DEPARTMENT OF SAFETY AND HOMELAND SECURITY

Delaware Council on Police Training

PROPOSED

PUBLIC NOTICE

801 Regulations of the Delaware Council on Police Training

The Council on Police Training (COPT), pursuant to 11 Del.C. §8404 (a)(14) and (c), proposes to amend its regulations to add Mandatory Standards for Use of Body Worn Cameras. The proposed amendments, which were voted on during a public meeting of the COPT, on November 17, 2021, seek to add these mandatory standards to COPT’s existing Regulation 801. The amendment will set mandatory standards on police body worn camera use, activation, electronic storage and dissemination as required by 11 Del.C. §8404(c).

The COPT will allow for the submission of written comments, suggestions, or other materials regarding the proposed rules to the COPT Attn: Susan McNatt, P.O. Box 430, Dover, DE 19903 or e-mail susan.a.mcnatt@delaware.gov. Any written submission in response to this notice and the relevant proposed regulations must be received by the COPT no later than 4:30 p.m. (EST) on January 31, 2022. A copy of this regulation may be viewed online at the Registrar of Regulation's website, http://regulations.delaware.gov/services/current_issue.shtml.

DECISION AND ORDER CONCERNING THE REGULATIONS

NOW THEREFORE, under the statutory authority and for the reasons set forth above, the Council on Police Training does hereby ORDER that the regulations be, and that they hereby are, proposed to be enacted as set forth below.

Nathaniel McQueen, Jr., Chairman COPT

801 Regulations of the Delaware Council on Police Training

1.1 The objectives of the Council on Police Training are:

1.1.1 To encourage and increase the professional competency of police officers by:

1.1.1.1 Establishing minimum pre-employment qualifications for police officer applicants and;

1.1.1.2 Establishing minimum educational and training qualifications requisite to permanent appointment as a police officer, and;

1.1.1.3 Prescribing standards for in-service or reoccurring, annual training of police officers, and;

1.1.1.4 Reviewing and examining potential misconduct of Delaware police officers by providing administrative hearings to consider possible suspensions or revocations of police certification.

The following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise:

“Administrator” means the Director of Training for the Delaware State Police as defined in Section 17.0.

“Approved Academy” means a Police Basic Training School authorized by the Council to provide mandatory training and education for police officers as prescribed in this chapter.

“Combat Reload” means the rapid replenishment of ammunition in a weapon after the slide or bolt lock-back.

"Conducted Electrical Weapon” or “CEW" means an electrical device that fires two small, dart-like electrodes, which stay connected to the main unit by conductors, to deliver electric current to disrupt voluntary control of muscles causing "neuromuscular incapacitation".

“Council” or “COPT” means the Council on Police Training.

"Firearms Training" means weapons training conducted by a COPT certified firearms instructor.

“Inactive status” means status assumed by a certified police officer upon separation of employment with a law enforcement agency.

"Low Light" means when ambient lighting conditions require the addition of artificial illumination in order to effectively identify a target or suspect and properly evaluate a threat or lack thereof.

"Part-Time" means employment with a law enforcement agency that carries fewer hours per week than a full-time position. This employment must be actively documented through schedules and payroll records. At a minimum the annual hours must account for all mandatory COPT training requirements, and the officers must be listed and accounted for in the COPT Annual Survey.

“Pathology” means the branch of medicine concerned with the study of the nature of disease and its causes, processes, development and consequences.

"Performance Characteristics" of ammunition means the felt recoil, accuracy and point of impact.

“Permanent appointment” means appointment by the authority of any municipality or government unit in or of this State or the University of Delaware Police Department, Delaware State University Police Department or the Delaware River and Bay Authority to permanent status as a police officer.

“Permanent basis” means continual employment with a law enforcement agency on a full-time or part-time basis.

"Permanent separation" means the resignation, retirement, or otherwise voluntarily or involuntarily departure from his or her employing law enforcement agency.

“Police officer” means a sworn member of a police force or other law-enforcement agency of this State or of any county or municipality who is responsible for the prevention and the detection of crime and the enforcement of laws of this State or other governmental units within the State as defined in 11 Del.C. §8401(5)(a)(b), irrespective of the number of the hours worked.

"Provisional Certification" means the temporary appointment of an officer by the Administrator who has successfully completed the Police Basic Training Course as prescribed in 11 Del.C. §8405.

“Seasonal appointment” means appointment for no more than 6 months per calendar Year. Any deviation from this standard based on special circumstances will require prior approval by the Council.

"Seasonal police officer" means a police officer employed for a time frame of no more than six (6) months, from the date of completion of training, annually. A seasonal police officer may not serve as Chief of Police, Deputy Chief of Police, or Officer-in-Charge of a police department.

“Tactical Reload” means the rapid replenishment of ammunition in a weapon, prior to slide or bolt lock-back and while in a position of advantage, in an effort to maximize the quantity of ammunition in the weapon.

“Target” means approved qualification target to include: FBI QIT-99 or a dimensionally equivalent target approved by the COPT Firearms Instructor Subcommittee, and approved simulated target APG B-27 or a dimensionally equivalent target approved by the COPT Firearms Instructor Subcommittee.

“University” means the University of Delaware Police Department or Delaware State University Police Department.

“Validated test” means a test that has been shown by scientific means to be specific related to job performance and job tasks and does not have an adverse impact.

3.1 The applicant shall complete an application, the format of which has been approved by the Council.

3.2 The applicant shall be a citizen of the United States.

3.3 The applicant shall have reached his/her 18th birthday as a seasonal officer and his/her 21st birthday as a full time officer.

3.4 A licensed physician shall examine the applicant, at the expense of the employing agency, to determine that he/she is physically fit for normal police duties. The following shall be met:

3.4.1 The applicant shall be free from any major impediment of the senses.

3.4.2 The applicant shall be examined by a licensed ophthalmologist or optometrist and shall possess acuity of vision independently in each eye of not more than 20/200 corrected to 20/20. The applicant shall have the ability to distinguish between the colors of red, green, and amber; and shall have no pathology of the eyes. The applicant shall also possess acceptable depth perception.

3.4.3 The applicant shall possess hearing in both ears, individually, that is classified within normal limits/range.

3.4.4 The applicant shall have no communicable diseases.

3.4.5 The applicant shall have no physical deformities, which would be detrimental to proper performance of police duties.

3.4.6 The applicant must pass a drug-screening test prior to appointment or attendance at an approved police basic training Academy. The cost of the drug screening test will be absorbed by the employing agency. Urine tests will be conducted for the following drugs:

3.4.6.1 Amphetamines (speed, uppers, meth);

3.4.6.2 Barbiturate (barbs, downers);

3.4.6.3 Benzodiazepines (tranquilizers, Valium);

3.4.6.4 Cannabidiol (THC, pot marijuana);

3.4.6.5 Cocaine (crack, snow);

3.4.6.6 Methaqualone (quaaludes, ludes);

3.4.6.7 Opiates (heroin, smack, morphine);

3.4.6.8 Phencyclidine (PCP); and

3.4.6.9 Designer Drugs (ecstasy).

3.5 The applicant shall take and successfully complete a validated psychiatric / psychological test to show his/her competency to perform law enforcement duties. The applicant shall also be required to be examined in person and receive endorsement by a licensed psychologist / psychiatrist to determine that his mental and emotional stability is suitable to perform law enforcement duties (i.e. race relations, use of force and authority, flexibility and maturity). The following circumstances will result in a mental exam rejection: psychoneurotic reaction resulting in hospitalization, prolonged care by physician or loss of time for repeated periods.

3.6 The applicant shall be a high school graduate as evidenced by a diploma issued by a state accredited high school. An equivalency diploma issued by an accredited high school is acceptable.

3.7 The applicant shall possess a valid driver’s license.

3.8 The applicant shall be of good reputation and character. The employing department shall conduct a character and background investigation on each applicant in the form and manner as prescribed by the Council (see form IV-14). The chief, or his designee, of the hiring department, shall interview the applicant in person and all background investigation records shall be kept on file for a period of two years for those applicants not hired and permanently for those applicants hired for inspection by the Council on Police Training or its authorized representative.

