DELAWARE - In a move aimed at bolstering transparency and accountability within law enforcement, Gov. John Carney has signed the revised Law Enforcement Officer's Bill of Rights into law. These legislative amendments, which were met with bipartisan support, are set to bring about changes to protocols and investigative procedures for police across the state.
The new legislation is expected to make the public more informed about investigations into alleged misconduct. The state aims to enhance public trust in law enforcement agencies by introducing several key provisions.
- Law enforcement agencies must publicly share detailed narratives of internal investigations in specific cases.
- The Criminal Justice Council will accumulate and post all narratives to be prepared under these new amendments on its website.
- Part-time officers are included now.
- Investigations must be completed regardless of an officer's employment status.
- Investigation outcomes will be shared with those who complain.
DETAILS
Law enforcement agencies must publicly share detailed narratives of internal investigations in specific cases like those with serious physical injuries resulting from the use of force, discharging a firearm at a person and domestic violence, to name a few. The Criminal Justice Council will aggregate and post all narratives to be prepared under these new amendments on its website along with an annual report on the number of public and internal complaints relating to police misconduct a department receives each year and the number of formal investigations that result in a sustained finding of misconduct.
The law also differentiates between formal investigations and informal inquiries, stressing that even informal inquiries must adhere to both federal and state laws.
Agencies must complete investigations into alleged officer misconduct regardless of the officer's employment status at the time of investigation. Even if an officer resigns or retires during the process, investigations will continue and results must be reported to the Council on Police Training. Part-time officers are also included in this coverage now.
Now that this bill has been signed into law, officers must be required to sign an agreement upon being hired to allow the hiring agency to provide copies of his or her personnel file and disciplinary records with other law enforcement agencies that may make an offer to hire the officer in the future.
An accepted substitute requires that investigation outcomes be shared with those who complain. Findings include any recommendations for further action regarding misconduct.
The legislation also prioritizes the sharing of information with defendants in criminal or delinquency cases. Upon request, the Department of Justice will facilitate the disclosure of records pertaining to sustained findings of misconduct related to things like intentional false statements or reports or the destruction or concealment of evidence by an officer. This will make it so that such records are accessible and can be utilized for legal proceedings. If an investigation finds an allegation of misconduct to be unsubstantiated, it may not be used in any criminal or delinquency proceeding.