24 Del. Admin. Code § 2400 – Board of Examiners of Constables

DEPARTMENT OF SAFETY AND HOMELAND SECURITY

Division of State Police

Division of State Police

5600 Board of Examiners of Constables

1.0 Licensing

1.1 All applicants must submit written testimony from 5 reputable citizens attesting to good character, integrity, and competency.
1.2 All applicants shall be required to submit an application and their fingerprints to the Professional Licensing Section on the appropriate forms. The Director of the State Bureau of Identification shall set the processing fee.
1.3 A constable shall not be a member or employee of any Delaware law enforcement organization, as defined by the Council on Police Training or a member or employee of a law enforcement organization of any other state or federal jurisdiction.
1.4 All applicants who were not prior law enforcement, in any jurisdiction, must meet the minimum training standards as established by the Board. They must also submit to either the MMPI (Minnesota Multiphasic Personality Inventory) or the PAI (Personal Assessment Inventory) evaluation performed by a licensed psychologist who has knowledge of the requirements of the duties of the Constable position that the applicant is psychologically fit to function as a competent Constable. Proof that the evaluation has been completed shall be provided, with the initial application for constable commission, to the Professional Licensing Section unless there is a documented issue, in which case the complete evaluation will be provided for review by the Board.
1. 1.4.1 Applicants, who were previously commissioned as a constable approved by the Board, and have not been active within the last 5 years, will be considered for commissions on a case-by-case basis. Applicants, who were a prior constable approved by the Board, and have not been active for over 5 years, will be required to take an MMPI or the PAI, under the conditions noted in subsection 1.4, and pass a comprehensive, multiple-choice examination of the minimum standards established by the Board to demonstrate their knowledge of the duties of a Constable.
2. 1.4.2 Any failed test may be taken again within 2 weeks of the first test. A second failed test will require the applicant to take the full Academy course.
1.5 Applicants, who were prior law enforcement officers in any jurisdiction in the State of Delaware, and have been away from active law enforcement under 5 years, will be considered for commissions on a case-by-case basis. Applicants who were prior law enforcement outside the State of Delaware will be required to take, and pass, a comprehensive, multiple-choice examination of the minimum standards established by the Board to demonstrate their knowledge of the duties of a Constable. Any failed test may be taken again within 2 weeks of the first test. A second failed test will require the applicant to take the full Academy course.
1.6 Applicants, who have been law enforcement officers in the past, within or outside the State of Delaware, but have been away from active law enforcement for more than 5 years, will be required to take an MMPI or the PAI, under the conditions noted in subsection 1.4, and pass a comprehensive, multiple-choice examination of the minimum standards established by the Board to demonstrate their knowledge of the duties of a Constable. Any failed test may be taken again within 2 weeks of the first test. A second failed test will require the applicant to take the full Academy course.
1.7 All prior law enforcement applicants must take an approved Constable Orientation Overview session and test, approved and administered by a Board approved facility. Any failed test may be taken again within 2 weeks of the first test. A second failed test will require the applicant to take the full comprehensive multiple-choice examination. Failure to pass the comprehensive multiple-choice examination requires applicants to attend the full Academy.
1.8 Applicants who are active or retired military law enforcement, Justice of the Peace Constables, corrections officers, or out-of-state probation and parole officers shall attend the Academy and submit to a MMPI or PAI.
1. 1.8.1 At the discretion of the Board, for good cause shown, the Academy may be waived.
2. 1.8.2 Probation and parole officers from the State of Delaware will be exempt from the Academy and are subject to the same requirements outlined in subsections 1.4 and 1.7, with the addition of the successful completion of a course on Delaware Law.
1.9 If an applicant wishes to work for more than 1 agency, the applicant must submit an application and an intent to hire letter from the new or second employer. All other requirements do not need to be submitted as they are already on file in the Professional Licensing Section. Any commissioned constable currently employed with an approved entity may, with the approval of the Director, be commissioned to work with any other approved entity for the purpose of new or secondary employment as a constable. The constable will be allowed to work for the new entity upon such approval and receiving the constable’s new commission and identification card. Any approval must be affirmed and voted on by the Board at the next scheduled meeting.
1. 1.9.1 If an applicant meets all the criteria for a waiver of training, Professional Licensing may administratively approve the commission in the same manner outlined in Section 1.0. Any such administrative approval must be affirmed and voted on by the Board at the next scheduled meeting.
2. 1.9.2 If an administratively approved commission is denied by the Board, the commission shall be immediately suspended as outlined in Section 2.0 and notification shall be made to both the entity and applicant.
1.10 All applicants seeking a new commission as a constable shall be required to submit a $200 licensing fee.
1.11 All applicants seeking a commission renewal as a constable shall be required to submit a $100 renewal licensing fee and shall accompany each re-application thereafter.
1.12 All commissions will expire on December 31, 2 years from the year the commission was first issued.

