Authenticated PDF Version1.1 A bail enforcement agent (BEA) identification card, license and badge shall not be issued if the applicant has not complied with the provisions set forth in 24 Del.C. Ch. 55 and the regulations set forth herein. Moreover, no identification card, license and badge shall be issued if charges are pending under 24 Del.C. §5507.
1.2 The individual BEA applying for an identification card, license and badge under 24 Del.C. Ch. 55 must also meet the following qualifications:
1.2.1 Must complete the training qualifications set forth in Section 6.0; and
1.3 The individual BEA applying for licensure under 24 Del.C. Ch. 55 must submit the following for approval:
1.3.1 A fee of $75 for a four (4) year ID card license and badge; and
1.3.2 Any and all applications required by the Professional Licensing Section.
1.4 The identification cards, licenses and badges are the property of the Delaware State Police.
1.6 The individual BEA re-applying for an identification card, license and badge under 24 Del.C. Ch. 55 must submit the following for approval:
1.6.2 Proof of completion of the continuing education set forth in Section 7.0; and
1.6.3 Any and all applications required by the Professional Licensing Section.
2.0 Badges, Patches, and Advertisements
2.1 No individual licensed under 24 Del.C. Ch. 55 shall use any type of uniform or other clothing items displaying logos, badges, patches, or any other type of writing without first being approved by the Board. Under no circumstances shall any item contain the seal or crest of the State of Delaware, any state of the United States, the seal or crest of any county or local sub division, or any facsimile of the aforementioned seals or crests.
2.1.1 All BEA’s shall at all times during the lawful performance of their duties pursuant to 24 Del.C. Ch. 55 and the regulations set forth herein use or display the following:
2.1.1.1 Their assigned badge on the front of the outer most garment; and
2.1.1.2 Wearing of a ballistic vest; and
2.3 The use of auxiliary lights or sirens on vehicles is prohibited.
The use of animals is prohibited in the performance of any BEA activity.
4.1 Section 4.0 shall apply only to individuals licensed under 24 Del.C. Ch. 55, while such individuals are acting in the performance of their duties as a BEA.
4.2 No individual licensed under 24 Del.C. Ch. 55 shall carry a firearm unless that individual has first passed an approved firearms course of instruction and an initial qualification administered by an approved firearms instructor. The course of instruction shall include a minimum 40 hours of training. The Professional Licensing Section may waive the 40 hour training requirement depending upon the applicant’s professional credentials, training and/or work experience (i.e. prior law enforcement). If waived, they must show proficiency and qualify a day and low light shoot with an approved firearms instructor. The initial qualification course shall be used to fulfill one day and one low light requirement during the first year; however an additional day shoot must be completed at least 90 days after the date of initial certification, within the calendar year.
4.3 In order to open carry a firearm while in the performance of their duties, individuals licensed to carry a firearm under 24 Del.C. Ch. 55 must shoot a minimum of three qualifying shoots per calendar year, scheduled on at least two separate days, with a minimum 90 days between scheduled day shoots. Of these three, there will be one mandatory "low light" shoot which may be combined with a day shoot. Two day shoots shall not be completed on the same date. These qualifying shoots will be administered by an approved firearms instructor.
4.4 Only the handguns with the following calibers are permitted:
4.8 All ammunition must be factory fresh (no re-loads).
4.9 The minimum passing score is 80%.
4.11.1 An individual may not change weapons after September 30th, of the current calendar year, without prior approval of the Director of Professional Licensing, after submitting a request to the Professional Licensing Section. If approval is granted, the individual must be certified and submit certification of a day and low light qualification to the Professional Licensing Section prior to carrying the weapon.
4.12 Firearms instructors providing instruction under Section 4.0:
5.0 Baton, Inflammatory Agent Sprays, Chemical Sprays, and Handcuffs
5.1 Anyone licensed under 24 Del.C. Ch. 55 wishing to carry law enforcement style batons, inflammatory agent sprays, chemical sprays, and handcuffs, while in the performance of their duties as a BEA under 24 Del.C. Ch. 55, must have completed a training program on each and every weapon/item. The carrying of these weapons/items is only authorized after the BEA completes the appropriate training program with a certified instructor as required by the manufacture of the weapon/item and all certification and re-certifications are provided to the Professional Licensing Section.
