OF COMMISSION OF CRIME › § 9101. Findings.

§ 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 General Assembly further finds that a system is required to provide for the distribution of moneys received as a result of the commission of a crime in order that victims of crime may be adequately compensated.
64 Del. Laws, c. 169, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 91. DISTRIBUTION OF MONEYS RECEIVED AS RESULT OF COMMISSION OF CRIME › § 9102. Definitions.

§ 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 title.
(2) “Person convicted of a crime” shall mean any person convicted of a crime in this State either by entry of a plea of guilty, a plea of nolo contendere, a “Robinson plea” or by conviction after trial as well as a person found not guilty as a result of the defense of mental disease or defect pursuant to this title.
(3) “Victim” shall mean a person who suffers personal, physical, mental or emotional injury, or pecuniary loss, as a direct result of the commission of a crime enumerated in Chapter 5 of this title.
64 Del. Laws, c. 169, §  1;  67 Del. Laws, c. 260, §  1;  68 Del. Laws, c. 394, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 91. DISTRIBUTION OF MONEYS RECEIVED AS RESULT OF COMMISSION OF CRIME › § 9104. Board as exclusive escrow agent.

§ 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 determination and order of the Board.
64 Del. Laws, c. 169, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 91. DISTRIBUTION OF MONEYS RECEIVED AS RESULT OF COMMISSION OF CRIME › § 9105. Judicial review.

§ 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;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 92. Police Officers’ Due Process, Accountability, and Transparency › § 9201. Insertion of adverse material in officer's file.

§ 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, receive a copy of and comment in writing on the adverse material.
65 Del. Laws, c. 12, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 92. Police Officers’ Due Process, Accountability, and Transparency › § 9202. Disclosure of personal assets.

§ 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 information is necessary in investigating a violation of any federal, state or local ordinance with respect to the performance of official duties or unless such disclosure is required by state or federal law.
65 Del. Laws, c. 12, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 92. Police Officers’ Due Process, Accountability, and Transparency › § 9203. Hearing — Required on suspension or other disciplinary action.

§ 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
(3) Charged with a breach of discipline of any kind, which charge could lead to any form of disciplinary action (other than a reprimand) which may become part of the officer's permanent personnel record,
then that officer shall be entitled to a hearing which shall be conducted in accordance with this chapter unless a contractual disciplinary grievance procedure executed by and between the agency and the bargaining unit of that officer is in effect, in which case the terms of that disciplinary grievance procedure shall take precedence and govern the conduct of the hearing.
65 Del. Laws, c. 12, §  1;  65 Del. Laws, c. 139, §  3;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 148, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 92. Police Officers’ Due Process, Accountability, and Transparency › § 9204. Hearing — Scheduling; notice.

§ 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 waived in writing by the charged officer. The officer shall be given written notice of the time and place of the hearing and the issues involved, including a specification of the actual facts that the officer is charged with having committed; a statement of the rule, regulation or order that those facts are alleged to violate; and a copy of the rule, regulation or order. The charge against the law-enforcement officer shall advise the officer of the alleged facts and that the violation of the rule constituted a basis for discipline, and shall specify the range of applicable penalties that could be imposed.
65 Del. Laws, c. 12, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 148, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 92. Police Officers’ Due Process, Accountability, and Transparency › § 9205. Hearing — Procedure.