3.9 The applicant shall not have been convicted of a felony or misdemeanor, which precludes the individual from possessing a weapon. The applicant shall be fingerprinted and a search made of local, state and national fingerprint files to disclose any criminal record; and the fingerprint cards and any identification records shall be made available for inspection to the Council on Police Training or its authorized representative. A search should also be made of the National Decertification Index maintained by the International Association of Directors of Law Enforcement Standardized Training (IADLEST) to determine if the applicant has ever been decertified in another jurisdiction. A conviction of any state or federal crime, as well as prior decertification, may be grounds for rejection of the applicant by the Administrator.

3.10 The applicant shall successfully complete a written job-related examination, in the form and manner as prescribed by the Council on Police Training, and the results shall be retained for a period of two years for inspection by the Council or its authorized representative. Form and manner being a validated test related to specific requirements needed to perform the duties of a police officer.

3.11 A bad conduct or dishonorable discharge from military service shall disqualify the applicant. Any discharge, other than above, which is not honorable, may be grounds for rejection, determination to be made by the hiring agency in conjunction with the Administrator.

3.12 The weight of the applicant shall be in proportion to his/her height and build or body fat percentage as established by the Cooper Institute. www.healthchecksystems.com/heightweightchart.htm

3.13 Physical Ability Testing: Each department sending recruits to a COPT approved academy within this state will be responsible to see that the applicant meets the minimum physical ability standards as set by the respective academy. Recruits found not to meet the minimum standard or standards are subject to dismissal from the respective training academy.

3.13.1 The COPT recommends a test battery for applicants as suggested by the Cooper Institute¹. The Battery is as follows:

3.13.1.1 Vertical Jump;

3.13.1.2 One Minute Sit Up;

3.13.1.3 300 Meter Run;

3.13.1.4 Maximum Push-Up or Bench Press; and

3.13.1.5 1.5 Mile Run.

3.13.2 The procedure and order for testing is recommended as follows:

3.13.2.1 Warm up for 3 minutes, perform vertical jump test and rest for 2 minutes;

3.13.2.2 Perform one-minute sit-up test and rest for 5-10 minutes;

3.13.2.3 Perform 300 Meter run and rest for 5-10 minutes;

3.13.2.4 Perform Maximum Push-up test and rest for 5 to 15 minutes; and

3.13.2.5 Perform Cardio-warm up for 2-3 minutes and then perform 1.5-mile run followed by cardio-cool down for 5 minutes.

3.13.3 As a minimum, applicants should be capable of satisfactorily completing 3 of the recommended tests. Satisfactorily is held to mean the achievement in the 20th percentile as cited in the Cooper Fitness Norms, Single Norms². The inability of a recruit to perform physical ability tests to the 20th percentile shall be reported to the Director of Training of the academy to which the recruit is enrolled. The Director of Training may require additional testing, specialized training, or may at his/her discretion, deny enrollment of said recruit in the respective training academy.

3.13.4 Physical Fitness/Wellness testing and training is to encourage and teach law enforcement officers to maintain a healthy fitness level throughout their career. Law enforcement officers who remain physically fit prove more readily able to cope with the day-to-day stress of job demands, and are better prepared to handle critical incidents. For this purpose, the COPT has established a minimum Physical Ability level for law enforcement recruit applicants, and officers currently employed in law enforcement out of state, and seeking law enforcement employment in Delaware. It will be the responsibility of each agency to test and determine fitness for duty levels of their respective recruit candidates.

3.13.5 While the COPT has established minimum standards, each department may establish higher standards based on the physical demands placed on officers within their respective jurisdiction. Agency heads, when establishing physical fitness standards for their agency are encouraged to familiarize themselves with Federal Legislation contained in Title VII of the Civil Rights act of 1964, and by the Civil Rights Act of 1991. This legislation requires that all employers of more than 15 employees must refrain from policies and procedures, which either expressly or effectively discriminates against specified categories of individuals except under limited circumstances.

3.14 No requirement of this section is to be interpreted as precluding any agency from establishing higher standards. In no case, however, may the department head or agency employ persons with qualifications below the minimums set forth in these regulations for the position of police officer. Higher standards are recommended whenever the availability of qualified applicants is available.

3.15 During declared states of emergency, the Administrator may, but is not required to, “waive” or “modify” certain minimum standards for initial certification as reasonably necessary to provide accommodations necessitated by the circumstance that caused the state of emergency to be declared. Any such waiver or modification shall be reported to the Council at the next regularly scheduled meeting. All candidates are required to fully comply with the minimum standards, if practicable, when the state of emergency is lifted.

4.1 The Administrator will be notified by the Chief of Police, in writing, within five business days of the resignation, retirement or separation of any police officer under his/her command.

4.2 Any law enforcement agency hiring a COPT Certified Officer must notify the Administrator within five business days of the employment offer.

4.3 Upon the permanent separation from any police officer position, any COPT certification or endorsement as a law enforcement instructor will expire.

5.1 Police Basic Training Course

5.1.1 In order for training to be accepted by COPT the training must be instructed by Certified Instructors.

5.1.1.1 Each applicant for the position of police officer in the State of Delaware must satisfactorily complete the Police Basic Training Course as prescribed in 11 Delaware Code §8405(a) (Amended 07/08/93) prior to being given or accepting an appointment as a police officer.

5.1.1.2 The Council has certified six agencies as approved police basic training academies. Those agencies are: The Delaware State Police; New Castle County Police; Wilmington Department of Police; Newark Police Department; Dover Police Department; and Delaware River and Bay Authority Police Department.

5.1.1.3 Each applicant must meet the PT standards of the academy to which they will be attending.

5.2 Waiver of Equivalent Training – RECIPROCITY

5.2.1 The Council may waive the requirement of attending an approved Delaware Police Training Academy for out-of-state police officers seeking Delaware certification if they have:

5.2.1.1 Completed training equivalent to that required for initial certification in Delaware; and

5.2.1.2 Met all training considered indigenous to Delaware, as determined by the Administrator.

5.2.2 The Chief of Police of the municipality seeking waiver of training obtained in Delaware must submit to the Administrator an application for Exemption from Mandatory Training.

5.2.3 The application must be completed in its entirety and submitted to the Administrator prior to appointment by the requesting agency. The officer must provide all records reasonably requested by the Administrator, including all certificates of training and curriculum from the officer’s police academy, as well as any other relevant training records that would support obtaining COPT Certification. The records must include a copy of the curriculum from those training entities and records demonstrating proof that training was completed and a description of courses taught; hours assigned to each course; and, a brief synopsis of the material taught in each course. The officer has the burden to demonstrate, to the satisfaction of the Administrator, that the officer may receive reciprocal certification.

5.2.4 The Administrator will examine the equivalent training records and make a comparison with the Delaware Mandatory Requirements. Any areas not meeting Delaware Standards will be required, prior to submission of the waiver application to Council for consideration.

5.2.5 An applicant seeking a waiver of equivalent training under this section must attend an approved academy in its entirety as a result of the following:

5.2.5.1 If an applicant has not worked full-time in law enforcement during the five years immediately prior to the date of application;

5.2.5.2 If an applicant’s application submission was determined to be deficient in the areas of training as determined by the Administrator; and

5.2.5.3 If an applicant, upon review of their training, needs to take more than 40% of the minimum number of hours of training in the state of Delaware.

5.3 Annual required training to maintain certification

5.3.1 Each police officer, certified by the Council, will be required to complete 16 hours of in-service career related training annually.

5.3.2 In addition to the above 16 hours, the officer must also recertify in C.P.R., AED, and First Responders.

6.1 The Council of Police Training may provide a modification from the application, application of any provision of the Rules and Regulations promulgated hereunder for any police officer of a municipality if:

6.1.1 The police officer is employed on a full-time basis, and

6.1.2 The municipality makes application for such modification and establishes that it will suffer a hardship if the modification is not granted, and

6.1.3 Application is made in writing to the Administrator of the Council on Police Training.

6.2 The Administrator will present the hardship application to the Council at the next regularly scheduled quarterly meeting. The Council will consider the request, debate its merits, and approve or deny the application by a majority vote of its members.