5.1.1 Under no circumstances would a person be permitted to carry any other type weapon/item, while in the performance of their duties as a BEA under 24 Del.C. Ch. 55, unless first approved by the Director.
5.1.2 Any person registered in 24 Del.C. Ch. 55 who fails to provide a valid certification for any of the above weapons, if carried while in the performance of their duties as a BEA under 24 Del.C. Ch. 55, will be subject to disciplinary actions consistent with the law.
6.0 Training Requirements For Issuance of a License
6.1 All individuals applying for licensure under 24 Del.C. Ch. 55 must complete a minimum of eight hours of training in 6.1.1 prior to the issuance of an identification card, license and badge. This initial eight hours will fulfill the first year of the required continuing education. Must pass the test with a minimum score of 75%. Any failed test may be taken again within two weeks of the class. A second failed test will require the individual to take the classroom training again at the next scheduled class.
6.1.2 All classroom training and testing must be given by a Board approved facility.
7.0 Continuing Education and Training
7.2 All continuing education/training courses must be approved by the Board.
8.1 All BEA’s licensed under 24 Del.C. Ch. 55 are required to notify the Public Safety Answering Point (PSAP) for the appropriate jurisdiction prior to making any attempt at an apprehension or surveillance. This notification must occur prior to responding to the address of the attempt/surveillance. Notification shall be made to the same PSAP when clearing the address of the attempt/surveillance. If notification cannot be made to the PSAP of jurisdiction, the BEA shall contact the Regional Center for the County - Recom, Kentcom, or Suscom.
9.0 Conducted Electrical Weapon (CEW)
9.2.1 All CEW instructors must be approved by the Professional Licensing Section before they are authorized to instruct or qualify individuals licensed under 24 Del.C. Ch. 55.
10.0 Suspensions and Revocations
10.1 The Director of the Professional Licensing Section shall have the power to invoke the intent to suspend or revoke any individual issued an identification card, license and badge under Title 24 Chapter 55 that violates the Chapter or the promulgated Rules & Regulations.
10.2 The Director of the Professional Licensing Section may issue an intent to suspend or revoke any individual issued an identification card, license and badge under 24 Del.C. Ch. 55, that has been arrested and that arrest could result in the conviction of any misdemeanor or felony that violates the Chapter or the promulgated Rules and Regulations.
11.1 For the purposes of 24 Del.C. Ch. 55, the Director of the Professional Licensing Section may deny an application, suspend, or revoke an identification card, license and badge if the applicant or licensee has been convicted of a misdemeanor crime involving moral turpitude. A misdemeanor crime involving moral turpitude includes, but is not limited to, the following crimes in the Delaware Code (or similar crimes under the laws of other jurisdictions):
11.1.1 Title 11 Crimes and Criminal Procedures Ch. 5 Specific Offenses:
11.1.1.1 §763 Sexual harassment;
11.1.1.2 §764 Indecent exposure in the second degree;
11.1.1.3 §765 Indecent exposure in the first degree;
11.1.1.5 §767 Unlawful sexual contact in the third degree;
11.1.1.6 §781 Unlawful imprisonment in the second degree;
11.1.1.9 §871 Falsifying Business Records
11.1.1.11 §907 Criminal Impersonation
11.1.1.12 §1101 Abandonment of a Child;
11.1.1.13 §1102 Endangering the Welfare of a Child;
11.1.1.14 §1105 Crime Against a Vulnerable Adult;
11.1.1.15 §1106 Unlawfully Dealing with a Child;
11.1.1.16 §1107 Endangering Children;
11.1.1.17 §1245 Falsely Reporting an Incident;
11.1.1.20 §1343 Patronizing a Prostitute; and
11.1.1.21 §1355 Permitting Prostitution
11.1.2 Title 16 Health and Safety Ch. 11 Nursing Facilities and Similar Facilities
11.1.3 Title 31 Welfare Ch. 39 Adult Protective Services:
No one issued an identification card, license or badge under 24 Del.C. Ch. 55 shall be impaired, by drugs or alcohol, while performing the duties of a BEA.