§ 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 shall be given an opportunity to present evidence and argument with respect to the issues involved. Both the department and the officer may be represented by legal counsel. In the event an impartial board cannot be convened, then a board of 3 officers or more shall be convened under the auspices of the Delaware Criminal Justice Council. Any officer appointed under this subsection, either within the department or under the auspices of the Criminal Justice Council, shall not be liable for civil damages from any acts or omissions arising out of such officer's service on the board as long as the member of the board of officers acted in good faith and without malice in carrying out that member's responsibilities or duties. A member of the board of officers is presumed to have acted in good faith and without malice unless proven otherwise.
(c) Evidence which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs shall be admissible in evidence and given probative effect. The tribunal conducting the hearing shall give effect to the rules of privilege recognized by law and may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence. All records and documents which any party desires to use shall be offered and made a part of the record. Documentary evidence may be received in the form of copies of excerpts or by incorporation by reference.
(d) Every party shall have the right of cross-examination of witnesses who testify and may submit rebuttal evidence.
(e) The tribunal may take notice of judicially cognizable facts and in addition may take notice of general, technical or scientific facts within its specialized knowledge. Parties shall be notified beforehand of the materials so noticed by the trial board. No law-enforcement officer may be adjudged guilty of any offense unless the hearing tribunal is satisfied that guilt has been established by substantial evidence.
65 Del. Laws, c. 12, §  1;  65 Del. Laws, c. 139, §  4;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 166, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 92. Police Officers’ Due Process, Accountability, and Transparency › § 9206. Hearing — Evidence obtained in violation of officer's rights.

§ 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 Constitution or by this chapter. The tribunal may not enter any judgment or sustain any disciplinary action based on any evidence obtained in violation of the officer's rights as contained in this chapter.
65 Del. Laws, c. 12, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 92. Police Officers’ Due Process, Accountability, and Transparency › § 9207. Hearing — Written decision and findings of fact to be delivered to officer.

§ 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 case. A copy of the decision or order accompanying findings and conclusions along with the written action and right of appeal, if any, shall be delivered or mailed promptly to the law-enforcement officer or to the officer's attorney or representative of record.
65 Del. Laws, c. 12, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 92. Police Officers’ Due Process, Accountability, and Transparency › § 9208. Extra work as punishment prohibited.

§ 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-enforcement officer's eligibility for pension, hospitalization, medical and life insurance coverage or other benefits specifically protected under the contract of employment. Suspension may affect time of pension eligibility by contractual provision or other statutory provision. Nothing herein shall prevent any law-enforcement agency from requiring reimbursement by a suspended law-enforcement officer of the officer's employee contribution to benefits during the officer's time of suspension.
65 Del. Laws, c. 12, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 92. Police Officers’ Due Process, Accountability, and Transparency › § 9209. Application of chapter.

§ 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;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 92. Police Officers’ Due Process, Accountability, and Transparency › § 9211. Annual reporting and record retention.

§ 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 complaints relating to police misconduct that the department receives each year, broken down by subject matter of the complaint.
(2) The number of formal investigations undertaken by the department each year, and the number of complaints resolved without a formal investigation.
(3) The number of formal investigations that resulted in a sustained finding of misconduct, an unsubstantiated finding, or any other disposition.
(b) Notwithstanding any other law to the contrary, records relating to any incident for which a detailed narrative is required to be publicly posted pursuant to this chapter, shall be preserved for at least 25 years.
84 Del. Laws, c. 148, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 93. POLICE CHIEF DUE PROCESS › § 9301. Police chief removal; right to hearing; appeal.

§ 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 County Police, and any colonel, chief of police or highest ranking officer of a police agency that is a division of the Department of Safety and Homeland Security, shall be dismissed, demoted or otherwise removed from office unless there is a showing of just cause and such person has been given notice in writing of the specific grounds for such action and an opportunity to be heard in the person's own defense, personally and/or by counsel, at a hearing, which may be public at the request of the person, before a panel appointed under the auspices of the Delaware Criminal Justice Council, such panel to consist of 3 persons, 1 to be appointed by the Chair of the Delaware Police Chiefs' Council, 1 by the President of the Delaware League of Local Governments, and 1 by the Chair of the Delaware Criminal Justice Council, provided that the Delaware Criminal Justice Council appointee shall not be an actively-serving law-enforcement officer. Such hearing shall be held on not less than 5 days written notice and not more than 30 days after such notice, unless the parties agree otherwise, in writing. The hearing panel's decision shall be by majority vote and based upon the evidence presented at the hearing. The hearing panel shall issue a written decision as to whether the charges against the colonel, chief or highest ranking officer were substantiated or unsubstantiated within 20 days of the conclusion of the hearing.
(b) If the hearing panel determines that the charges against the colonel, chief or highest ranking officer were unsubstantiated, it may award the colonel, chief or highest ranking officer his or her reasonable attorneys' fees.
(c) Any appeals from the process described in subsection (a) of this section shall be on the record to the Superior Court from the county in which the hearing was held. All such appeals shall be undertaken by filing a notice of appeal with the Court within 90 days of receipt of the hearing panel's written decision.
(d) By September 30, 2013, the Delaware Criminal Justice Council, the Delaware Police Chiefs' Council, and the Delaware League of Local Governments shall each appoint 2 representatives to a Rules Committee. One representative from the Delaware Criminal Justice Council shall chair the committee.
(e) By March 30, 2014, the Rules Committee created pursuant to subsection (d) of this section shall adopt rules and procedures to govern proceedings brought under this section. Thereafter, the Rules Committee shall meet at the call of the Chair to amend the rules and procedures as deemed necessary or appropriate.
66 Del. Laws, c. 343, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 317, §§  1-4;  79 Del. Laws, c. 68, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 94. Victims’ Bill of Rights › Subchapter I. Victims Generally › § 9402. Compliance with chapter.