2.0 Suspensions, Revocations and Appeals

2.1 The Director of the Professional Licensing Section shall have the power to suspend or revoke the commission of any individual issued a commission under24Del.C.Ch. 56who violates the Chapter or this regulation.
2.2 The Director of the Professional Licensing Section may issue an emergency suspension of any individual issued a commission, under24Del.C.Ch. 56, who has been arrested where that arrest could result in the conviction of any misdemeanor or felony that violates the Chapter or this regulation.
2.3 Any individual whose commission has been placed on emergency suspension, suspended, revoked, or denied may, within 30 days of such notice, submit a written request of the appeal to the Director of the Professional Licensing Section.
2.4 A hearing before the Board will be convened on a date determined by the Board to resolve the appeal.
2.5 The Board decision, in writing, will be mailed to the applicant within 10 working days after the hearing.

3.0 Criminal Offenses

3.1 For the purposes of24Del.C.Ch. 56, the Director of the Professional Licensing Section may deny an application, suspend or revoke a commission if the applicant or commissioned individual has been convicted of a felony, or a misdemeanor crime involving moral turpitude, or of any local, state, or federal criminal offense involving theft, fraud, violation of the public trust, or of any drug law. A misdemeanor crime involving moral turpitude includes the following crimes in the Delaware Code (or similar crimes under the laws of other jurisdictions):
1. 3.1.1 Title 11 Crimes and Criminal Procedures Ch. 5 Specific Offenses:
  1. 3.1.1.1 §763 Sexual Harassment;
  2. 3.1.1.2 §764 Indecent Exposure 2ndDegree;
  3. 3.1.1.3 §765 Indecent Exposure 1stDegree;
  4. 3.1.1.4 §766 Incest;
  5. 3.1.1.5 §767 Unlawful Sexual Contact 3rdDegree;
  6. 3.1.1.6 §781 Unlawful Imprisonment 2nd;
  7. 3.1.1.7 §840 Shoplifting;
  8. 3.1.1.8 §861 Forgery;
  9. 3.1.1.9 §871 Falsifying Business Records;
  10. 3.1.1.10 §881 Bribery;
  11. 3.1.1.11 §907 Criminal Impersonation;
  12. 3.1.1.12 §1101 Abandonment of a Child;
  13. 3.1.1.13 §1102 Endangering the Welfare of a Child;
  14. 3.1.1.14 §1105 Crime Against a Vulnerable Adult;
  15. 3.1.1.15 §1106 Unlawfully Dealing with a Child;
  16. 3.1.1.16 §1107 Endangering Children;
  17. 3.1.1.17 §1245 Falsely Reporting an Incident;
  18. 3.1.1.18 §1341 Lewdness;
  19. 3.1.1.19 §1342 Prostitution;
  20. 3.1.1.20 §1343 Patronizing a Prostitute; and
  21. 3.1.1.21 §1355 Permitting Prostitution.
2. 3.1.2 Title 16 Health and Safety Ch. 11 Nursing Facilities and Similar Facilities:
  1. 3.1.2.1 §1136 Violations.
3. 3.1.3 Title 31 Welfare Ch. 39 Adult Protective Services:
  1. 3.1.3.1 §3913 Violations.
3.2 Anyone applying for commission under24Del.C.Ch. 56shall not be issued a commission if they have any pending criminal charges for any crimes listed in this Chapter.
3.3 The Director of the Professional Licensing Section may suspend anyone commissioned under24Del.C.Ch. 56who has been arrested and that arrest could result in the conviction of any misdemeanor or felony as described in this Chapter.
3.4 For purposes of24Del.C.Ch. 56, the Director of the Professional Licensing Section may deny an application based upon an applicant’s previous criminal activity, including records that have been expunged, to determine eligibility for a commission pursuant to11Del.C.§4376(a).

