DEPARTMENT OF SAFETY AND HOMELAND SECURITY
Division of State Police
5500 Bail Enforcement Agents
PROPOSED
PUBLIC NOTICE
5500 Bail Enforcement Agents
Notice is hereby given that the Board of Examiners of Bail Enforcement Agents, in accordance with 24 Del.C. Ch. 55 proposes to amend the following adopted rules: Rule 1.0 – Licensing, clarifies penalties for not returning credentials and the training requirements for re-licensure; Rule 4.0 – Firearms Policy, clarifies the qualifications to obtain and maintain a firearm while working; Rule 6.0 – Training Requirements for Issuance of a License, mandates the initial classroom training and procedures and removes the field training and the internship requirement. If you wish to view the complete Rules, contact Ms. Peggy Anderson at (302) 672-5304. Any persons wishing to present views may submit them in writing, by June 30, 2015, to Delaware State Police, Professional Licensing Section, P. O. Box 430, Dover, DE 19903. The Board will hold its quarterly meeting Friday, August 28, 2015, 10:00am, at the Tatnall Building, 150 Martin Luther King, Jr. Boulevard South, Room 112, Dover, DE.
5500 Bail Enforcement Agents
1.1 A bail enforcement agent (BEA) ID 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 bail enforcement agent BEA applying for an ID 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
1.2.2 If carrying a weapon, must meet and maintain the qualifications set forth in Sections 4.0 and 5.0.
1.3 The individual bail enforcement agent 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 ID identification cards, licenses and badges are the property of the Delaware State Police.
1.4.1 Any BEA that has been issued an identification card, license and badge and does not return the items to the Professional Licensing Section within 30 days of expiration, termination, suspension or revocation may be subject to penalties under 24 Del.C. Ch. 55.
1.5 There shall be no reciprocity with any other state regarding the issuing of an ID identification card, license and badge to a bail enforcement agent BEA.
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:
1.6.1 A fee of $50 shall be for the re-application of the ID card, license and badge, which shall be valid for another four (4) years.; and
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.
1.7 Any person wishing to be licensed as a bail enforcement agent must show proof of current and valid sponsorship from a licensed bail enforcement agent that has been licensed, through 24 Del.C. Ch. 55, for at least five (5) consecutive years. Any individual seeking re-licensure within three (3) years after their expiration shall be required to take the current continuing education class before they can be re-instated. Any individual seeking re-licensure after three (3) years of their expiration shall be required to take the initial classroom training again.
2.1 No individual licensed under Title 24 Chapter 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 of Examiners. 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 bail enforcement agents shall display their badge at all times during the lawful performance of their duties pursuant to 24 Del.C. Ch. 55 and the regulations set forth herein.
2.2 All advertisements, including vehicle markings, or other forms of publication, subsequent to their use, are subject to review by the Board of Examiners for potential misrepresentation. If the Board of Examiners does not approve the advertisement or publication, the concerns shall be forwarded to the licensee. Failure to correct the advertisement or publication shall be considered a violation of these Rules & Regulations.
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.
4.12 No individual licensed under 24 Del.C. Ch. 55 shall carry a firearm unless the individual has first passed an approved firearms course of instruction and an initial qualification administered by an approved certified 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). The initial qualification course may 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.
4.23 All In order to carry a firearm, individuals licensed to carry a firearm under 24 Del.C. Ch. 55 must shoot a minimum of three (3) qualifying shoots per calendar year, scheduled on at least two (2) separate days, with a minimum 90 days between scheduled shoots. Of these three (3), there will be one (1) mandatory "low light" shoot and may be combined with a day shoot. Two day shoots may shall not be completed on the same day date. Simulation is permitted. The initial qualification shoot may be used to fulfill one day and one low light requirement during the first year.
4.2.1 All renewal shoot sheets must be submitted to the Professional Licensing Section by January 31st of each year for the previous calendar year.
4.2.23.1 An individual not meeting the minimum qualifications set forth in 4.2 subsection 4.3 may have their firearms license suspended be suspended from carrying a firearm while acting in the performance of their duties as a BEA until such time that they meet the minimum three (3) qualifying shoots within the calendar year.
4.34 Only the handguns with the following calibers are permitted:
4.34.1 9mm;
4.34.2 .357;
4.34.3 .38;
4.34.4 .40; or
4.34.5 .45; or
4.4.6 .357 SIG.
4.45 All weapons must be either a revolver or semi-automatic and must be double-action or double-action only and must be maintained to factory specifications.
4.56 Under no circumstances will anyone under this Rule be allowed to carry any type of shotgun or rifle or any type of weapon that is not described herein.
4.67 All individuals must qualify meet the minimum qualifications set forth in subsection 4.3 with the same make/model/caliber of weapon that he/she will carry.
4.78 All ammunition will must be factory fresh (no re-loads).
4.89 The minimum passing score is 80%.
4.10 All licenses are valid for a period of four years, subject to proof of compliance of Section 4.0 by submission of shoot certification or re-certification forms to the Professional Licensing Section, by January 15th of each year for the previous calendar year.
