reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 66. Restraint of Pregnant Persons in Custody › § 6602. Definitions.

§ 6602. Definitions.
As used in this chapter:
(1) “Correctional institution” means any entity under the authority of any state, county, or municipal law-enforcement division that has the power to detain or restrain a person under the laws of the State.
(2) “Corrections official” means the official responsible for oversight of a correctional institution, or his or her designee.
(3) “Extraordinary circumstances” means an immediate and serious threat of harm to themselves, staff, or others, or a substantial flight risk that cannot reasonably be contained by any other means.
(4) “Immediate postpartum period” means the 13-week period following childbirth.
(5) “Labor” means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix.
(6) “Prisoner” means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of a criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program. Included is any person detained under the immigration laws of the United States at any correctional facility.
(7) “Restraints” means any physical restraint or mechanical device used to control the movement of a prisoner's body and/or limbs, including, but not limited to, flex cuffs, soft restraints, hard metal handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security (tether) chain, or a convex shield.
78 Del. Laws, c. 330, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 365, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 66. Restraint of Pregnant Persons in Custody › § 6603. Use of restraints on pregnant prisoners; other prohibitions.

§ 6603. Use of restraints on pregnant prisoners; other prohibitions.
(a) (1) Except as provided in paragraphs (a)(2) and (3) of this section, a correctional institution may not use restraints on a pregnant prisoner who is in the second or third trimester of pregnancy, in labor, in delivery, or in the immediate postpartum period. Under no circumstances shall leg or waist restraints be used on any prisoner or detainee who is in labor or delivery. Where allowed, wrist restraints must be fastened in front of the body.
(2) If a corrections official makes an individualized determination that an extraordinary circumstance exists, restraints may be used for the limited period that such circumstance exists, subject to the limitations in paragraphs (a)(2)a., b., and c. of this section.
a. A licensed medical professional must be notified as soon as practicable upon the application of leg or waist restraints and shall examine the restrained prisoner within 10 minutes of the notification.
b. If a doctor, nurse, or other health professional treating the prisoner requests that restraints not be used, the corrections officer accompanying the prisoner shall immediately remove all restraints.
(3) Wrist restraints fastened in the front of the body may be used when a prisoner who is pregnant or in the immediate postpartum period is being transported outside of the facility for medical or other appointments. Absent extraordinary circumstances, no restraints may be used, including in transport, on a woman who is in labor, delivery, or being transported with a newborn.
(b) If restraints are used on a prisoner pursuant to paragraph (a)(2) of this section:
(1) The type of restraint applied and the application of the restraint must be done in the least restrictive manner necessary.
(2) The corrections official shall make written findings within 10 days as to the extraordinary circumstances that dictated the use of the restraints. These findings shall be kept on file by the correctional institution for at least 5 years.
(c) A pregnant prisoner who is required to squat and cough must be provided with accommodations or supports to prevent the risk of falls.
(d) A pregnant prisoner may not be required to undergo a vaginal examination unless prescribed and performed by a licensed health-care professional.
78 Del. Laws, c. 330, §  1;  83 Del. Laws, c. 365, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 66. Restraint of Pregnant Persons in Custody › § 6604. Enforcement.

§ 6604. Enforcement.
(a) By August 11, 2012, all affected correctional institutions in Delaware shall adopt policies and procedures, pursuant to this chapter as contemplated by § 4322(d) of this title.
(b) Correctional institutions shall inform pregnant and postpartum prisoners of the rules developed pursuant to subsection (a) of this section upon determination of the pregnancy.
(c) Notwithstanding any other provisions to the contrary or § 4322(c) and (d) of this title, correctional institutions shall inform all staff contractors, medical providers, prisoners and detainees in the custody of the affected correctional institutions about the policies and procedures developed pursuant to subsection (a) of this section.
(d) The Department of Correction shall develop training guidelines regarding the use of restraints on prisoners during pregnancy, labor, and postpartum recovery and shall incorporate guidelines into appropriate training programs. Training guidelines must include all of the following:
(1) How to identify certain symptoms of pregnancy that require immediate referral to a health-care professional.
(2) Circumstances under which the exceptions under subsection (a) of this section would apply and in the case that an exception under subsection (a) of this section applies, all of the following:
a. How to apply restraints in a way that does not harm the prisoner or fetus.
b. The information required to be reported under subsection (b) of this section.
c. The right of a health-care professional to request that restraints not be used and the requirement under paragraph (a)(2)a. of this section to comply with the request.
78 Del. Laws, c. 330, §  1;  83 Del. Laws, c. 365, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 66. Restraint of Pregnant Persons in Custody › § 6605. Annual report.

