Delaware General Assembly

Signed 8/7/23

Becomes effective upon date of signature of the Governor or upon date specified

6/2/23

K. Johnson

Sen. Brown, Lockman, Pinkney
Reps. Minor-Brown, Bolden, Cooke, Chukwuocha, Dorsey Walker, Harris, Bush

Rep. Briggs King

AN ACT TO AMEND TITLES 10, 11, 24, 29, AND 4 OF THE DELAWARE CODE RELATING TO POLICE OFFICER STANDARDS AND TRAINING COMMISSION.

This Act revamps the Council on Police Training, by changing the name of the Council to the Police Officer Standards and Training Commission (or POST) and amending its powers and duties to: (1) more accurately reflect the dual role of establishing training standards for Delaware police officers as well as overseeing allegations of police officer misconduct and conducting hearings for possible suspensions or de-certifications; (2) untethering the Council from the Delaware State Police by deleting the requirement that the Director of the Delaware State Police Academy is responsible for education and training in connection with the Council’s duties and responsibilities; (3) removing the requirement that discipline proceedings be tied to whether the employing department takes action against the officer and increasing the instances when discipline can be issued; (4) advising the Delaware Police Accreditation Commission regarding statewide accreditation standards; (5) issuing guidelines for local police oversight commissions or boards. The Bill improves transparency by increasing required meetings from two to four per year, clarifying that decisions of disciplinary panels are public documents, requiring that departments form public accountability commissions with non-officer members, and requiring a public comment period and an official website with publication of pertinent records and documents of the POST. By amending the definition of “police officer,” the bill also requires that officers employed only part-time are subject to the regulatory oversight of the POST. The Bill proposes that the Council’s day-to-day functions be provided through professionals retained by the Department of Safety and Homeland Security. Finally, the Bill makes minor technical and other non-substantive changes, including deleting outdated provisions of the Code. This includes striking the provision that required body-worn camera standards to be in place by 2022 – since those regulations are now in place – and instead requiring the POST to “periodically review and propose updates as needed to regulations and standards” for body-worn cameras in cooperation with other stakeholders. Sections 2 through 16 make conforming changes to other parts of the Code that referenced the Council on Police Training.

84:149

18

8/7/23

N/A

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