4.911 Firearms instructors providing instruction under Section 4.0:
4.911.1 Firearms instructors must be certified by the National Rifle Association, a law enforcement training and standards commission (i.e. C.O.P.T.), and/or another professional firearms training institution as a “certified firearms instructor”.
4.911.2 Firearms instructors are restricted to teaching and qualifying individuals according to the type of firearm matching their certification. (For example, a certified handgun instructor may only instruct and qualify individuals with the handgun.)
4.911.3 All firearms instructors must be approved by the Professional Licensing Section before they are authorized to instruct or qualify licensed individuals issued an ID card, license and badge under 24 Del.C. Ch. 55.
5.1 To carry the above weapons/items a BEA must have completed a training program on each and every weapon/item carried and all certifications must be on file in the Professional Licensing Section to be valid to carry/use. Under no circumstances would a person be permitted to carry any other type weapon/item, unless first approved by the Professional Licensing Section.
5.2 Weapon/Item Instructors
5.2.1 All weapon/item 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.
6.1 All individuals applying for licensure under 24 Del.C. Ch. 55 must complete a minimum of eight hours of training in the following 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.
6.1.1 Courses in Constitution/Bill of Rights, Laws of Arrest, Laws of Search & Seizure of Persons Wanted, Police Jurisdiction, Use of Deadly Force, and the Rules & Regulations of Bail Enforcement Agents; and any other training as deemed pertinent by the Board.
6.1.2 Mandatory training in the field by a bail enforcement instructor approved by the Board.
6.1.3 A bail enforcement agent shall go through a minimum one year internship with an approved licensed bail enforcement agent.
Continuing education/training shall be 32 hours every four (4) years with the breakdown being eight (8) hours per year, which must include at least two (2) hours each year in training on the use of deadly force. Failure to have the eight hours of training every year shall be grounds for suspension or revocation of a current license or rejection of a renewal application. Any licensed Bail Enforcement Agent (BEA) not obtaining the continuing education for a given year by the last class offered shall be placed on emergency suspension immediately. Once the continuing education class has been taken for the following year, Professional Licensing may administratively re-instate the BEA.
8.1 All BEA’s licensed under 24 Del.C. Ch. 55 are required to notify the police emergency 911 dispatch center for the appropriate jurisdiction prior to making any attempt at an apprehension. This notification must occur prior to responding to the address of the attempt.
8.1.1 Notification shall be made to one of the following 911 dispatch centers as appropriate; Recom - DSP, New Castle County PD, Newark PD, Wilmington PD, University of Delaware PD, Kent-com - DSP, Smyrna PD, Dover PD, Milford PD, Suscom - DSP, Seaford PD, Rehoboth Beach PD, Dewey Beach PD, Bethany PD, and South Bethany PD.
8.2 Upon successful apprehension, if the BEA transports the subject to the law enforcement agency in the jurisdiction in which the apprehension occurred, transfer of custody to the law enforcement agency shall take place at that time.
8.2.1 A failure of a police agency to accept custody of the fugitive shall be immediately documented by the BEA and reported to the Professional Licensing Section.
8.3 Failure to follow the procedures as described in this section could result in the suspension or revocation of the BEA identification card, license, and badge.
9.1 In order for a BEA to carry/use an electronic control device (ECD), he/she must complete a training program approved by the Board and all certifications or re-certifications must be on file with the Professional Licensing Section.
9.2 ECD Instructors
9.2.1 All ECD 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.
10.1 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.
10.3 Any individual whose identification card, license and badge has been suspended, revoked, or denied shall be granted a full hearing, by the Board at their next quarterly meeting, provided that the violating party requests such a hearing, in writing, to the Director of the Professional Licensing Section within 30 days of the suspension. Such individual shall be entitled to an appeal of the Board's decision to the Department of Safety and Homeland Security if a written appeal is filed within ten (10) days from the date of the Board's decision.
11.1 For the purposes of 24 Del.C. Ch. 55, the Board may deny an application for a license or suspend or revoke a license 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 §763 Sexual harassment;
11.1.2 §764 Indecent exposure in the second degree;
11.1.3 §765 Indecent exposure in the first degree;
11.1.4 §766 Incest;
11.1.5 §767 Unlawful sexual contact in the third degree;
11.1.6 §781 Unlawful imprisonment in the second degree;
11.1.7 §840 Shoplifting;
11.1.8 §861 Forgery;
11.1.9 §871 Falsifying Business Records
11.1.10 §881 Bribery
11.1.11 §907 Criminal Impersonation
11.1.12 §1101 Abandonment of a Child;
11.1.13 §1102 Endangering the Welfare of a Child;
11.1.14 §1105 Endangering the Welfare of an Incompetent Person;
11.1.15 §1106 Unlawfully Dealing with a Child;
11.1.16 §1107 Endangering Children;
11.1.17 §1245 Falsely Reporting an Incident;
11.1.18 §1341 Lewdness;
11.1.19 §1342 Prostitution;
11.1.20 §1343 Patronizing a Prostitute; and
11.1.21 §1355 Permitting Prostitution
11.2 Title 16
11.2.1 §1166 Patient Neglect or Abuse
11.3 Title 31
11.3.1 §3913 Abuse/Neglect/Exploitation/Mistreatment of an Infirm Adult.
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.