§ 6605. Annual report.
No later than 30 days before the end of each fiscal year, the Commissioner of the Department of Correction shall submit a written report to the Office of the Governor, the Chairs of the House Corrections Committee and the Senate Corrections and Public Safety Committee, the Director and the Librarian of the Division of Research of Legislative Council, and the Public Archives that certifies compliance with this chapter and includes an account of every instance where restraints were used on a prisoner who is pregnant, in labor, in delivery, or in the immediate postpartum period, other than the use of wrist restraints fastened in front of the body. The written report shall not contain any individually identifying information of any prisoner. Such reports shall be made available for public inspection.
78 Del. Laws, c. 330, §  1;  83 Del. Laws, c. 365, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 67. BOOT CAMP INTENSIVE INCARCERATION › § 6701. Findings and purposes.

§ 6701. Findings and purposes.
(a) The General Assembly hereby finds that certain offenders, especially young adults, respond positively to a short term military-type program which would provide for the restructuring of behavior through a highly-regimented routine of physical exercise, hard work, continued education, and substance abuse therapy. The General Assembly also finds that the cost of incarcerating the increasing number of criminal offenders in conventional prison facilities has been increasing annually, and there is an urgent need to develop and implement innovative and cost-effective options to alleviate prison overcrowding.
(b) This chapter has the following purposes:
(1) Deterrence. — To include a “shock” component to give certain offenders, especially young first offenders, an advance warning of the unpleasant consequences of conventional imprisonment, in an attempt to discourage future criminal behavior;
(2) Cost effectiveness. — To reduce future corrections expenses by utilizing cost avoidance as an effective strategy of cost savings and capital savings due to implementation of this chapter.
(3) Rehabilitation. — To develop a foundation on which a participant in the program can develop the self-control needed to meet daily stresses and challenges;
(4) Behavior modification. — To instill more positive attitudes and behavior within each participant, which will be reflected, upon release, in less negative behavior and no subsequent arrests for violent crimes.
70 Del. Laws, c. 244, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 67. BOOT CAMP INTENSIVE INCARCERATION › § 6702. Definitions.

§ 6702. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them herein, except where the context clearly indicates a different meaning:
(1) “Bureau” shall mean the Bureau of Prisons.
(2) “Department” shall mean the Department of Correction.
70 Del. Laws, c. 244, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 67. BOOT CAMP INTENSIVE INCARCERATION › § 6703. “Violent crime” defined.

§ 6703. “Violent crime” defined.
For purposes of this chapter, the words “violent crime” shall mean:
abuse of an adult who is impaired; abuse of a patient in a nursing facility; abuse of a patient causing injury; abuse of a patient causing death; adulteration causing death; adulteration causing injury; aggravated intimidation; arson in the first degree; arson in the second degree; assault in the first degree; assault in the second degree; assault in the third degree; assault in the first degree on K-9 dog causing, injury or death to the dog; assault on a K-9 dog with risk of injury to the dog; assault in a detention facility which causes injury; assault in a detention facility; assault on a sports official; bestiality; home invasion; burglary in the first degree; carjacking; carrying a concealed deadly weapon (firearm offense); continuous sexual abuse of child; criminally negligent homicide; dealing with child pornography, second offense; possession of a destructive weapon; reckless endangering; escape after conviction; escape in the second degree; extortion; possession of an explosive device; unlawful imprisonment; incest; kidnapping in the first degree; kidnapping in the second degree; manslaughter; manufacture or use or possession of explosives or an incendiary device; murder in the first degree, murder in the second degree; organized crime and racketeering; possession of a deadly weapon during the commission of a felony; possession of a destructive weapon; possession of a firearm during the commission of a felony; promoting prison contraband (weapon); promoting prostitution in the first degree; racketeering; reckless endangering first degree; reckless endangering in the second degree; riot; robbery in the first degree; robbery in the second degree; continued sexual abuse of child; unlawful sexual contact in the first degree; unlawful sexual contact in the second degree; unlawful sexual contact in the third degree; sexual exploitation of a child; sexual extortion; rape in the first degree; rape in the second degree; rape in the third degree; rape in the fourth degree; unlawful sexual intercourse in the first degree; unlawful sexual intercourse in the second degree; unlawful sexual intercourse in the third degree; unlawful sexual penetration in the first degree; unlawful sexual penetration in the second degree; unlawful sexual penetration in the third degree; stalking; terroristic threatening; unlawful firearm transactions (second or subsequent offense); unlawful imprisonment in the first degree; unlawful transportation of a firearm to commit a felony; vehicular assault in the first degree; vehicular assault in the second degree; vehicular homicide in the first degree; vehicular homicide in the second degree; wearing body armor during felony.
70 Del. Laws, c. 244, §  1;  71 Del. Laws, c. 7, §  1;  71 Del. Laws, c. 285, §  21;  77 Del. Laws, c. 313, §  3;  78 Del. Laws, c. 13, §§  15, 16;  78 Del. Laws, c. 224, §  24;  78 Del. Laws, c. 252, §  13;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 67. BOOT CAMP INTENSIVE INCARCERATION › § 6704. Establishment of boot camp programs.