8.1 Inactive Status

8.1.1 Whenever a police officer required to be certified by the Council on Police Training retires, resigns, or otherwise voluntarily or involuntarily leaves his or her employing law enforcement agency, the chief of the employing agency shall advise the Administrator of the separation in writing within five business days of the separation and identify the circumstances of the separation. This written notification is to be made utilizing the COPT approved form.

8.1.2 Upon receiving notice of a police officer’s separation from law enforcement employment, the Administrator shall place that individual on inactive status. Once placed on inactive status, he or she is not authorized to exercise the powers of a police officer until such time as he or she meets the requirements for re-activation.

8.1.3 The Administrator may re-activate the individual’s certification upon written application from the individual that he or she has accepted another full-time police position with a law enforcement agency whose training is regulated by the COPT and provided that the individual is not the subject of a decertification proceeding pursuant to 11 Del.C. §8404(4) and the individual meets all other criteria for re-activation which the Council has adopted in subsection 8.2 of this regulation.

8.2 Re-activation Requirements

8.2.1 If not employed on a permanent basis for a period of less than 12 months, an individual must complete all in-service requirements mandated by the Council pursuant to 11 Del.C. §8404(a)(5) prior to recommencing employment.

8.2.2 If not employed on a permanent basis for a period of greater than 12 months but less than 36 months, an individual must undergo the following:

8.2.2.1 Medical background including:

8.2.2.1.1 Medical history / physical examination form;

8.2.2.1.2 Physicians affidavit;

8.2.2.1.3 Weight chart;

8.2.2.1.4 Substance abuse screen;

8.2.2.1.5 Eye exam; and

8.2.2.1.6 Hearing test.

8.2.2.2 The results of a validated psychiatric / psychological test and interview, indicating competency to perform law enforcement duties.

8.2.2.3 Current criminal history record check, including fingerprints obtained from the State Bureau of Investigations.

8.2.2.4 Background investigation. Standardized form (IV-14) which consists of a minimum checklist.

8.2.2.5 All training requirements prescribed by the Council, including, but not limited to First Responder and Firearms recertification.

8.2.2.6 Firearms training.

8.2.3 If not employed on a permanent basis for a period of greater than 36 months but less than 60 months, an individual must undergo the following:

8.2.3.1 Medical background including:

8.2.3.1.1 Medical history / physical examination form;

8.2.3.1.2 Physicians affidavit;

8.2.3.1.3 Weight chart;

8.2.3.1.4 Substance abuse screen;

8.2.3.1.5 Eye exam; and

8.2.3.1.6 Hearing test.

8.2.3.2 The results of a validated psychiatric / psychological test and interview, indicating competency to perform law enforcement duties.

8.2.3.3 Current criminal history record check, including fingerprints obtained from the State Bureau of Investigation.

8.2.3.4 Background investigation. Standardized form (IV-14) which consists of a minimum checklist.

8.2.3.5 First Responder recertification.

8.2.3.6 Complete a Firearms basic certification course.

8.2.3.7 Complete an academy basic criminal procedures, criminal law and traffic law course.

8.2.3.8 Complete any other academic requirement imposed by the Administrator.

8.2.4 If not employed on a permanent basis for a period of greater than 60 months, an individual must satisfy all requirements imposed by the Administrator following a review of the individual’s training history and after approval by the Council.

9.1 Minimum Training Requirements

9.1.1 Due to their status, officers in this classification will receive a course of instruction that once completed will meet minimum standards established by the Council on Police Training.

9.1.2 Due to the unique position of the Seasonal Police Officer, it will be stipulated that in lieu of training prior to active duty, he/she will instead be granted permission by the Council on Police Training to comply with Section 8404(a)(16) within 15 days of his/her initial employment date. The course needs prior approval by the Administrator.

9.1.3 The minimum hours required for each enumerated category below will not preclude any department from expanding on or providing more than the minimum training for seasonal officers.

9.1.4 Seasonal police officers will be required to follow the same schedule as non-seasonal officers for all categories of training enumerated below that require recertification or refresher training in subsequent years.

9.2 Basic Curriculum – Seasonal 64 Hours

9.2.1 Communications - 1 Hour. Acquaints the officer with the features and use of communications equipment used in police operations, including telephone, teletype, and radio. Instruction also includes rules and regulations of the Federal Communications Commission with regard to radio transmissions.

9.2.2 Courtroom Procedure and Demeanor - 2 Hours. The fundamentals of how to be most effective as a witness in court. Includes preparation of the case prior to courtroom presentation. Also included are appearance, manner, and attitude in court and while waiting to testify.

9.2.3 Criminal Code - (Minor Offenses) 4 Hours. This course should familiarize the officer with at least Title 11 and Title 16 and provide them the ability to reference those titles for violations.

9.2.4 Cultural Diversity - 4 Hours. This course is intended to bring about increased understanding and respect on the part of the police officer in their interactions and communications with all minority groups.

9.2.5 DELJIS (Delaware Criminal Justice Information System) - 8 Hours. Each recruit will be instructed on the DELJIS System. Recruits will be able to navigate DELJIS and develop electronic warrants.

9.2.6 Emergency Care - (Basic “ABC” CPR/AED) - 6 Hours. This training develops first aid techniques that enable an officer to meet the basic demands in most cases.

9.2.7 Laws of Arrest and Search Procedures - 6 Hours. The course covers the legal foundation of laws governing and limiting the police officer’s authority in the areas of arrests. This treatment shall be afforded with respect to the laws of arrest with or without warrants, arrest for misdemeanors and arrest for felonies, the elements of probable cause, and the disposition of persons after lawfully arrested.

9.2.8 Patrol Procedures (Basic Tactics) - 3 Hours. This course is designed to acquaint new officers with the basic street survival techniques as accrued from actual encounters on the street. Practical application of avoidance, deterrence and de-escalation techniques through the handling of actual scenarios will familiarize officers with what to do when confronted by an unarmed/armed combatant.

9.2.9 Police Discipline and Courtesy - 1 Hour. The course covers the basic why, when, and where of discipline and courtesy of police officers.

9.2.10 Report Writing - 2 Hours. This class instructs the officers in the essential mechanics of recording their investigations in report form suitable to serve both as an aid to further investigation and to the preparation and development of prosecution.

9.2.11 Traffic Code - 2 Hours. This course should familiarize the officer with Title 21 and provide them the ability to reference this title for violations.

9.2.12 Traffic Control - 1 Hour. This class is designed to teach the officer the fundamentals and mechanics of traffic control and control devices; and to familiarize the officer with the proper signals and gestures used in point traffic control.

9.2.13 Handcuffs/Searching – 8 Hours. The purpose of this course is to educate the officer on the proper/legal employment of handcuffs and will include discussion regarding the appropriate search techniques to be employed on handcuffed individuals. This course will also include a written proficiency examination and practical performance as part of the certification process.

9.2.14 Police Communication & Crisis Intervention – 8 Hours. The purpose of this course it to provide the officer with the knowledge, skills and ability to interact with people on a daily basis. Types of instruction include, but are not limited to verbal judo, active listening skills, suicide prevention and de-escalation techniques. Role-play scenarios are a valuable part of this training.

9.2.15 Defensive Tactics – 8 Hours. Through the use of lecture, demonstration and individual participation this training will provide each officer with sufficient skills to defend himself/herself from attack. For seasonal officers, this course of instruction will focus on hand-to-hand defense techniques to include grappling and suspect control.

9.3 Advanced Curriculum-Seasonal

9.3.1 Seasonal police officers who carry firearms shall be trained as required under Section 11.0.

9.3.2 Seasonal police officers who operate police vehicles on patrol shall be trained in EVOC as described in subsection 15.13 of this regulation. Seasonal police officers who operate police vehicles in non-patrol functions shall complete a four (4) hour Basic Vehicle Operation course.