4.0 Badges and Vehicle Markings

4.1 No person licensed under24Del.C.Ch. 56shall wear or display any uniform, patch, badge, seal, vehicle and the markings, letterhead, business card, advertisement, or other form of publication unless first approved by the Board.
1. 4.1.1 Once a badge, patch, vehicle design, or other similar item has been initially approved by the Board, minor cosmetic changes or alterations to the overall appearance or design do not require additional approval, unless drastically altering the appearance or spirit of the originally approved design.
2. 4.1.2 Nothing in this Section shall be construed to authorize any design in violation of any other provision of this Section.
4.2 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 without proper authorization.
4.3 No such items will be approved by the Board if the item will mislead the public by confusing the entity or the constables with official law enforcement agencies or personnel.
4.4 All persons licensed under24Del.C.Ch. 56shall wear or display their assigned badge visibly on the outermost garment.
4.5 Vehicle Identification
1. 4.5.1 No vehicle utilized for purposes covered by24Del.C.Ch. 56shall have an appearance that creates a reasonable likelihood of confusion with a police vehicle used by the Delaware State Police or a law enforcement agency of any state or governmental subdivision. The Board of Examiners shall have discretion to review the appearance of vehicles, and to make comparisons with known law enforcement vehicles, in order to enforce this Section.
2. 4.5.2 In the event that a vehicle is not approved by the Board of Examiners pursuant to Section 4.0, the Board may indicate what changes to the vehicle appearance would be sufficient to satisfy the standards and criteria set forth above.
3. 4.5.3 Auxiliary lights on vehicles, used for patrol, shall be amber or white only. Other color lights must be approved by the Secretary of Safety and Homeland Security. Use of sirens is prohibited.

5.0 Firearms Policy

5.1 Section 5.0 shall apply only to individuals licensed under24Del.C.Ch. 56, while such individuals are acting in the performance of their duties as a constable.
5.2 No individual licensed under24Del.C.Ch. 56shall carry a firearm unless that individual has first passed an approved firearms course of instruction and an initial qualification administered by an approved firearms instructor. The course of instruction shall include a minimum 40 hours of training. The Professional Licensing Section may waive the 40-hour training requirement depending upon the applicant's professional credentials, training, or work experience (i.e. prior law enforcement). If waived, they must show proficiency and qualify a day and low light shoot with an approved firearms instructor. The initial qualification course shall be used to fulfill 1 day and 1 low light requirement during the first year; however an additional day shoot must be completed at least 60 days after the date of initial certification, within the calendar year. Should the initial qualification course occur after October 31 and before December 31, a waiver of the second day qualifier may be obtained through a petition to the Director.
5.3 In order to open carry a firearm while in the performance of their duties, individuals licensed to carry a firearm under24Del.C.Ch. 56must shoot a minimum of 3 qualifying shoots per calendar year, scheduled on at least 2 separate days, with a minimum 60 days between scheduled day shoots. Of these 3, there will be 1 mandatory "low light" shoot which may be combined with a day shoot. Two day shoots shall not be completed on the same date. These qualifying shoots will be administered by an approved firearms instructor.
1. 5.3.1 An individual not meeting the minimum qualifications set forth in subsection 5.3 may have the individual’s firearms license suspended until such time that they meet the minimum 3 qualifying shoots within the calendar year.
2. 5.3.2 Professional Licensing may approve a temporary waiver of this requirement, at its discretion, for an individual not meeting the minimum 3 qualifying shoots within the calendar year due to military service, leaves of absence covered under the Family Medical Leave Act (FMLA), or other leaves of absence approved by the entity. Upon return from such leave, the individual must complete 1 day and 1 low light shoot in order to be authorized to work in an armed capacity. Qualifications conducted in this manner are exempt from the time restrictions outlined in this Section.
5.4 Only the handguns with the following calibers are permitted:
1. 5.4.19 mm;
  1. 5.4.2.357 ;
  2. 5.4.3.38 ;
  3. 5.4.4.40 ;
  4. 5.4.5.45 ; or
  5. 5.4.6.357 SIG.
5.5 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. Nothing in this Section shall be construed to prohibit the use of flashlights, grips, holographic sights, or other accessories commonly attached to law enforcement firearms.
5.6 Under no circumstances will anyone under this Section be allowed to carry any type of weapon that is not described herein.
5.7 All individuals must meet the minimum qualifications set forth in subsection 5.3 with the same make/model/caliber of weapon that the individual will carry.
5.8 All ammunition must be factory fresh (no re-loads).
5.9 The minimum passing score is 80%.
5.10 All firearms licenses for commissioned constables are valid for a period of 1 year. A Professional Licensing firearms instructor must provide the Professional Licensing Section with documentation the commissioned constable is compliant with firearm certification and recertification requirements of Section 1.0 by January 15 of each year for the previous calendar year. The certification or recertification shoots must have been completed no later than December 31 of the previous calendar year.
5.11 If an individual requests to carry a different approved weapon, while in the performance of the individual’s duties as a constable, other than the 1 on file with the Professional Licensing Section, prior to making any change, the licensee must first seek approval from the Director of Professional Licensing by submitting a request in writing of the make, model, and caliber of the firearm that the individual or organization is seeking to change to. If approved, the individual must submit certification of a day and low light qualification with the new weapon. Once completed, the individual can begin to carry the new weapon and the prior qualification of the previous weapon will become void. Another day shoot with the new weapon must take place after 60 days, during the same calendar year. Should the day and low light qualification with the new weapon occur after October 31, a waiver of the second day qualifier may be obtained through a petition to the Board. Individuals will only be authorized to carry the weapon they last qualified with and provided the shoot certifications to the Professional License Section. Proof of compliance with Section 5.0 by submission of shoot certification forms to the Professional Licensing Section, must be received within 30 days of the date of the qualification shoot.
5.12 Firearms instructors providing instruction under Section 5.0:
1. 5.12.1 Firearms instructors must be certified by the National Rifle Association as a Law Enforcement Instructor or through a law enforcement training and standards commission (i.e., Police Officer Standards and Training or P.O.S.T.). Certification by another professional firearms training institution as a "certified law enforcement firearms instructor" must be approved by the Board and outlined in the Professional Licensing Firearms Instructor Requirements. Instructors approved by the Board through another professional firearms training institution will have reciprocity approval with any other Board under Department of Safety and Homeland Security, Division of State Police, Professional Licensing Section.
2. 5.12.2 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.)
3. 5.12.3 All firearms instructors must be approved by the Professional Licensing Section before they are authorized to instruct or qualify commissioned individuals.
4. 5.12.4 Firearms instructors shall maintain certification by completing any required continuing education outlined by the instructor’s original professional firearms training institution and renew their credentials prior to its expiration date. In the event that no expiration date is provided by the issuing institution, firearms instructors shall be required to renew their status as an approved instructor with Professional Licensing every 3 years. As an alternative the instructor may complete any option outlined under the Professional Licensing Firearms Instructor Requirements Continuing Education and submission to Professional Licensing for approval.