§ 6704. Establishment of boot camp programs.
(a) The Bureau of Prisons may establish 1 or more regimented boot camp inmate training programs. Subject to appropriations therefor, each such program shall include, but not be limited to:
(1) A military-style intensive physical training and discipline component;
(2) An educational and vocational component, emphasizing job-seeking skills;
(3) A health education component;
(4) A substance abuse education and treatment component, which shall be structured as an integral part of the boot camp program; and
(5) Such other activities as may be deemed appropriate and effective by the Bureau.
(b) The Bureau may establish and enforce standards for the boot camp program, and each component set forth in paragraphs (a)(1) through (a)(5) of this section.
(c) The boot camp facilities and all boot camp participants should be effectively separated from the general inmate population, and shall be supervised by a specially-trained staff.
(d) The boot camp program shall be 6 months in duration; provided however, that any participant who is assigned to the program shall remain in the program at least 1 month, unless the camp commander, in the commander's discretion, determines otherwise. In exceptional cases, a participant may be retained in the program in order to join the next following class if the additional time spent in the program is, in the opinion of the Bureau, needed to allow such person to complete the program successfully after illness or other circumstance has delayed such person's normal progress through the program.
(e) Selection for participation in a boot camp program is a privilege, and not a right. No person has the right to participate in a boot camp program.
70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 244, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 67. BOOT CAMP INTENSIVE INCARCERATION › § 6705. Sentencing; boot camp designation.

§ 6705. Sentencing; boot camp designation.
(a) Each participant in the boot camp program shall have first been convicted of a criminal offense. The selection of boot camp participants shall be made by the Bureau from those offenders not otherwise excluded under this section. However, satisfying the statutory or regulatory qualifications for admission to the boot camp program shall not mean that an offender shall automatically be permitted to participate in the program.
(b) Notwithstanding the provisions of subsection (a) of this section, the following offenders shall not be classified or otherwise permitted to participate in the boot camp program:
(1) Any person declared to be an habitual offender under § 4214 of this title;
(2) Any person who is serving a sentence of Level V incarceration for a violent crime;
(3) Any person who is serving a sentence for a violation of probation or parole where the crime for which the offender was originally convicted is any class A, B or C Title 11 violent felony, or any sexual offense as set forth in subpart D of subchapter II of Chapter 5 of this title or any of the following offenses:
Vehicular homicide first and second degree, criminally negligent homicide, promoting prison contraband felony or stalking;
(4) Any person designated by the sentencing court or the Attorney General pursuant to subsection (c) of this section as not being eligible for the boot camp program.
(c) The sentencing court or the Attorney General shall have the authority to designate any person as bootcamp ineligible at the time of sentencing. Such designation shall be specifically and clearly set forth in the sentencing order.
(d) Subject to the provisions of subsections (a), (b)(1) and (b)(3) of this section, any person serving a sentence for a violation of probation or parole shall be eligible for the boot camp program.
70 Del. Laws, c. 244, §  1;  71 Del. Laws, c. 7, §  2;  71 Del. Laws, c. 174, §§  1-3;  71 Del. Laws, c. 484, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 67. BOOT CAMP INTENSIVE INCARCERATION › § 6706. Criteria for selection and classification by the Bureau.

§ 6706. Criteria for selection and classification by the Bureau.
In order for a person to be eligible for selection by the Bureau for the boot camp program, such person shall:
(1) Not be subject to any of the exclusionary criteria under § 6705(b) or (c) of this title;
(2) Be at least 18 years of age at the time of sentencing;
(3) Have been sentenced to a period of incarceration of 5 years or less;
(4) In accordance with the Bureau's assessment and determination, be physically and mentally capable of successfully completing the rigorous boot camp program; provided, however, no such assessment and/or determination shall be deemed as a waiver of any of the various immunity defenses or otherwise trigger a duty, obligation and/or liability on the Department or Bureau not presently provided under applicable law;
(5) Be a resident of the State; and
(6) Have a term of not less than 9 months, nor have more than 18 months remaining in Level V incarceration.
70 Del. Laws, c. 244, §  1;  71 Del. Laws, c. 7, §  3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 67. BOOT CAMP INTENSIVE INCARCERATION › § 6707. Contract; admission into the program.