9.3.3 Seasonal police officers who carry non-flammable O.C. (oleoresin capsicum) sprays or blends shall complete a six (6) hour course. The purpose of this course is to educate the officer on the proper/legal employment of O.C. spray. This course will also include a written proficiency examination and exposure as part of the certification process required to carry this use of force option.

9.3.4 Seasonal officers who carry Impact Weapons shall complete an eight (8) hour course. The purpose of this course is to educate the officer on the proper/legal employment of impact weapons This course will also include a written proficiency examination and practical performance as part of the certification process required to carry this use of force option.

10.1 Proposed instructors shall forward a resume including information relative to their education, experience in law enforcement, experience and suitability in instruction, ability at oral and written communication, and physical and personal appearance to the Administrator.

10.1.1 The instructors shall be of two types:

10.1.1.1 Those used in general police instruction and who have been in law enforcement for a minimum of five years.

10.1.1.2 Those who, by their special knowledge and preparation, are suited to instruct certain courses requiring such special knowledge and education shall have the five-year minimum experience waived.

10.1.2 All instructors must meet one of the following criteria.

10.1.2.1 Certification from a police instructor school as approved by the Delaware Council on Police Training and instructed by a Council-certified master instructor.

10.1.2.2 Those, who by their special knowledge and preparation, are suited to instruct certain courses requiring such special knowledge and education may be given a certification limited in subject matter.

10.1.2.3 Instructors must conduct a minimum of four (4) hours of instruction or presentation in a five year period to remain active instructors. Instructors who are not active instructors are required to instruct under the supervision of another active certified instructor for a total of four (4) hours to become active.

10.1.3 Evaluations

10.1.3.1 Certified instructors shall be monitored by the Director (or his/her designee) of the respective academy in which they are instructing.

10.1.3.2 Evaluation reports shall be forwarded to the Director (or his/her designee) of the training academy from which the instructor originates.

10.1.4 Complaint Process

10.1.4.1 Students having complaints relative to training shall direct such complaints to the Director of the academy they are attending.

10.1.4.1.1 If remedial action is not forthcoming, the student;

10.1.4.1.1.1 In the case of students attending their own academy, shall follow the authorized chain of command of that agency.

10.1.4.1.1.2 In the case of students attending an academy other than their own, shall notify their training officer or chief of police.

10.1.4.1.1.3 The training officer or chief of police making complaints relative to an instructor or the training shall make a written request to the Administrator for an evaluation. The Administrator, or his/her designee, shall provide such evaluation for every request. The designee shall be a director of an approved academy or his/her delegate.

10.1.5 Decertification

10.1.5.1 Instructors who become certified, but through the evaluation process are found to be unacceptable for training purposes may be decertified by the Council upon recommendation by the Training Director of the agency’s Academy, and the Administrator.

10.1.5.2 Falsification of information which led to certification shall be just cause for instructor decertification.

10.1.6 Appellate Process:

10.1.6.1 There are no appeals of the decisions of the Council on Police Training concerning instructor decertification unless a claim of lack of due process can be substantiated.

11.1 Duration and curriculum: The academy level curriculum will include classroom lectures on use of force, safety, nomenclature, care of weapons, police combat tactics and marksmanship. Range instruction emphasizes the practical application of police weapons related to actual combat conditions. The range officer of the involved training facility will attest to the qualifications of the respective officer. Officers must qualify with their departmental issued weapon or weapons. On each qualification date the officer must attain an average of 80% of the possible score while demonstrating safe weapons handling techniques.

11.2 Depending on the number of persons being trained, and considering the amount of experience, or lack of experience the training population has with firearms, the academy level training period will vary in time, but will consist of a minimum of 40 hours.

11.3 Non-Qualification: Should an officer initially fail to qualify, that person would be permitted up to five (5) attempts and a maximum of 40 hours additional training to attain certification. Scheduling for the additional attempt will be conducted at the convenience of the firearms officer. Under no circumstances, will an officer be permitted to carry a firearm on duty, be certified as a police officer, or graduate from an academy, unless certified as per the requirements of Section 8404 of the Council on Police Training.

11.4 As authorized by 8404(a)(5): In order to retain certification, all police officers in the State of Delaware, including firearms instructors, must receive recertification in firearms proficiency annually. The recertification must be conducted by a Council on Police Training certified firearms instructor. Firearms instructors are not permitted to recertify themselves.

11.5 A minimum of three (3) re-qualification shoots per calendar year, scheduled on at least two separate days, with at least 60 days between scheduled shoots are required. Of these three, there will be one (1) mandatory “low light” shoot. The "low light" shoot may be conducted on the same day as one daylight shoot.

11.6 Each training session shall consist of one minimum standards re-qualification course for each duty weapon, consistent with Section 12.0 of this regulation. An additional 50 rounds shall be fired for proficiency training from the handgun and the patrol rifle. This is a total of 100 rounds per shoot with the handgun and 100 rounds per shoot with the patrol rifle, totaling 300 rounds per calendar year as a minimum for each weapon. Departments using shotguns will fire a minimum of 30 rounds of ammunition for proficiency training per year.

11.7 The Chief of Police shall forward to the Administrator, documentation of annual firearms recertification for each officer under his/her command by March 31st of each calendar year with the completion of the Annual COPT Survey.

11.8 All training ammunition shall be comparable to issued service ammunition in performance characteristics. Service ammunition shall be collected annually and replaced with new. The collected ammunition may be used for training. All shooting is to be completed with authorized/issued weapons and equipment.

12.1 Handgun

12.1.1 A minimum of three qualification shoots per calendar year, scheduled on at least two separate days, with 60 days between qualification dates are required.

12.1.2 Of the three shoots, there will be one mandatory “low light” qualification. The low light shoot may be conducted on the same day as one day shoot.

12.1.3 All training ammunition shall be comparable to issued service ammunition in performance characteristics.

12.1.4 Issued service ammunition will be collected annually and replaced with new service ammunition. The collected ammunition may be used for training and qualification.

12.1.5 A minimum of 150 rounds of ammunition will be fired annually for proficiency training for both the handgun and patrol rifle. This ammunition will NOT include the ammunition required for qualification courses.

12.1.6 An average score of 80% (90% for Firearms Instructors and Master Firearms Instructors) must be obtained to be qualified with the approved handgun. The method of scoring and target selection will be determined by the instructor.

12.1.7 All qualifications are to be completed with authorized weapons and equipment. (Holsters, magazines, magazine pouches, etc.)

12.1.8 Should an officer initially fail to qualify, that officer would be permitted up to five (5) attempts and a maximum of 40 hours additional training to attain certification. Scheduling for the additional attempts will be conducted at the convenience of the firearms instructor. Under no circumstances, will an officer be permitted to carry a firearm on duty unless certified as per the requirements of Section 8404 of the Council on Police Training.

Daytime

Low Light

12.1.9 The instructor will determine at what distance, in what manner, and how many rounds will be fired on each command.

12.1.10 All courses of fire will consist of a Minimum of 50 rounds.

12.1.11 Time standards are COPT mandated Maximum standards that can be reduced at the discretion of an individual agency.

12.1.12 During both courses of fire, a minimum of 2 combat reloads must be conducted.

12.1.13 Tactical reloads are encouraged as appropriate and allowed by agency policy and training.

12.2 Handgun Concealed Carry Standards and H.R. 218

12.2.1 This regulation sets forth the minimum qualification standards for concealed weapon handguns for active duty police officers and for retired law enforcement officers who qualify under the Law Enforcement Officers Safety Act of 2004 (H.R. 218).

12.2.2 These are minimum standards and shall not prevent any police department from establishing stricter or additional rules or regulations to qualify to conceal carry a firearm on or off duty.

12.2.3 The instructor will determine at what distance, in what manner, and how many rounds are fired on each command.

12.2.4 Retired law enforcement officers must qualify a minimum of once annually and obtain a minimum score of 80%.

12.2.5 If the weapon system or holster is different from active duty use, the officer must qualify a minimum of once annually and obtain a minimum of 80%.

12.2.6 Under no circumstances, will an officer be permitted to carry a firearm on duty unless the officer has met the qualification standards with that weapon.

