- (a) The Police Officer Standards and Training Commission shall adopt rules to implement this subchapter, which each law-enforcement agency that is a governmental entity of this State shall enforce.
(b) The rules adopted under subsection (a) of this section must address all of the following topics:
- (1) How an electronic recording of a custodial interrogation must be made.
- (2) The collection and review of electronic recordings, or the absence thereof, by supervisors in each law-enforcement agency.
- (3) The assignment of supervisory responsibilities and a chain of command to promote internal accountability.
- (4) A process for explaining noncompliance with procedures and imposing administrative sanctions for a failure to comply that is not justified.
- (5) A supervisory system expressly imposing on individuals in specific positions a duty to ensure adequate staffing, education, training, and material resources to implement this subchapter.
- (6) A process for monitoring the chain of custody of an electronic recording.
- (c) The rules adopted under paragraph (b)(1) of this section for video recording must contain standards for the angle, focus, and field of vision of a recording device, other than a body-worn camera, which reasonably promote accurate recording of a custodial interrogation at a place of detention and reliable assessment of its accuracy and completeness. In a place of detention, the recording device must be simultaneously focused on both the law-enforcement officer and the individual subject to the custodial interrogation.
83 Del. Laws, c. 260, § 1; 83 Del. Laws, c. 447, § 1; 84 Del. Laws, c. 149, § 13