§ 6707. Contract; admission into the program.
No offender may participate in the boot camp program unless such individual voluntarily enrolls by agreeing to be bound by a written contract with the Bureau, which contract shall clearly set forth the obligations, duties, responsibilities and expectations with which such offender must comply. A representative of the Bureau shall also explain to the offender the intended benefits of the program, and the consequences of failing the program. The time served as a boot camp participant shall begin the first day such person is physically within the camp.
70 Del. Laws, c. 244, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 67. BOOT CAMP INTENSIVE INCARCERATION › § 6708. Evaluation of program participants.

§ 6708. Evaluation of program participants.
Each participant shall be evaluated by members of the boot camp staff on a continual basis throughout the period of such person's participation in the program. Such evaluation shall include the participant's performance within the program, the likelihood of successful adjustment after release, and such other matters which the boot camp staff deems relevant or important.
70 Del. Laws, c. 244, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 67. BOOT CAMP INTENSIVE INCARCERATION › § 6710. Sanctions; removal from the program.

§ 6710. Sanctions; removal from the program.
(a) A participant who is accepted into the boot camp program shall not receive any credit for time spent in the program, except for actual time served, unless such participant completes the full program. Before any participant is deemed to have completed the full boot camp program, such participant must have been graduated from the program with a written certification of successful completion.
(b) A participant who fails to complete the boot camp program, who is administratively terminated from the program, or who violates any conditions of the program, shall be re-classified to serve the full unexpired term of the original sentence.
(c) Upon the successful completion of the boot camp program as determined by the Department in its sole discretion, and having served at least 6 months of incarceration, the participant shall be allowed to serve the remaining part of the participant's Level V sentence at either Level IV or Level III, in the discretion of the Department. Should a boot camp graduate violate the Level IV or Level III conditions of supervision, such person shall upon conviction of a violation of probation, be returned to Level V custody to serve the full term of the original Level V sentence, less the 6 months served in boot camp.
70 Del. Laws, c. 244, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 67. BOOT CAMP INTENSIVE INCARCERATION › § 6711. Aftercare; intensive parole supervision.

§ 6711. Aftercare; intensive parole supervision.
A person who has successfully completed the boot camp program shall be placed under parole supervision (Level IV or Level III supervision). During this period, such person shall participate in an aftercare program which emphasizes completion of GED requirements where appropriate, drug and alcohol education and treatment; the development of job placement skills and opportunities; and the learning of successful employment habits and attitudes.
70 Del. Laws, c. 244, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 81. FIREARM FORENSICS › § 8101. Declaration of policy.

§ 8101. Declaration of policy.
It shall be the policy of this State for its various law-enforcement agencies to fully employ electronic technology and interjurisdictional information and analysis sharing programs to deter and solve gun crimes.
80 Del. Laws, c. 426, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 81. FIREARM FORENSICS › § 8102. Procedure for certain seized, recovered firearms, shell casings.

§ 8102. Procedure for certain seized, recovered firearms, shell casings.
(a) Whenever a law-enforcement agency seizes or recovers a firearm that was unlawfully possessed, used for any unlawful purpose, recovered from the scene of a crime, is reasonably believed to have been used or associated with the commission of a crime, or is acquired by the agency as an abandoned or discarded firearm, the agency shall:
(1) Transmit and receive information relating to that firearm with the National Crime Information Center System;
(2) Transmit and receive information relating to that firearm to the United States Alcohol, Tobacco, Firearms, and Explosives E-Trace System; and
(3) Arrange for every such firearm to be test-fired as soon as may be practicable and the results of that test-firing be forthwith submitted to the National Integrated Ballistics Identification Network to determine whether the firearm is associated or related to a crime, criminal event, or any individual associated or related to a crime or criminal event or reasonably believed to be associated or related to a crime or criminal event.
(b) Whenever a law-enforcement agency recovers any spent shell casing at a crime scene or has reason to believe that the recovered spent shell casing is related to or associated with the commission of a crime or the unlawful discharge of a firearm, the agency shall, as soon as may be practicable, submit the ballistics information to the National Integrated Ballistics Identification Network.
(c) The Department of Safety and Homeland Security, in cooperation with the Department of Justice, shall develop and promulgate a statewide standard protocol for the recovery and forensic processing of firearms and firearm-related evidence where such firearm was unlawfully possessed, used for any unlawful purpose, recovered from the scene of a crime, or reasonably believed to have been used or associated with the commission of a crime.
80 Del. Laws, c. 426, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 82. CAPITOL POLICE › § 8201. Appointment and classification; primary duty.