12.3 Shotgun Minimum Standards

12.3.1 Departments using shotguns will be required to qualify three times a year, two-day two day courses and one “low light” course. A minimum of 60 days is required between the two-day two day courses. The “low light” course may be conducted on the same day as one-day one day qualification course.

12.3.2 Service ammunition will be collected annually and replaced with new ammunition. The collected ammunition may be used for training and qualification.

12.3.3 All training ammunition shall be comparable to issued ammunition in performance characteristics.

12.3.4 Departments using shotguns will fire a minimum of 30 rounds of ammunition for proficiency training per year. This ammunition will not include the ammunition required for qualification courses.

12.3.5 An average score of 80% must be obtained to be qualified with the approved shotgun. The method of scoring and type of target will be determined by the instructor.

12.3.6 All qualifications are to be completed with authorized weapons and ammunition.

12.3.7 Departments are required to complete a qualification course with each type of ammunition that is issued.

12.3.8 The instructor will determine at what distance, in what manner, and how many rounds are fired on each command depending on the weapon and the capability of the ammunition.

12.4 Patrol Rifle Minimum Standards

12.4.1 Departments using patrol rifles will be required to qualify three times a year, two-day two day courses and one "low light" course. A minimum of 60 days is required between the two-day two day courses. The "low light" course may be conducted on the same day as one-day one day qualification course.

12.4.2 Service ammunition will be collected annually and replaced with new service ammunition. The collected ammunition may be used for training and qualification.

12.4.3 All training ammunition shall be comparable to issued ammunition in performance characteristics.

12.4.4 Departments using patrol rifles will fire a minimum of 50 rounds of ammunition for proficiency training from the patrol rifle during each shoot. This is a total of 150 rounds per calendar year. This ammunition will not include the ammunition required for qualification courses. An average score of 80% must be obtained to be qualified. The method of scoring and the type of target will be determined by the instructor.

12.4.5 All qualifications are to be completed with authorized weapons and ammunition.

12.4.6 The following course of fire will be used for all caliber patrol rifles for both day and "low light" qualification.

COURSE OF FIRE

Will consist of 50 rounds and will include at least one rifle magazine change.

Will include at least one transition to the handgun, and 10 of the 50 rounds may be fired from the handgun after transition.

A minimum of 20 rounds will be fired from a distance of 25 yards or greater. Shooters must demonstrate proficiency from at least 50 yards. This may be accomplished by using reduced size targets to simulate 50 yards.

Shooters must use at least three different shooting positions; at least one must be from a position of cover.

13.1 All police officers in the State of Delaware shall have successfully completed a First Responder course adhering to the United States Department of Transportation curriculum for First Responder Courses as offered by the Delaware State Fire School or as taught in a certified police training academy by a credentialed emergency medical services instructor.

13.2 In order to retain certification, all police officers in the State of Delaware must receive recertification in C.P.R. and AED as recommended by the American Medical Association. This training will be conducted by a certified Council on Police Training instructor, Delaware State Fire School Instructor, American Heart Association CPR and AED Instructor, American Red Cross CPR and AED Instructor, or Health Care Professional certified in Advanced Cardiac Life Support.

13.3 The Chief of Police shall forward to the Administrator, documentation of recertification for each officer under his/her command through the completion of the Annual COPT Survey.

13.4 First Responder recertification shall be at the discretion of each department.

15.1 This is the mandatory curriculum for police basic training and reflects 584 hours of training as approved by the Council on Police Training. The Basic Mandatory Curriculum is required of all police officer appointments, except seasonal appointments.

15.2 Accident Investigation - 24 Hours. This course develops the officer’s skills in methods and techniques to be applied to this type of investigation, including measurements, photography, sketches, reporting, and interviewing of witnesses and drivers, hit-and-run accidents and manslaughter by motor vehicle cases.

15.3 Advanced Law Enforcement Rapid Response Training (ALERRT) - 16 Hours. This course will cover shooting and moving, threshold evaluation, concepts and principles of team movement, setting up for and room entry techniques, approach and breaching the crisis site, secondary responder tactics, improvised explosive devices, and post engagement priorities of work. The course will culminate with dynamic force on force scenarios.

15.4 Civil Disobedience/Labor Disputes - 4 Hours. This course involves lecture on and discussion of Delaware Labor Laws and the law enforcement role of protection of life and property with explanation of injunctive relief procedures. Actual situations involving labor strikes and picketing of companies, abortion clinics, animal rights groups, etc., will be discussed.

15.5 Constitution and Bill of Rights - 2 Hours. This class provides an introduction to the history and development of the Federal and State Constitutions, particularly the Federal Bill of Rights, as interpreted by the courts down through the years, with emphasis on decisions of the United States Supreme Courts.

15.6 Courtroom Procedure and Demeanor - 8 Hours. This class covers the fundamentals of how to be most effective as a witness in court. Includes preparation of the case prior to courtroom presentation. Also, appearance, manner, and attitude in court and while waiting to testify will also be discussed.

15.7 Criminal Investigation - 44 Hours. This course presents a study of the basic fundamentals and procedures of investigation involving the more serious crimes and includes establishment of the elements of burglary, robbery, auto theft, theft felony, homicide, and other major offenses such as gambling and organized crime. Students will also be trained in the detection, prosecution and prevention of child sexual and physical abuse, exploitation and domestic violence.

15.8 Cultural Diversity and Community Relations - 12 Hours. This course is intended to bring about increased understanding and respect on the part of the police officer in their interactions and communications with all minority groups.

15.9 Delaware Criminal Code - 20 Hours. The course should make the officer sufficiently familiar with the Code in order to know all aspects of the most important and common violations and to know how to make ready reference to the Code for all other violations. This segment will also acquaint the officer with the more commonly encountered civil law violations.

15.10 Delaware Motor Vehicle Code - 20 Hours. The purpose of this course is to acquaint the officer with the provisions of the Motor Vehicle Code Annotated. With this background, he/she may readily recognize a violation thereof and be able to (1) define the elements of such violation and (2) know the nature of the evidence necessary to prove such violation in court.

15.11 Domestic Violence - 8 Hours. This class will acquaint the officer with the potential dangers that exist when answering calls of domestic disputes. Generally, such training is designed to prepare police officers to react effectively, efficiently, and sensitively to the crisis situations which they encounter.

15.12 Drug Enforcement and Controlled Substances - 8 Hours. This course acquaints the officer with the types of narcotics commonly used. It includes the terms of jargon, the general effects of various drugs and barbiturates, plus their relationship to crime. Field-testing of various substances will also be included.

15.13 Emergency Vehicle Operations Course (EVOC) - 24 Hours.

15.13.1 This course is divided into approximately 2 hours of classroom instruction and 22 hours of driving on a skid pad. The classroom instruction stresses the importance of vehicle safety in teaching defensive and pursuit tactics. The student is taught to realize that the driving environment, which includes the vehicle, the road, and the driver all have limits. Some of the topics covered are the effects of weight transfer, effects of centrifugal force and friction, and skids and cornering.

15.13.2 The skid pad portion reinforces the student's understanding of the driving environment and other classroom material. The student is exposed to steering control, judging distances, the vehicle’s evasive capability, maximum braking ability without losing steering ability, and the effects of skidding and controlling skids.

15.14 Firearms - 40 hours. Instruction includes classroom lectures on safety, nomenclature, care of weapons, and the viewing of training films. Range instruction emphasizes the practical application of police weapons related to actual combat conditions.

15.15 First Responders - 40 Hours. Because accidents and other emergencies bring police officers to the scene first, this training is to develop first aid techniques that enable them to efficiently fulfill their responsibilities. The course also offers sufficient instruction to enable the police officer to make an emergency child delivery.

15.16 Fitness and Wellness - 6 Hours. The purpose of Physical Fitness/Wellness testing and training is to encourage and teach law enforcement officers to maintain a healthy fitness level throughout their career. Law enforcement officers who remain physically fit prove more readily able to cope with the day-to-day stress of job demands, and are better prepared to handle critical incidents. For this purpose, within each academy a segment of instruction will be devoted to nutritional education, exercise physiology, lifestyle adjustment, and stress and stress relief methods. Other areas specific to fitness and wellness can and will be added as needed.