§ 9402. Compliance with chapter.
(a) This chapter shall apply to the victims of the crimes defined in § 9401(2) of this title, and to witnesses to such crimes, as specified in § 9403 of this title, and to qualifying neighborhood or homeowners associations where illegal drug activity occurs as defined in § 9419 of this title. Consistent with the duty to represent the interests of the public as a whole, the Attorney General shall enforce compliance with this chapter on behalf of victims, witnesses and members of their families.
(b) Failure to comply with this chapter does not create a claim for damages against a government employee, official or entity.
(c) Failure to provide a right, privilege or notice to a victim under this chapter shall not be grounds for the defendant to seek to have a conviction or sentence set aside.
68 Del. Laws, c. 445, §  1;  69 Del. Laws, c. 167, §  1;  70 Del. Laws, c. 101, §  3;  72 Del. Laws, c. 211, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 94. Victims’ Bill of Rights › Subchapter I. Victims Generally › § 9403. Nondisclosure of information about victim.

§ 9403. Nondisclosure of information about victim.
(a) Unless a victim or witness waives confidentiality in writing, neither a law-enforcement agency, the prosecutor, nor the corrections department may disclose, except among themselves or as authorized by law, the residential address, telephone number or place of employment of the victim or a member of the victim's family, or the identity, residential address, telephone number or place of employment of a witness or a member of the witness's family, except to the extent that disclosure is of the site of the crime, is required by law or the Rules of Criminal Procedure, is necessary for law-enforcement purposes, or is permitted by the court for good cause.
(b) A court may not compel a victim or witness or a member of the victim's or witness's family testifying in a criminal justice proceeding to disclose a residential address or place of employment on the record unless the court finds that disclosure of the information is necessary.
(c) The victim's address, place of employment and telephone number and any witness's identity, address, place of employment and telephone number, maintained by a court, prosecutor or law-enforcement agency pursuant to this chapter is exempt from disclosure under the Freedom of Information Act [Chapter 100 of Title 29].
(d) An exception to this section is whenever a “peace officer” as defined in § 1901 of this title or an “emergency-care provider” as defined in § 2503A of Title 16 alerts a school district or charter school about the presence of a minor child or a child that has reached the age of 18 that continues to be enrolled in high school that has been identified at the scene of a traumatic event. The peace officer or emergency-care provider may only release the student's name directly to the school district or charter school and state that the student was present at the scene of a traumatic event.
68 Del. Laws, c. 445, §  1;  69 Del. Laws, c. 167, §  1;  72 Del. Laws, c. 211, §§  3-5;  82 Del. Laws, c. 165, § 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 94. Victims’ Bill of Rights › Subchapter I. Victims Generally › § 9404. Victim's interest in speedy prosecution; child victim or witness.

§ 9404. Victim's interest in speedy prosecution; child victim or witness.
(a) The court shall consider the interest of the victim in a speedy prosecution.
(b) Proceedings shall be expedited in cases involving a child victim or witness particularly in child abuse and sexual abuse cases.
68 Del. Laws, c. 445, §  1;  69 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 94. Victims’ Bill of Rights › Subchapter I. Victims Generally › § 9405. Prosecutor to confer with victim.