§ 8201. Appointment and classification; primary duty.
The Department of Safety and Homeland Security, hereinafter in this chapter referred to as “Department,” may appoint police officers whose primary duty shall be to compel the enforcement of all laws within the State. They shall be officially known and referred to as “Capitol Police.”
75 Del. Laws, c. 322, §  4;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 82. CAPITOL POLICE › § 8202. Powers and duties of Capitol Police; local police officers assisting Capitol Police.

§ 8202. Powers and duties of Capitol Police; local police officers assisting Capitol Police.
Capitol Police shall have police powers similar to those of constables and other police officers, and shall be conservators of the peace throughout the State, and they shall suppress all acts of violence, and enforce all laws relating to the safety of persons and property. In addition to the foregoing, Capitol Police shall be authorized to develop, implement, maintain, exercise and update Comprehensive School Safety Plans (CSSPs) pursuant to § 8237 of Title 29 and such regulations adopted in connection therewith, as directed by the Secretary of Safety and Homeland Security.
75 Del. Laws, c. 322, §  4;  78 Del. Laws, c. 405, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 82. CAPITOL POLICE › § 8205. Capitol Police stations; location, staff and equipment.

§ 8205. Capitol Police stations; location, staff and equipment.
The Department shall establish and maintain at least 3 Capitol Police offices in the State, 1 of which shall be located at New Castle County Courthouse, New Castle County, 1 of which shall be located in Kent County, and 1 of which shall be located in Sussex County, and such other offices as the Department deems necessary for the proper policing of, and for the enforcement of the laws of the State. Such Capitol Police stations as are herein directed to be established and maintained shall each be staffed with members of the Capitol Police, and shall each be equipped with radio equipment to aid in the police work of the Department.
75 Del. Laws, c. 322, §  4;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter I. General Provisions › § 8301. Appointment and classification; primary duty.

§ 8301. Appointment and classification; primary duty.
The Department of Safety and Homeland Security, hereinafter in this chapter referred to as “Department,” may appoint police officers whose primary duty shall be to compel the enforcement of all laws relating to the weight, speed and operation of vehicles on the public highways of the State. They shall be officially known and referred to as “State Police.” The Department may classify such State Police according to such rank as the Department determines, and according to the duties assigned to them from time to time by the Department. The Superintendent of the State Police shall hold the rank of Colonel and shall be so classified by the Department. There may not be less than 660 authorized police officers. Calculations for determining the number of such positions shall include any appropriated (ASF) and nonappropriated (NSF) special funded positions.
34 Del. Laws, c. 84, §§  1, 2;  37 Del. Laws, c. 73;  Code 1935, §  5747;  45 Del. Laws, c. 276;  47 Del. Laws, c. 1;  11 Del. C. 1953, §  8301;  53 Del. Laws, c. 235, §  1;  56 Del. Laws, c. 438, §  1;  57 Del. Laws, c. 670, §  3A;  58 Del. Laws, c. 495;  66 Del. Laws, c. 241, §  1;  67 Del. Laws, c. 47, §  209;  69 Del. Laws, c. 291, §  244;  69 Del. Laws, c. 461, §  1;  72 Del. Laws, c. 98, §  1;  74 Del. Laws, c. 110, §  138;  75 Del. Laws, c. 354, §  3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter I. General Provisions › § 8302. Powers and duties of State Police; local police officers assisting State Police.

§ 8302. Powers and duties of State Police; local police officers assisting State Police.
(a) State Police shall have police powers similar to those of constables and other police officers, and shall be conservators of the peace throughout the State, and they shall suppress all acts of violence, and enforce all laws relating to the safety of persons and property. The State Police shall be the primary law-enforcement agency within the State. The State Police shall have exclusive jurisdiction, excluding the incorporated limits of any municipality maintaining an established police department, for police investigations of the following:
(1) Homicide;
(2) Suicide;
(3) All other deaths requiring medical examiner's investigation;
(4) Kidnapping;
(5) Rape and unlawful sexual intercourse; and
(6) All attempts thereof.
(b) When police officers who are certified by the Delaware Police Officer Standards and Training Commission are acting outside their respective jurisdiction as conservators of the peace in response to a request for assistance from the State Police, those officers shall be considered to be acting as State Police Officers and shall have the powers of arrest thereof.
(c) State Police shall have all powers and jurisdiction to enforce all county noise ordinances duly enacted in the unincorporated areas of Kent County and Sussex County.
34 Del. Laws, c. 84, §  4;  Code 1935, §  5747;  45 Del. Laws, c. 276;  11 Del. C. 1953, §  8302;  58 Del. Laws, c. 204;  60 Del. Laws, c. 103, §  1;  61 Del. Laws, c. 7, §  1;  66 Del. Laws, c. 269, §  10;  72 Del. Laws, c. 131, §  1;  74 Del. Laws, c. 45, §  1;  76 Del. Laws, c. 111, §  1;  84 Del. Laws, c. 149, § 7;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter I. General Provisions › § 8303. Salaries.