6.0 Baton, Inflammatory Agent Sprays, Conducted Energy Weapons, and Handcuffs

6.1 Anyone commissioned under24Del.C.Ch. 56wishing to carry law enforcement style batons, inflammatory agent sprays, conducted energy weapon, or handcuffs must have completed a training program consistent with the manufacturer's standards, on each and every weapon/item. All certifications/re-certifications must be on file with the Constable's entity and available to the Professional Licensing Section for inspection.
6.2 Under no circumstances would a person be permitted to carry any other type weapon/item, unless first approved by the Director.
6.3 The Board shall have the right to deny any certification or re-certification from an instructor or training program that is deemed to be not within generally accepted practices for the weapon/item. Any denial may be appealed by submitting a request to the Professional Licensing Section and addressing the Board of Examiners.

7.0 Rifles

7.1 Section 7.0 shall apply only to individuals licensed under24Del.C.Ch. 56while these individuals are acting in the performance of their duties as a constable.
7.2 No individual licensed under 24Del.C.Ch. 56 shall carry a rifle unless that individual has first passed an approved firearms course of instruction and an initial qualification administered by an approved firearms instructor. The course of instruction shall include a minimum 24 hours of training. The initial qualification course shall also be conducted in the same manner as handguns, as outlined in Section 5.0.
7.3 Rifles carried under this Section shall abide by the same rules and regulations for handguns, outlined in Section 5.0, in addition to those provided in this Section.
7.4 Only rifles with the following calibers are permitted:
1. 7.4.1.223 cal
2. 7.4.25.56 mm
3. 7.4.3.9 mm
7.5 Under no circumstances will anyone under this Section be allowed to carry any type of rifle that is not described herein.
7.6 All individuals carrying a rifle pursuant to this Section must maintain their handgun qualifications in order to remain eligible for rifle carry.
7.7 An employer of a licensee approved to carry a rifle must seek review and approval of the Board prior to the individual licensee carrying a rifle within the jurisdiction of the employer.