15.17 Interactions with Persons With Disabilities - 8 Hours. The purpose of this course is to identify behavioral factors which the officer may encounter, to discuss the influence of group behavior or individual behavior, and to emphasize the importance of understanding unusual behaviors in order to handle that behavior most effectively. It also includes a review of the 24-hour commitment procedures.

15.18 Homeland Security - 16 Hours.

15.18.1 National Incident Management System - 4 Hours. National Incident Management System (NIMS) integrates effective practices in emergency preparedness and response into a comprehensive national framework for incident management. The NIMS will enable responders at all levels to work together more effectively and efficiently to manage domestic incidents no matter what the cause, size or complexity, including catastrophic acts of terrorism and disasters.

15.18.2 Incident Command System - 8 Hours. ICS is a standardized on-scene incident management concept designed specifically to allow responders to adopt an integrated organizational structure equal to the complexity and demands of any single incident or multiple incidents without being hindered by jurisdictional boundaries.

15.18.3 Weapons of Mass Destruction / All Hazards (Awareness) - 4 Hours. WMD/All Hazards awareness provides emergency responders with awareness-level instruction on recognition, avoidance, isolation and notification techniques in weapons of mass destruction and all hazards environment. The course covers prevention and deterrence, chemical, biological, radiological, nuclear, and explosive (CBRNE) hazards and other disasters.

15.19 Information Systems - 44 Hours.

15.19.1 Communications. This course acquaints the officer with the features and use of all communications equipment used in police operations, including telephone, computers, radio, and NCIC. Instruction also includes rules and regulations of the Federal Communications Commission with regard to radio transmissions.

15.19.2 Report Writing. This class instructs the officers in the essential mechanics of recording their investigations in report form suitable to serve both as an aid to further investigation and to the preparation and development of prosecution.

15.19.3 LEISS: (Law Enforcement Investigative Support System). Automated Crime Reports training takes the officer through some of the more complex police reports and steps the user through the many features of this program. Various crime reports will be completed during this training along with all new system features covered. This allows the police crime report to be sent electronically to the State Bureau of Identification. This program also has links to the automated warrant system if a warrant is required; no dual keying of data is needed.

15.19.4 LEISS – Warrants. This is a law enforcement application designed to provide court acceptable documents Exhibit A (charge sheet), and Exhibit B (probable cause statement). This warrant is electronically sent to the court and can be modified and changed at any time before the approval by a judge. From this original warrant document, information is loaded directly into the CJIS (Criminal Justice Information Services) Wanted person files whenever a warrant is created without arrest information. Also included in the application is the Attorney General Intake for felony cases and an automated arrest report to be attached to the fingerprint cards. This is the instrument used statewide for arrests by all criminal justice agencies.

15.19.5 DELJIS. This course covers all the features of the CJIS system along with all new applications being developed. Users are given a security briefing along with an example of all the basic inquiries used for criminal justice. This course covers motor vehicles inquiries along with criminal history inquiries, Protection from Abuse orders, no contact orders along with case inquiry and much more.

15.19.6 NCIC. This block of instruction shall directly relate to the use of the National Crime Institute Center computer software and includes FBI mandates, lecture, testing and certification.

15.20 Interview and Interrogation - 8 Hours. The purpose of this course is to teach the officer the approved techniques of interrogation so that they may fully develop information or evidence by conversation with witnesses and subjects. Instruction will include an emphasis on legal limitations.

15.21 Introduction to Law Enforcement - 2 Hours. This course introduces law enforcement officers to the historical background and development of the police service with emphasis on its relationship to modern society. Also included is an analysis of the organizational structure.

15.22 Juvenile Procedures - 8 Hours. This course is designed to acquaint the new officer with the family, social and economic conditions, and factors, which foster and encourage juvenile delinquency. It stresses the role law enforcement can play in the overall effort to combat such conditions with emphasis on the planned programs existent within the State of Delaware.

15.23 Latent Fingerprints/Crime Scene Processing - 12 Hours. During this course the officer will learn the methods and importance of identification including the methods of dusting, photographing and lifting latent fingerprints and palm prints from all manner of surfaces and areas, and obtaining both inked and rolled fingerprints; not only of live and willing subjects, but also from unconscious, deceased, and decomposed bodies.

15.24 Laws of Arrest, Laws of Evidence, and Search and Seizure - 40 Hours.

15.24.1 This training covers the legal foundation of laws governing and limiting the police officer’s authority in the areas of arrest. This treatment shall be afforded with respect to: (1) the laws of arrest with or without warrants, arrest for misdemeanors and arrest for felonies, the elements of probable cause, and the disposition of persons after lawfully arrested; (2) the law applicable to criminal interrogation and resultant confessions under the 5th, 6th, and 14th Amendments of the Federal Constitution and; (3) the application of constitutional safeguards to electronic surveillance, chemical, and serological evidence.

15.24.2 The purpose of this course is to acquaint the recruit with the rules and law of evidence exercised in a court of law so that he/she may recognize what is legally admissible. He/she must be able to differentiate between the various types of evidence and be familiar with the rules concerning maintaining the chain of evidence. This course covers the laws of search and seizure under the provisions of the 4th and 14th Amendments including the exclusionary rule and the elements of a “reasonable” search and seizure of persons (a) incidental to arrest; (b) under a search warrant; (c) with consent.

15.25 Manual Traffic Control - 2 Hours. This class is designed to teach the officer the fundamentals and mechanics of traffic control and control devices; and to familiarize the officer with the proper signals and gestures used in point traffic control.

15.26 NHTSA (National Highway Traffic Safety Administration) and Driving Under the Influence - 24 Hours. This course presents the elements of the offense of driving under the influence as defined by Delaware law. It provides knowledge on securing the necessary evidence, including scientific tests and reporting in order to successfully prosecute.

15.27 Other Police Agencies Jurisdiction - 2 Hours. This training is designed to acquaint officers with the jurisdiction, function, and availabilities of other enforcement agencies including federal departments such as the Secret Service and Federal Bureau of Investigation.

15.28 Police Communication & Crisis Intervention - 20 Hours. The purpose of this course is to provide police officers with the knowledge, skills and ability to interact with people on a daily basis. Within this course the communications process will be described along with the barriers to communication. Students will be taught how to communicate with persons in crisis. Types of instruction include, but are not limited to verbal judo, active listening skills, suicide intervention and de-escalation techniques. Role-play scenarios are a valuable part of this training.

15.29 Patrol Procedures/ Officer Survival - 60 Hours. This course is designed to acquaint the new officer with the basic street survival techniques as accrued from actual encounters on the street. Practical application of avoidance, deterrence, and de-escalation techniques through the handling of actual scenarios will familiarize officers with what to do when confronted with an unarmed/armed combatant.

15.30 Police Discipline and Ethics - 8 Hours. This course covers the basic why, when, and where of discipline and courtesy of police officers. Ethics from a law enforcement perspective will be explored and discussed.

15.31 Police Fire Survival - 14 Hours. In this class the Delaware State Fire School explains the hazards of electrical fires, the proper use of various types of fire extinguishers, knowledge of structural fires, how to handle flammable liquids and gas and rescue techniques for removing trapped persons from vehicles.

15.32 Sex Crimes - 4 Hours. This course is designed to teach the officer the elements, peculiar techniques of investigation, motives, and most productive sources of evidence, psychology of violators, modus operandi, etc. The detection, prevention and prosecution of sexual assault will be included in this training.

15.33 Use of Deadly Force - 6 Hours. This course will acquaint the officer with the laws governing the use of deadly force by police officers.

15.34 Defensive Tactics - 30 Hours. Through the use of lecture, demonstration and individual participation, this training will provide each new officer with sufficient skills to defend himself/herself from attack. Instruction on the use of the police issued impact weapon, basic handcuffing techniques and de-escalation techniques will be paramount to this course of instruction.