§ 8303. Salaries.
Each of the State Police shall receive a salary in accordance with the current State Police compensation schedule. Years of service commence as of anniversary date of hire. The Superintendent of State Police shall receive a salary that is 9 percent greater than the Assistant Superintendent of State Police. The Assistant Superintendent of State Police shall receive a salary that is 9 percent greater than the most senior ranking major of the State Police. Upon the retirement of the most senior major, no adjustment shall be made to the salaries of the incumbent Superintendent or Assistant Superintendent. Adjustments shall be made during the normal budget process.
34 Del. Laws, c. 84, §  3;  35 Del. Laws, c. 64;  37 Del. Laws, c. 76;  Code 1935, §  5747;  45 Del. Laws, c. 276, §  1;  11 Del. C. 1953, §  8303;  56 Del. Laws, c. 353, §  1;  57 Del. Laws, c. 331, §  1;  58 Del. Laws, c. 332, §  1;  59 Del. Laws, c. 379, §  1;  60 Del. Laws, c. 696, §  1;  71 Del. Laws, c. 132, §  246;  76 Del. Laws, c. 280, §  288;  82 Del. Laws, c. 64, § 249;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter I. General Provisions › § 8304. Uniforms.

§ 8304. Uniforms.
The Superintendent of State Police shall, subject to the approval of the Department, prescribe the specifications for the standard uniforms to be used by the State Police.
34 Del. Laws, c. 84;  37 Del. Laws, c. 73;  Code 1935, §  5748;  43 Del. Laws, c. 263, §  1;  11 Del. C. 1953, §  8304;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter I. General Provisions › § 8305. State Police stations; location, staff and equipment.

§ 8305. State Police stations; location, staff and equipment.
The Department shall establish and maintain at least 5 State Police stations in the State, 1 of which shall be located at Penny Hill, New Castle County, 1 of which shall be located at or near the intersection of Routes 40 and 896, New Castle County, 1 of which shall be located at or near the City of Dover, Kent County, 1 of which shall be located at or near Bridgeville, Sussex County and 1 of which shall be located at or near Georgetown, Sussex County, and such other stations as the Department deems necessary for the proper policing of the highways of the State and for the enforcement of the laws of the State. Such State Police stations as are herein directed to be established and maintained shall each be staffed with members of the State Police, and shall each be equipped with radio equipment to aid in the police work of the Department.
Code 1935, §  5747A;  46 Del. Laws, c. 49, §  1;  11 Del. C. 1953, §  8305;  72 Del. Laws, c. 340, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter I. General Provisions › § 8306. Work week.

§ 8306. Work week.
The regular work week of all members of the State Police appointed by the Department shall consist of a 5-day, 40-hour week, except at such times as the Department, acting upon the specific recommendation of the Superintendent of State Police, may declare a longer regular work week during periods of special need.
11 Del. C. 1953, §  8306;  49 Del. Laws, c. 101, §  1;  57 Del. Laws, c. 331, §  2;  57 Del. Laws, c. 670, §  3B;  58 Del. Laws, c. 332, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter I. General Provisions › § 8308. Crime Reduction Fund.

§ 8308. Crime Reduction Fund.
(a) The Superintendent of the State Police is authorized to administer a fund to be known as the “Crime Reduction Fund.”
(b) Expenses for the administration of this Fund shall be paid by the State Treasurer out of funds of the General Fund, not otherwise appropriated, not to exceed $10,000 in any fiscal year.
11 Del. C. 1953, §  8308;  57 Del. Laws, c. 493.;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter II. Pensions; Disability and Death Benefits › § 8322. Police Retirement Fund.

