24 Del. Admin. Code § 5500 – Bail Enforcement Agents

Department of Safety and Homeland Security

Division of State Police

Division of State Police

5500 Bail Enforcement Agents

1.0 Licensing

1.1 A bail enforcement agent (BEA) identification card, license and badge shall not be issued if the applicant has not complied with the provisions set forth in24Del.C.Ch. 55and the regulations set forth herein. Moreover, no identification card, license and badge shall be issued if charges are pending under24Del.C.§5507.
1.2 The individual BEA applying for an identification card, license and badge under24Del.C.Ch. 55must also meet the following qualifications:
1. 1.2.1 Must complete the training qualifications set forth in Section 6.0 of this regulation; and
2. 1.2.2 If carrying a weapon, must meet and maintain the qualifications set forth in Sections 4.0 and 5.0 of this regulation.
1.3 The individual BEA applying for licensure under24Del.C.Ch. 55must submit the following for approval:
1. 1.3.1 A fee of $90 for a 4 year ID card license and badge; and
2. 1.3.2 All applications required by the Professional Licensing Section.
1.4 The identification cards, licenses and badges are the property of the Delaware State Police. 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 under24Del.C.Ch. 55.
1.5 There shall be no reciprocity with any other state regarding the issuing of an identification card, license, and badge to a BEA.
1.6 The individual BEA re-applying for an identification card, license, and badge under24Del.C.Ch. 55must submit the following for approval:
1. 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 4 years; and
2. 1.6.2 Proof of completion of the continuing education set forth in Section 7.0 of this regulation; and
3. 1.6.3 All applications required by the Professional Licensing Section.

2.0 Badges, Patches, and Advertisements

2.1 No individual licensed under24Del.C.Ch. 55shall use any type of uniform or other clothing items displaying logos, badges, patches, or any other type of writing without first being approved by the Board. Under no circumstances shall any item contain the seal or crest of the State of Delaware, any state of the United States, the seal or crest of any county or local subdivision, or any facsimile of the aforementioned seals or crests.
1. 2.1.1 All BEA’s shall at all times during the lawful performance of their duties pursuant to24Del.C.Ch. 55and the regulations set forth herein use or display the following:
  1. 2.1.1.1 Their assigned badge on the front of the outermost garment; and
  2. 2.1.1.2 Wearing of a ballistic vest; and
  3. 2.1.1.3 "Bail Enforcement Agent" must be displayed on the back of the outermost garment, the use of "BEA" only is not acceptable.
2. 2.1.2 Items submitted in compliance with subsection 2.1.1 do not need to be presented to the Board for approval providing that there are no additional logos, patches, or wording displayed on the outermost garment.
2.2 All advertisements, including vehicle markings, or other forms of publication, subsequent to their use, are subject to review by the Board for potential misrepresentation. If the Board 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 this regulation.
2.3 The use of auxiliary lights or sirens on vehicles is prohibited.

3.0 Use of Animals

The use of animals is prohibited in the performance of any BEA activity.