16.1 Upon submission of an “Authorization to Release Information” form and proper personal identification, the Council on Police Training will release training records and other personal information of the bearer of the properly executed release form.

16.2 The form should be sent to the Administrator at least 10 business days in advance of the needed date to allow for processing of requests.

16.3 The Council on Police Training approved training academy/schools and seasonal training academy/schools shall maintain in writing, the curriculum and names of instructors utilized for basic training for new police recruits.

16.4 The Administrator may then access the Council's computerized training records to determine the certification status of each instructor.

16.5 In any case, the Administrator will respond, in writing, to the approved academy/school, advising the status of the request within five business days.

The Director of Training for the Delaware State Police will serve as the Administrator for the Council. The Administrator is responsible for the day-to-day management of the COPT and is responsible for administering mandatory training for all police officers in the State of Delaware. The Administrator also is responsible for scheduling hearings, overseeing the COPT budget, policy issues, and providing the current “practices in policing” to the Council. In the absence of the Administrator, his/her designee will conduct these duties.

Reimbursable expenses include, but are not limited to, items such as salary physical fitness training clothing, class uniforms, ammunition for the range, or other items approved by COPT in accordance with 11 Del.C. §8409.

19.1 Police officers of the State or any county or municipality or University, which do not meet the requirements and the criteria as established by the Council shall not have the authority to enforce the laws of the State.

19.2 Per 11 Del.C. §8404(a), in all situations where the provisions of 11 Del.C. §8404(a)(4) or 11 Del.C. §8410(b) are to be applied to or invoked against any agency or individual, that agency or individual shall be entitled to a hearing in the manner prescribed herein:

19.2.1 The Administrator shall select 3 members of the Council to comprise a Board, which will hear evidence on the allegation (hereinafter "Board").

19.2.2 Upon conclusion of the hearing provided for in this Section, the Board shall submit its findings and recommendation to the full Council in writing for consideration and vote.

19.2.3 The ultimate findings of the Council shall be final, except that any ruling adverse to any party participating in the hearing may be appealed to the Superior Court within 15 business days of receipt of written notification of said finding. Absent an appeal, all findings of the Council shall become final upon expiration of said appeal deadline.

19.2.4 All hearings shall be conducted in accordance with the Administrative Procedures Act of the Delaware Code.

19.3 A police force of any county or municipality which does not meet the requirement and criteria established by the Council will be ineligible to apply for or receive state aid to local law enforcement funds (SALLE) and may, if in accordance with the guidelines, also be prohibited from receiving other grant funding through the state such as the Fund to Combat Violent Crime (FCVC) and the Emergency Illegal Drug Enforcement (EIDE) program funds.

19.4 The Chief or Head of any Law Enforcement Agency that is found to be in non-compliance with any of the established criteria of the COPT shall be required to appear before the COPT Board and provide explanation as to the reason for non-compliance and measures taken to become compliant.

19.5 Failure of any police officer to complete his/her annual COPT mandated in-service training shall be grounds for suspension of his/her certification until such training is completed. The Council may stay, extend, waive or modify such suspension when it is shown that the failure to comply with the requirements was not due to the intentional avoidance of the annual training requirements or upon a showing of hardship upon the employing law enforcement agency.

19.6 COPT is a State training and certifying body and is NOT owned by any specific agency, Town, City, or County. Therefore, COPT certification cannot be included in any separation agreements between certified law enforcement officers and their former or current employers, Courts, Department of Justice, Union Affiliates or other entities representing the law enforcement officers or said employers, or any other interested parties.

20.1 The Council reserves the right to amend these rules and regulations as authorized under 11 Del.C. §8404(a)(14).

20.2 When a change is made to the COPT mandatory training, the Administrator shall publish such changes to the COPT website and notify all affected agencies via DELJIS.

20.3 The Administrator may require a return receipt from all holders of this manual as proof of compliance.

Annually, upon request of the Chairman, the Administrator may present to the Council a summary of its activity from the previous calendar year.

22.1 All police officers who perform uniformed patrol duties or are assigned to investigative units responsible for sex crimes shall receive at least 2 hours of training every 4 years on the detection, prevention and prosecution of sexual assault. The training shall be conducted on a staggered basis so that half of the eligible members of any law-enforcement or police organization receive the training in each 2-year period.

22.2 All police officers shall complete 1 hour of training every 3 years in the detection, prosecution and prevention of child sexual and physical abuse, exploitation and domestic violence, and the obligations imposed by Delaware law, including §903 of Title 16.

23.1 All police officer applicants seeking Council on Police Training certification shall successfully pass a standardized competency examination developed and approved by the Council.

23.2 The Council has approved three examinations, each consisting of 100 multiple choice and true/false questions. The questions are divided into four sections of general law enforcement knowledge. There are no agency-specific questions or topics.

23.3 Police officer applicants must score at least a 70% on each section to be considered eligible for Council certification.

23.4 Failure to attain a 70% on any section will require the applicant to retake that section only. The applicant will be given ample opportunity to study or attend training classes prior to attempting a retake of any section or sections.

23.5 The Administrator or his/her designee will randomly select one examination from the three approved examinations to submit to the applicant. On any retake examination, the Administrator or his/her designee will submit one of the two other examinations to the applicant to prevent possible memorization of the questions. Should the applicant fail to pass any of the three sections within three attempts, notification must be made to the Administrator to determine the appropriate course of action.

23.6 All three examinations are “open book”, utilizing Delaware Motor Vehicle and Criminal Codes.

23.7 Successful completion of the competency examination must occur prior to certification by the Council.

23.8 Failure to pass the competency examination will render the applicant unable to become certified with police powers in the State of Delaware.

24.1 Requirements

24.1.1 All applicants for police officers, who come under the requirements of the Mandatory Training Act (Title 11, Section 8401-8410) as part of their pre-employment screening, will be required to submit to and successfully pass a pre-employment drug test.

24.2 Policy Procedures

24.2.1 A positive test at the pre-employment stage will mean the applicant has not met minimum qualifications (requirements) as established by the Council on Police Training, under 11 Del.C. §8404(a)(1), therefore the applicant would not be eligible for employment.

24.2.2 A positive test will be considered valid when confirmed by a second test procedure performed on the original sample.

24.2.3 If a particular drug has been prescribed by a physician and the test results in a positive reading then the following will be applied.

24.2.3.1 A formal letter will be obtained through the licensed physician that prescribed the drug, stating the reason(s) why that particular drug was prescribed. The physician must also state if the drug will affect someone from performing the duties of a police officer and if the particular person the medication is prescribed to is fit for duty.

25.1 Conducted Electrical Weapon (CEW) Training: Training shall be conducted by an instructor, certified by the CEW manufacturer, to provide instruction related to the use and deployment of the specific Conducted Electrical Weapon, utilized by the agency.

25.2 Duration and Curriculum: The frequency of Conducted Electrical Weapon (CEW) training and the curriculum used shall follow the CEW manufacturer's recommendations. Should the CEW manufacturer not specify an annual CEW training requirement, officers utilizing that manufacturer's CEW, shall at a minimum, receive training on an annual basis in the areas of: use of force, safety, nomenclature, potential hazards, medical concerns, care of subjects following CEW activation, care of the CEW, and scenario based application, to include the accurate deployment of at least two live cartridges within the preferred target area.

26.1 Definitions. The following definitions apply solely to Section 26.0 of this regulation:

“BWC” means body worn cameras.

“Chief” means the colonel, executive, director or head of the department or agency, or the Chief’s designee.

“DCRPT” means the Delaware Department of Justice’s Division of Civil Rights and Public Trust.

“Officers” shall be those officers described in 11 Del.C. §8402A.

“SROs” means School Resource Officers.

26.2 As required by 11 Del.C. §8404(c), Section 26.0 sets forth certain standards required for policies to be developed for the use of BWC as those cameras are required to be worn by the officers. Agencies employing officers using BWC are required to develop policies containing these standards and are encouraged to expand and to customize those policies so that they both accomplish the requirements of 11 Del.C. Ch. 84A and meet the needs of their specific agencies.

