Authorized Disclosures Title 11 Del. C. 9210 and Title 11 Del. C. 9211  

Description

On August 7, 2023, Governor Carney signed into law House Bill 205, which amended Title 11, Chapter 92 (formally known as the Law Enforcement Officer Bill of Rights).  Among other changes to Chapter 92, HB 205 added two disclosures that Delaware law enforcement agencies must provide to the Criminal Justice Council for publication.

How will the information be posted?

The Delaware Criminal Justice Council (CJC) is responsible to post investigative narratives prepared by police agencies and annual reports required by 11 Del. C. §9210 and 11 Del. C. §9211 to its website. The CJC is not responsible for the completeness or accuracy of the information supplied under 11 Del. C. §9210 or under 11 Del. C. §9211 other than to post a true and correct copy of the narrative and the yearly agency report that are both provided to the CJC from the reporting police agency. Please direct any questions concerning the investigative narrative or the annual report to the reporting police agency.

11 Del. C. 9210  

Pursuant to 11 Del. C. § 9210, beginning on August 7, 2023, an investigating agency shall prepare, within 30 days following the completion of a formal investigation and the conclusion of any hearing required by Chapter 92, a detailed narrative of the investigation, not including any compelled statements of an officer, and forward the detailed narrative to the Criminal Justice Council with regard to any of the following:

1. Incidents where a law-enforcement officer has discharged a firearm at a person.
2. A law-enforcement officer’s use of force that results in serious physical injury.
3. An investigation that results in a sustained finding that a law-enforcement officer engaged in a sexual assault or sexual harassment. For purposes of this paragraph, “sexual assault” means the commission or attempted initiation of a sexual act by means of force, threat, coercion, extortion, or offer or implication of leniency or official favor, under the color of authority. Propositioning sex or commission of a sexual act while an officer is on duty is deemed a “sexual assault.”
4. An investigation that results in a sustained finding that a law-enforcement officer engaged in dishonest conduct. This includes, but is not limited to sustained findings of perjury, false statements, filing false reports, witness tampering, and destruction, falsification, or concealment of evidence.
5. A sustained finding of domestic violence by a law-enforcement officer.

The detailed narratives required may not reveal the name or any personal identifying information of a victim or witness. In a domestic violence case where revealing the name of the officer would also allow identification of the victim, the officer’s name may be redacted.

“Detailed Narrative” is defined as “a complete description of the facts, steps taken to further an investigation, evidence collected, conclusions reached, the names of officers involved for whom misconduct was substantiated, any discipline assigned in connection with the event, and the employment status of disciplined officers.” 11 Del. C. § 9200(b)(1).

11 Del. C. 9211

Pursuant to 11 Del. C. § 9211, beginning in 2024, the Criminal Justice Council will post annual reports from Delaware law enforcement agencies that disclose (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, and (3) the number of formal investigations that resulted in a sustained finding of misconduct, an unsubstantiated finding, or any other disposition.

How long does the process take from incident to findings?

The Criminal Justice Council shall post narratives they receive from Law Enforcement on their website within 30 calendar days of receipt.

For more, contact:

At the Criminal Justice Council: Michael Kelly via email or by phone (302) 577-8717

Interested individuals may also contact the Investigating Agency with additional questions.

The Criminal Justice Council will continue to work with the Delaware Association of Chiefs of Police and the Police Officers Standards and Training Commission (POST) to streamline and to improve the process for the submission of the required disclosures. Further, the Delaware Association of Chiefs of Police lists agency contact information for all Delaware Law Enforcement Agencies.

This is a new site, please check back and or reach out with any questions and or concerns.

More Information & Reports

1. Title 11 Chapter 9210
2. Letter from CJC Executive Director, Chris Kervick
3. Delaware Criminal Justice Council Authorized Disclosure Form (blank)

Law Enforcement Narratives (sorted by receipt date)

Please direct any questions concerning the investigative narrative to the reporting police agency

• Delaware Division of Alcohol and Tobacco Enforcement, received 2-15-2024