8.0 Canine

8.1 Anyone commissioned under24Del.C.Ch. 56wishing to use a canine, both the constable and the canine must have completed a training program consistent with canine law enforcement standards. All certifications/re-certifications must be on file with the Constable’s entity and available to the Professional Licensing Section for inspection.
8.2 Under no circumstances would a person be permitted to substitute 1 canine for another, unless first approved by the Director.
8.3 The Board shall have the right to deny any certification or re-certification from an instructor or training program that is deemed to be not within generally accepted practices for the canine standards. Any denial may be appealed by submitting a request to the Professional Licensing Section and addressing the Board of Examiners.

9.0 Minimum Training Standards and In-Service Training

9.1 The Constable Academy, administered through a Board approved facility, shall instruct applicants in the minimum training standards established by the Board. The Academy shall be a minimum of 180.5 hours and include the following courses:
1. 9.1.1 Constitution and Bill of Rights;
2. 9.1.2 Courtroom Procedure and Demeanor;
3. 9.1.3 Criminal Investigation for Constables;
4. 9.1.4 Basic Evidence Detection & Collection;
5. 9.1.5 Cultural Diversity and Community Relations;
6. 9.1.6 Delaware Criminal Code;
7. 9.1.7 Domestic Violence;
8. 9.1.8 Drug Identification and Controlled Substances;
9. 9.1.9 Basic First Aid / CPR / AED;
10. 9.1.10 Fitness and Wellness;
11. 9.1.11 National Incident Management System;
12. 9.1.12 Incident Command System;
13. 9.1.13 Report Writing;
14. 9.1.14 Interview and Interrogation;
15. 9.1.15 Introduction to Delaware Constables;
16. 9.1.16 Juvenile Procedures;
17. 9.1.17 Laws of Arrest, Laws of Evidence and Search & Seizure;
18. 9.1.18 Manual Traffic Control;
19. 9.1.19 Other Police Agencies Jurisdiction;
20. 9.1.20 Police Communication and Crisis Intervention;
21. 9.1.21 Patrol Procedures and Officer Survival;
22. 9.1.22 Constable Discipline and Ethics;
23. 9.1.23 Use of Force and Critical Decision Making;
24. 9.1.24 Defensive Tactics;
25. 9.1.25 Handcuffing Certification;
26. 9.1.26 Baton Certification;
27. 9.1.27 Oleoresin Capsicum (OC Spray) Certification;
28. 9.1.28 Gangs, Sovereign Citizens, and the Delaware Intelligence Analysis Center;
29. 9.1.29 Homegrown Violent Extremists and Terrorism;
30. 9.1.30 De-escalation Tactics for Special Populations;
31. 9.1.31 Behavioral Mental Health Awareness;
32. 9.1.32 United States Veteran Affairs Overview;
33. 9.1.33 Delaware Code - Title 24 and Rules and Regulations Regarding Constables;
34. 9.1.34 Delaware Active Threat Response Training;
35. 9.1.35 Basic Firearms Safety;
36. 9.1.36 Review for Final Examination; and,
37. 9.1.37 Final Examination.
9.2 Applicants attending the Academy must take and pass the test with a minimum score of 75%. Any failed test may be taken again within 2 weeks of the first test. A second failed test will require the applicant to take the Academy again.
1. 9.2.1 Applicants wishing to attend the Academy must be employed and sponsored by an approved constable entity for acceptance into the Academy, with the exception of the provision in subsection 9.2.2.
2. 9.2.2 Other attendees, not affiliated with a constable entity, must be approved by the Director, by showing the cause and need to attend such training/Academy. The Director can only consider attendees who are currently employed by a local, state or federal government entity.
9.3 In-service training shall be completed every year through a Board approved facility. Odd years will be a minimum 8 hours of classroom instruction. Even years will be done by completing an on-line module and test. Modification to this schedule is permitted upon approval from the Board.
1. 9.3.1 All in-service training courses must be approved by the Board.
2. 9.3.2 Failure to complete the in-service training every year shall be grounds for suspension or revocation of a current commission. Any commissioned individual not obtaining the in-service training for a given year by the last class offered shall be placed on emergency suspension immediately. Any training missed, or not completed, by a commissioned individual must be completed before the emergency suspension may be administratively lifted. On-line training must be made up on-line and classroom instruction must be made up in person in the classroom. Notwithstanding the foregoing, the Board may consider extenuating circumstances for reinstatement at its discretion.
3. 9.3.3 Any in-service training test must be passed with a minimum score of 75%. Any failed test may be taken again within 2 weeks of the first test. A second failed test will require the individual to take the training again.