§ 8322. Police Retirement Fund.
The Police Retirement Fund, hereafter in this subchapter referred to as “Fund,” shall be created in the following manner:
All rewards offered for any particular service, when otherwise payable to any member of the State Police, shall be paid to the Secretary of Finance and shall be credited by the Secretary to the account of the Fund. Also there shall be deducted each month from the monthly payroll of each member of the State Police 5 percent of the amount of the member's salary and such amount shall be paid to the Secretary of Finance and shall be credited by the Secretary to the account of the Fund; provided, however, that for any member of the State Police who has completed 20 years of credited service and who was hired before July 1, 1980, and for any member of the State Police who has completed 25 years of credited service and who was hired after July 1, 1980, as defined in this chapter, there shall be deducted from the monthly payroll of each such member of the State Police 2 percent of the amount of the member's salary and such amount shall be paid to the Secretary of Finance and shall be credited by the Secretary to the account of the Fund. At the same time, the Secretary of Finance shall transfer from the funds of the Department of Safety and Homeland Security and credit to the Fund, each month, a sum equivalent to 5 percent of the amount of the monthly payroll of all of the members of the State Police. If at any time there shall be insufficient money in the Fund for the purposes of this subchapter, the Secretary of Finance shall transfer from the funds of the Department of Safety and Homeland Security sufficient money to make up any such deficiency. No money shall be paid out of the Fund thus created, except for the purposes of this subchapter and on warrants of the Board of Pension Trustees. The assets of the Fund will be commingled in the Delaware Public Employees' Retirement System as provided for by § 8308 of Title 29. 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.
41 Del. Laws, c. 262, §  2;  11 Del. C. 1953, §  8322;  57 Del. Laws, c. 741, §§  41B, 41C;  60 Del. Laws, c. 695, §  1;  66 Del. Laws, c. 295, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 121, §  4;  71 Del. Laws, c. 165, §  6;  74 Del. Laws, c. 110, §  138;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter II. Pensions; Disability and Death Benefits › § 8325. Eligibility of dependents.

§ 8325. Eligibility of dependents.
The surviving spouse or minor children or sole dependent parent of any member of the State Police, who shall have heretofore or shall hereafter die after having been retired or after having been eligible to retire under this subchapter, or who shall have heretofore or shall hereafter lose life in the performance of the member's duties, or when death results from injury received in the performance of the member's duties, shall receive a pension equal to three fourths of the salary of such member at the time of death. Such pension to such minor children shall be discontinued when the youngest dependent child shall cease to be a dependent as defined by § 8351(4) of this title; provided, however, that anyone entitled to receive a pension under this section prior to January 1, 1972, shall as of that date receive an amount equal to three fourths of the monthly payment to which the decedent would have been entitled under this chapter had the death occurred on or after January 1, 1972. Thereafter, pensions of those eligible under this section shall not be recomputed based on the salaries of active duty State Police; provided further, however, that as of July 1, 1974, the monthly amount payable to those eligible under this section shall increase on July 1 of each year by any cumulative percentage increase in the national consumer price index average of the previous calendar year, plus the aggregated cumulative percentage change in the national consumer price index average of the previous consecutive years in which an increase was not granted. A cumulative percentage decrease in any calendar year shall not result in any reduction in the pension rates. Any pension to a surviving spouse that has been discontinued as a result of remarriage shall be reinstated as of July 1, 2002, at the rate that the surviving spouse would have been receiving if the surviving spouse's pension had not been discontinued.
41 Del. Laws, c. 262, §  5;  11 Del. C. 1953, §  8325;  50 Del. Laws, c. 491, §  1;  54 Del. Laws, c. 89, §  3;  54 Del. Laws, c. 129;  58 Del. Laws, c. 332, §  5;  67 Del. Laws, c. 20, §§  1, 2;  69 Del. Laws, c. 154, §§  1, 3;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 384, §§  5, 6;  73 Del. Laws, c. 396, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter II. Pensions; Disability and Death Benefits › § 8327. Limitations on pension benefits.

§ 8327. Limitations on pension benefits.
Sections 8323, 8324 and 8326 of this title shall apply to and be for the benefit of any member of the State Police retired as of June 28, 1963, or at any time thereafter, or to the surviving spouse, minor children or sole dependent parent, as the case may be, and such pension payments, as adjusted from time to time as provided in this subchapter, shall continue so long as any person is entitled thereto by virtue of this subchapter.
11 Del. C. 1953, §  8327;  54 Del. Laws, c. 89, §  5;  56 Del. Laws, c. 115;  69 Del. Laws, c. 154, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter II. Pensions; Disability and Death Benefits › § 8328. Adjustment of benefits.