26.3 Requirement to Wear BWC. BWC shall be worn by officers while on duty in a role that is likely to result in interactions with the public. Officers who serve in administrative functions or who do not regularly interact with the public are not required to wear BWC.

26.3.1 Officers who are required to wear BWC will typically include:

26.3.1.1 Officers in uniform while acting in the performance of official duties;

26.3.1.2 Officers whose assigned duties include regular interaction with members of the public where such duties might lead to an arrest situation or use of force event;

26.3.1.3 Officers assigned to enforcement-related activities such as demonstrations or potential civil disturbances, tactical response teams, pre-planned arrest or search warrant teams, traffic units, proactive enforcement teams, canine officers, mounted units, probation or parole compliance, security or crowd-control functions at special events;

26.3.1.4 While in the field, officers assigned to field investigations for police agencies, Department of Corrections, and the Department of Services for Children, Youth, and Their Families; and

26.3.1.5 Officers assigned to “front desk” duty whose duties include interaction with members of the public.

26.3.2 Officers not required to wear BWC will typically include:

26.3.2.1 Officers in undercover assignments, administrative positions, hostage or crises negotiators, officers meeting with or recruiting confidential sources, non-uniformed officers assigned to non-enforcement duties;

26.3.2.2 Officers engaged in union representation of a member of the collective bargaining unit; and

26.3.2.3 In extraordinary circumstances (riot, large concert), where an agency has to deploy so many officers that the agency cannot reasonably provide each officer with a BWC.

26.3.2.3.1 Subsection 26.19 concerning special exceptions must be followed for planned events.

26.3.3 SROs. School Resource Officers performing in a law enforcement capacity and not an educational capacity shall follow Section 26.0 of this regulation.

26.4 Activation of BWCs. BWC shall be active to record contacts with citizens in the performance of official duties, including:

26.4.1 During calls for service;

26.4.2 Where an arrest or detention appears to be likely;

26.4.3 Where use of force appears to be likely;

26.4.4 Where it appears doing so may promote the safety of people and property; and

26.4.5 Where doing so may be helpful to preserve evidence.

26.5 Notwithstanding subsection 26.4, at no time are officers expected to jeopardize their safety or the safety of others in order to activate BWC.

26.5.1 BWC shall be activated as soon as the circumstances permit safe activation.

26.5.2 Officers shall document the exigency that prohibited the immediate activation of BWC. See also subsection 26.7.

26.6 BWC shall remain activated until the entire contact is completed in order to ensure the integrity of the recording unless the contact moves into an area restricted by these regulations.

26.7 If BWC are not activated for an entire contact, or a recording is interrupted, the officer shall document why a recording was not made, was interrupted, or was terminated.

26.8 Absent exigent circumstances, recordings shall not be permitted to be reviewed by members of the public at the scene of an incident or event.

26.9 Agencies shall ensure that officers assigned BWC receive approved training on BWC use and operation pursuant to these regulations as well as all applicable law and policies prior to using BWC.

26.10 Officers who are assigned or utilize BWCs shall inspect and test the BWC prior to each shift or special event to verify proper functioning and shall notify their supervisor of any problems. Officers shall document any unusual circumstances why a test did not occur such as the emergency activation of a special response unit.

26.11 Officers shall not, in any manner, edit, alter, or erase BWC recordings. Officers may duplicate, copy or distribute BWC recordings with the Chief’s prior written approval.

26.12 Officers shall note in incident, arrest, and related reports when recordings were made during the incident in question and if a BWC recording was reviewed by the officer prior to or during report writing. Additionally, an officer’s report should note any discrepancies in material information between the officer’s perception and the video. BWC recordings are not a replacement for written reports.

26.13 Recording Prohibitions. BWC shall be used only in conjunction with official law enforcement duties and to record interactions with the public and, absent exigent circumstances, shall not be used to record:

26.13.1 Private communications with other police personnel without the permission of the Chief;

26.13.2 Encounters with undercover officers or confidential informants;

26.13.3 Moments while on break or otherwise engaged in personal activities;

26.13.4 Any location where individuals have a reasonable expectation of privacy, such as a restroom or locker room;

26.13.5 A strip search;

26.13.6 Court proceedings by non-court personnel officers, except where an incident occurs during a court proceeding; and

26.13.7 Any other situation where applicable law or regulation provides for confidentiality including but not limited to:

26.13.7.1 HIPAA;

26.13.7.2 Conversations between medical treatment providers and patients;

26.13.7.3 Conversations with counsel or union representatives; and

26.13.7.4 Any other privileged conversations.

26.14 Storage of Digital Files

26.14.1 Agencies will not store digital files in an unsecured manner.

26.14.2 Considering the rapid evolution of technology, it is expected that agencies will utilize best practices related to cyber security.

26.14.3 Local storage will feature competent security barriers and full-sized backup capacity.

26.14.4 Remote storage vendors will have competent security protocols and proven ability in public sector service.

26.14.5 All access to BWC data (images, sounds, and metadata) must be specifically authorized by the Chief, and all access is to be audited on a reasonable schedule to ensure that only authorized users are accessing the data for legitimate and authorized purposes.

26.14.6 Files should be securely stored in accordance with any state or municipal records retention law or policy and no longer than useful for purposes of liability protection, training or for use in an investigation or prosecution.

26.15 Agencies will adopt quality control mechanisms to ensure compliance with these regulations.

26.16 Dissemination. In addition to the prohibitions in subsection 26.11, no officer shall access, view, copy, disseminate, or otherwise use a BWC recording except for an official purpose as specified in subsection 26.16 and applicable law. BWC recordings shall not be divulged or used by any law enforcement agency for any commercial or other non-law enforcement purpose. Access to and use of a stored BWC recording is permitted only:

26.16.1 When relevant to and in furtherance of an official investigation or prosecution;

26.16.2 To principals or their family members, or vested individuals, when deemed necessary and appropriate;

26.16.3 When relevant to and in furtherance of a management review process to identify circumstances indicating possible police misconduct or to determine the existence of a pattern or practice of possible misconduct;

26.16.4 When relevant to a supervisor’s review of an officer’s actions as part of the supervisory process authorized by the agency;

26.16.5 To comply with the State’s discovery obligations in prosecutions pursuant to court rules;

26.16.6 To comply with any other legal obligation to turn over the recording to a person or entity;

26.16.7 For training purposes, provided the recording is edited so that the identity of individuals depicted in the recording cannot be determined by persons viewing the training video unless the depicted individual has consented to the recording being used for training purposes;

26.16.8 To conduct an audit to ensure compliance with these regulations and a department’s policy, standard operating procedure, directive, or order promulgated pursuant to these regulations;

26.16.9 To enhance officer and public safety by providing intelligence information in preparation for a raid/warrant execution (e.g., by providing information about the layout of a premises to be searched);

26.16.10 To assist an office in writing their report; and

26.16.11 Any other official and specified purpose where the Chief determines that good and sufficient cause exists to authorize access to a particular BWC recording as specified in a written policy of the department.

26.16.11.1 This determination will take into consideration the public interest, the rights of any potential criminal suspect, and the applicability of any rights and protections provided anyone under state and federal law, including consideration of the Delaware Lawyer’s Rules of Professional Conduct.

26.16.11.2 Video shall not be released until DCRPT has completed any criminal investigation or subsequent prosecution, unless authorized by DCRPT.

26.17 Any authorized dissemination will include appropriate redactions for statutory and common law regulations, including but not limited to:

26.17.1 Victim’s Bill of Rights;

26.17.2 Right to Privacy; and

26.17.3 Considerations in subsection 26.13.7.

26.18 Nothing in these regulations shall create a private right of action in any third party. These regulations set mandatory standards for implementation and enforcement by agencies employing officers using BWC and it shall be the responsibility of such agencies to enforce their policies and issue any appropriate discipline for violations of those policies.

26.19 Exemptions from the requirements in subsection 26.3.2.3 are permitted only when approved by the Chief, and only under special circumstances that warrant an exception. The reasons for the exemption must be documented and demonstrate a special need. Such requests for exemption, when possible, shall be made in advance and approved in writing by the Chief.