§ 9405. Prosecutor to confer with victim.
Consistent with the duty to represent the interests of the public as a whole, the prosecutor shall confer with a victim before amending or dismissing a charge or agreeing to a negotiated plea or pretrial diversion. Failure of the Attorney General to confer with the victim does not affect the validity of an agreement between the State and the defendant or of an amendment, dismissal, plea, pretrial diversion or other disposition of the case.
68 Del. Laws, c. 445, §  1;  69 Del. Laws, c. 167, §  1;  69 Del. Laws, c. 318, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 94. Victims’ Bill of Rights › Subchapter I. Victims Generally › § 9406. Safety of victim.

§ 9406. Safety of victim.
(a) The court shall provide a waiting area for victims separate from the defendant, defendant's relatives and defense witnesses if such an area is available and the use of the area is practicable. If a separate waiting area is not available or practical, the court shall provide other available safeguards to minimize the victim's contact with the defendant, defendant's relatives and defense witnesses during court proceedings.
(b) At the initial contact, the victim shall be provided written information by the investigating law-enforcement agency to whom the victim can contact to ascertain if the defendant is released from custody, and the procedures that the victim may follow if threatened, intimidated or if conditions of bail or custody are not complied with.
68 Del. Laws, c. 445, §  1;  69 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 94. Victims’ Bill of Rights › Subchapter I. Victims Generally › § 9407. Presence at court proceedings; notice.

§ 9407. Presence at court proceedings; notice.
(a) A victim or an individual designated by the victim may be present whenever a defendant has a right to be present during a court proceeding concerning the crime charged other than a grand jury proceeding, unless good cause can be shown by the defendant to exclude the victim. If the victim is present, the court, at the victim's request, shall permit the presence of an individual to provide support to the victim, unless the court determines that exclusion of the individual is necessary to protect the defendant's right to a fair trial.
(b) The victim shall promptly be informed of the date, time and place of each court proceeding relative to the disposition of the case at which the victim has a right to be present, unless a victim requests that notice of proceedings not be provided under this chapter.
68 Del. Laws, c. 445, §  1;  69 Del. Laws, c. 167, §  1;  69 Del. Laws, c. 318, §  3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 94. Victims’ Bill of Rights › Subchapter I. Victims Generally › § 9408. Prompt return of property.

§ 9408. Prompt return of property.
The agency holding the property shall promptly return the property to the victim when it is no longer needed for evidentiary purposes unless it is contraband or subject to forfeiture.
68 Del. Laws, c. 445, §  1;  69 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 94. Victims’ Bill of Rights › Subchapter I. Victims Generally › § 9409. Limitations on employer.

§ 9409. Limitations on employer.
An employer may not discharge or discipline a victim or a representative of the victim for:
(1) Participation at the prosecutor's request in preparation for a criminal justice proceeding;
(2) Attendance at a criminal justice proceeding if the attendance is reasonably necessary to protect the interests of the victim; or
(3) Attendance at a criminal justice proceeding in response to a subpoena.
68 Del. Laws, c. 445, §  1;  69 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 94. Victims’ Bill of Rights › Subchapter I. Victims Generally › § 9410. Information from law-enforcement agency.

§ 9410. Information from law-enforcement agency.
At the initial contact between the victim of a reported crime and the law-enforcement agency having responsibility for investigating that crime, that agency shall promptly give in writing to the victim:
(1) An explanation of the victim's rights under this chapter;
(2) Information concerning the availability of social service and other assistance to victims;
(3) A copy of the initial incident report;
(4) Notice of the availability of a victim service unit within the Department or, in the absence of a unit within that law-enforcement agency, the availability of the Statewide Victim Center;
(5) Notice of the Violent Crimes Compensation Program;
(6) Notice of availability of information concerning pretrial release; and
(7) Source of information at the investigating law-enforcement agency where the victim may check the status of any arrest.
69 Del. Laws, c. 167, §  1;  69 Del. Laws, c. 318, §§  1, 4;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 94. Victims’ Bill of Rights › Subchapter I. Victims Generally › § 9411. Information concerning pretrial and trial matters.