§ 8328. Adjustment of benefits.
(a) On and after July 1, 1972, no pension which has been in effect for 3 years shall be subject to adjustment. This provision shall not apply to adjustments of pensions required to implement subsection (b) of this section.
(b) Effective September 1, 1972, the amount of any pension in effect on July 1, 1969, shall be the greater of:
(1) The monthly pension rate paid in July, 1969, or (2) the recalculated amount determined as a result of audits made between May, 1971, and June 30, 1972, inclusive of any increases provided between July 1, 1969, and June 30, 1972, provided that the minimum pension payable for any month after July, 1969, shall be the monthly pension rate paid in July, 1969.
(c) Any pension overpayments discovered as a result of audits made between May, 1971, and June 30, 1972, shall not be subject to recovery.
11 Del. C. 1953, §  8328;  58 Del. Laws, c. 527, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter II. Pensions; Disability and Death Benefits › § 8329. Withdrawal of pension contributions.

§ 8329. Withdrawal of pension contributions.
Upon the withdrawal from service of a member who is not eligible for a service or disability pension, the accumulated contributions with interest shall be paid to the member. This section shall be applied retrospectively to members who withdrew from service on or after July 1, 1976.
62 Del. Laws, c. 397, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter II. Pensions; Disability and Death Benefits › § 8330. Employer pickup of employee contributions.

§ 8330. Employer pickup of employee contributions.
(a) Each participating employer, pursuant to the provisions of § 414(h)(2) of the United States Internal Revenue Code [26 U.S.C. § 414(h)(2)], shall pick up and pay the contributions which would otherwise be payable by the members under § 8322 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, §  4;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter II. Pensions; Disability and Death Benefits › § 8331. Burial benefits.

§ 8331. Burial benefits.
(a) Upon the death of an individual receiving a pension under this subchapter, a benefit will be paid from the Fund in the same manner as benefits provided under § 5546 of Title 29.
(b) The benefit granted under this section shall not be construed as a 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, §  1;  76 Del. Laws, c. 80, §  90;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter II. Pensions; Disability and Death Benefits › § 8332. Payment of benefits.

§ 8332. Payment of benefits.
Benefits shall be due and payable under this chapter only to the extent provided in this chapter, and neither the State nor the Closed State Police Retirement Fund shall be liable for any amount in excess of such sums.
71 Del. Laws, c. 132, §  85;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter II. Pensions; Disability and Death Benefits › § 8333. Attachment and assignment of benefits.

§ 8333. Attachment and assignment of benefits.
Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis, the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the beneficiary designated and shall not be subject to assignment or transfer.
71 Del. Laws, c. 337, §  6;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter II. Pensions; Disability and Death Benefits › § 8334. Establishment of Fund.

§ 8334. Establishment of Fund.
There shall be established a State Police Retirement Fund, hereinafter referred to as “Fund,” to which state appropriations and other employer contributions shall be deposited monthly and to which employee contributions shall be deposited upon deduction from the employee's paycheck and to which earnings on investments, any other contributions, gifts, donations, grants, 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.
76 Del. Laws, c. 279, §  9;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8352. Employment of pensioners.

§ 8352. Employment of pensioners.
An individual shall not receive a pension under this subchapter for any month during which the individual is an employee, as defined in § 8351(5) of this title or § 5501 of Title 29, unless the individual is:
(1) An official elected by popular vote at a regular or special election; or
(2) An official appointed by the Governor; or
(3) A registration or election official, or a juror; or
(4) Receiving an ordinary service, disability or survivor's pension.
The employment, except employment as an elected official, may not be used for further retirement benefits.
62 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 142, §§  1, 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8353. Attachment and assignment of benefits.

§ 8353. Attachment and assignment of benefits.
Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis, the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the beneficiary designated and shall not be subject to assignment or transfer.
62 Del. Laws, c. 361, §  1;  71 Del. Laws, c. 337, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8354. Powers and duties of the Board.

§ 8354. Powers and duties of the Board.
The Board shall have the power and duty to appoint an Executive Secretary who shall be responsible for determining the eligibility for retirement pension benefits under this chapter.
82 Del. Laws, c. 87, § 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8361. Mandatory retirement.

§ 8361. Mandatory retirement.
A member may retire after accumulating 20 years of credited service as defined in § 8351(3)a. of this title, or shall be retired upon reaching the age of 55 years.
62 Del. Laws, c. 361, §  1;  66 Del. Laws, c. 192, §  2;  72 Del. Laws, c. 483, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 83. STATE POLICE › Subchapter III. Service, Disability and Survivor’s Pensions › § 8362. Retirement option.

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