4.0 Firearms Policy

4.1 Section 4.0 shall apply only to individuals licensed under24Del.C.Ch. 55, while such individuals are acting in the performance of their duties as a BEA.
4.2 No individual licensed under24Del.C.Ch. 55shall 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.
4.3 In order to open carry a firearm while in the performance of their duties, individuals licensed to carry a firearm under24Del.C.Ch. 55must 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. 4.3.1 An individual not meeting the minimum qualifications set forth in subsection 4.3 may have their firearms license suspended until such time that they meet the minimum 3 qualifying shoots within the calendar year. 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 verified by official documented military orders. Upon return from such service, 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 the Section.
2. 4.3.2 An individual not meeting the minimum qualifications set forth in subsection 4.3 who has remained suspended for a period of 36 months or more from the anniversary of their initial qualification will be required to repeat 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.
4.4 Only the handguns with the following calibers are permitted:
1. 4.4.19 mm;
  1. 4.4.2.357 ;
  2. 4.4.3.38 ;
  3. 4.4.4.40 ;
  4. 4.4.5.45 ; or
  5. 4.4.6.357 SIG.
4.5 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.
4.6 Under no circumstances will anyone under this Section be allowed to carry any type of weapon that is not described herein.
4.7 All individuals must meet the minimum qualifications set forth in subsection 4.3 with the same make/model/caliber of weapon that the BEA will carry.
4.8 All ammunition must be factory fresh (no re-loads).
4.9 The minimum passing score is 80%.
4.10 All firearms licenses are valid for a period of 1 year, subject to proof of compliance of Section 4.0 by submission of shoot certification or re-certification forms by a Professional Licensing Firearms Instructor to the Professional Licensing Section, by January 15 of each year for the previous calendar year. The certification or re-certification shoots must have been completed no later than December 31 of the previous calendar year.
4.11 If an individual requests to carry a different approved weapon, while in the performance of their duties as a BEA, other than the weapon on file with the Professional Licensing Section, the BEA prior to making changes, 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 licensee is seeking to change to. If approved, the licensee must submit certification of a day and low light qualification with the new weapon.
1. 4.11.1 Once completed, the licensee 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 Licensing Section. Proof of compliance with Section 4.0 by submission of shoot certifications to the Professional Licensing Section must be received within 30 days of the date of the qualification shoot.
2. 4.11.2 An individual may not change weapons after October 31 of the current calendar year, without prior approval of the Director of Professional Licensing, after submitting a request to the Professional Licensing Section. If approval is granted, the individual must be certified and submit certification of a day and low light qualification to the Professional Licensing Section prior to carrying the weapon.
4.12 Firearms instructors providing instruction under Section 4.0:
1. 4.12.1 Firearms instructors must be certified by the National Rifle Association as a Law Enforcement Instructor or through a law enforcement training and standards commission (Police Officer Standards and Training Commission, 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. 4.12.2 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. 4.12.3 All firearms instructors must be approved by the Professional Licensing Section before they are authorized to instruct or qualify licensed individuals.
4. 4.12.4 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.

5.0 Baton, Inflammatory Agent Sprays, Chemical Sprays, and Handcuffs

5.1 Anyone licensed under24Del.C.Ch. 55wishing to carry law enforcement style batons, inflammatory agent sprays, chemical sprays, and handcuffs, while in the performance of their duties as a BEA under24Del.C.Ch. 55, must have completed a training program on each and every weapon/item. The carrying of these weapons/items is only authorized after the BEA completes the appropriate training program with a certified instructor as required by the manufacture of the weapon/item and all certification and re-certifications are provided to the Professional Licensing Section.
1. 5.1.1 Under no circumstances would a person be permitted to carry any other type weapon/item, while in the performance of their duties as a BEA under24Del.C.Ch. 55, unless first approved by the Director.
2. 5.1.2 Any person registered in24Del.C.Ch. 55who fails to provide a valid certification for any of the above weapons, if carried while in the performance of their duties as a BEA under24Del.C.Ch. 55, will be subject to disciplinary actions consistent with the law.
5.2 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.

6.0 Training Requirements For Issuance of a License

6.1 All individuals applying for licensure under24Del.C.Ch. 55must complete a minimum of 8 hours of training in subsection 6.2 prior to the issuance of an identification card, license, and badge, and must pass the test with a minimum score of 75%. Any failed test may be taken again within 2 weeks of the class. A second failed test will require the individual to take the classroom training again at the next scheduled class.
6.2 Training courses include the 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.
6.3 All classroom training and testing must be given by a Board approved facility.