§ 9411. Information concerning pretrial and trial matters.
(a) After a prosecution is commenced by the Attorney General in the Superior Court, the Attorney General shall promptly inform a victim of:
(1) A statement of the procedural steps in the processing of a criminal case;
(2) Rights under this chapter;
(3) Procedures if the victim is threatened or harassed;
(4) Victim compensation information when appropriate;
(5) The right of the victim to confer with the prosecutor prior to trial;
(6) The right of the victim to consult with the prosecutor about the disposition of the case, including the victim's views on dismissal, plea negotiations or diversion programs;
(7) The right of the victim to be present at trial and sentencing;
(8) Notice of the scheduling of court proceedings and changes including trial date, case review and sentencing hearings;
(9) Notice of the crime or crimes of which the defendant is convicted;
(10) Notice of the specifics of any sentencing order;
(11) Notice of sentence reduction or modification order; and
(12) Notice of a reversal upon appeal of a conviction.
(b) In all other courts, the Attorney General shall give the victim:
(1) Notice of the scheduling of the court proceedings and changes, including trial date, case review and sentencing hearings;
(2) Notice of the crime or crimes of which the defendant is convicted;
(3) Notice of the specifics of any sentencing order; and
(4) Notice of sentence reduction or modification order.
69 Del. Laws, c. 167, §  1;  69 Del. Laws, c. 318, §§  1, 5, 8, 9;  71 Del. Laws, c. 176, §  23;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 94. Victims’ Bill of Rights › Subchapter I. Victims Generally › § 9412. Information concerning appeal or post-conviction remedies.

§ 9412. Information concerning appeal or post-conviction remedies.
If the defendant appeals or pursues a post-conviction remedy from any court, the Attorney General shall promptly inform any victim of the date, time and place of any hearing and of the decision.
69 Del. Laws, c. 167, §  1;  69 Del. Laws, c. 318, §§  6, 10;  71 Del. Laws, c. 176, §  24;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 94. Victims’ Bill of Rights › Subchapter I. Victims Generally › § 9413. Information concerning confinement.

§ 9413. Information concerning confinement.
(a) The Department of Correction and the Department of Services for Children, Youth and Their Families shall notify in writing those victims of the following regarding defendants in their custody:
(1) Projected release date;
(2) Release or release to a community-based program; and
(3) Parole Board hearing date.
(b) In the event of an escape of the defendant, the Department of Correction and the Department of Services for Children, Youth and Their Families, shall notify immediately, by telephone or in person, any victim of the escape of the defendant.
(c) Notwithstanding any provision to the contrary, upon the request of the victim, the Department of Correction and the Department of Services for Children, Youth and Their Families shall provide the victim with information concerning the terms of probation, parole or other condition of release and the defendant's compliance or noncompliance with the sentence, probation, parole or other conditions imposed on the defendant. The Department of Correction shall have the authority to promulgate rules and regulations to implement this subsection.
69 Del. Laws, c. 167, §  1;  69 Del. Laws, c. 318, §§  1, 7;  72 Del. Laws, c. 345, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 94. Victims’ Bill of Rights › Subchapter I. Victims Generally › § 9414. General requirements for information.

§ 9414. General requirements for information.
(a) Unless the form of notice is expressly set forth by this chapter, information required to be furnished under this chapter may be furnished orally or in written form.
(b) A person responsible for furnishing information may rely upon the most recent name, address and telephone number furnished by the victim.
69 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 94. Victims’ Bill of Rights › Subchapter I. Victims Generally › § 9415. Presentence report.

§ 9415. Presentence report.
In preparing a presentence report, the Investigative Services Officer shall make a reasonable effort to confer with the victim. If the victim is not available or declines to confer, the Investigative Services Officer shall record that information in the report. The victim shall have the right to present a victim-impact statement pursuant to § 4331 of this title.
69 Del. Laws, c. 167, §  1;  73 Del. Laws, c. 60, §  7;