7.0 Reserved.

8.0 Apprehension Procedures

8.1 All BEA’s licensed under 24Del.C.Ch. 55 are required to notify the Public Safety Answering Point (PSAP) for the appropriate jurisdiction prior to making any attempt at an apprehension or surveillance. This notification must occur prior to responding to the address of the attempt/surveillance. Notification shall be made to the same PSAP when clearing the address of the attempt/surveillance. If notification cannot be made to the PSAP of jurisdiction, the BEA shall contact the Regional Center for the County - Recom, Kentcom, or Suscom.
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.
8.3 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.
8.4 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.

9.0 Conducted Electrical Weapon (CEW)

9.1 In order for a BEA to carry/use a conducted electrical weapon (CEW), the BEA 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 All CEW instructors must be approved by the Professional Licensing Section before they are authorized to instruct or qualify individuals licensed under24Del.C.Ch. 55.

10.0 Suspensions and Revocations

10.1 The Director of the Professional Licensing Section shall have the power to invoke the intent to suspend or revoke any individual issued an identification card, license and badge under Title 24 Chapter 55 that violates the Chapter or this regulation.
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 under24Del.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 this regulation.
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 10 days from the date of the Board's decision.

11.0 Criminal Offenses

11.1 For the purposes of24Del.C.Ch. 55, the Director of the Professional Licensing Section may deny an application, suspend, or revoke an identification card, license and badge if the applicant or licensee has been convicted of a misdemeanor crime involving moral turpitude. A misdemeanor crime involving moral turpitude includes the following crimes in the Delaware Code (or similar crimes under the laws of other jurisdictions):
1. 11.1.1 Title 11 Crimes and Criminal Procedures Ch. 5 Specific Offenses:
  1. 11.1.1.1 §763 Sexual harassment;
  2. 11.1.1.2 §764 Indecent exposure in the second degree;
  3. 11.1.1.3 §765 Indecent exposure in the first degree;
  4. 11.1.1.4 §766 Incest;
  5. 11.1.1.5 §767 Unlawful sexual contact in the third degree;
  6. 11.1.1.6 §781 Unlawful imprisonment in the second degree;
  7. 11.1.1.7 §840 Shoplifting;
  8. 11.1.1.8 §861 Forgery;
  9. 11.1.1.9 §871 Falsifying Business Records
  10. 11.1.1.10 §881 Bribery
  11. 11.1.1.11 §907 Criminal Impersonation
  12. 11.1.1.12 §1101 Abandonment of a Child;
  13. 11.1.1.13 §1102 Endangering the Welfare of a Child;
  14. 11.1.1.14 §1105 Crime Against a Vulnerable Adult;
  15. 11.1.1.15 §1106 Unlawfully Dealing with a Child;
  16. 11.1.1.16 §1107 Endangering Children;
  17. 11.1.1.17 §1245 Falsely Reporting an Incident;
  18. 11.1.1.18 §1341 Lewdness;
  19. 11.1.1.19 §1342 Prostitution;
  20. 11.1.1.20 §1343 Patronizing a Prostitute; and
  21. 11.1.1.21 §1355 Permitting Prostitution
2. 11.1.2 Title 16 Health and Safety Ch. 11 Nursing Facilities and Similar Facilities
  1. 11.1.2.1 §1136 Violations.
3. 11.1.3 Title 31 Welfare Ch. 39 Adult Protective Services:
  1. 11.1.3.1 §3913 Violations.

12.0 Prohibited Acts

No individual issued an identification card, license or badge under24Del.C.Ch. 55shall be impaired, by drugs or alcohol, while performing the duties of a BEA.

19 DE Reg. 318 (10/01/15)

29 DE Reg. 709 (02/01/26)

20 DE Reg. 61 (07/01/16)

21 DE Reg. 49 (07/01/17)

23 DE Reg. 72 (07/01/19)

29 DE Reg. 709 (02/01/26)

18 DE Reg. 578 (01/01/15)

18 DE Reg. 318 (10/01/14)

19 DE Reg. 318 (10/01/15)

20 DE Reg. 473 (12/01/16)

29 DE Reg. 709 (02/01/26)

18 DE Reg. 318 (10/01/14)