§ 6561 — Police powers of correction officers, employees and internal affairs investigators

(a) All correctional officers and employees of the Department shall have the full power of a State Police officer when:

(1) On duty at 1 of the correctional institutions; or

(2) In charge of prisoners at any place within the State and while going to or returning from such duty; or

(3) Searching for escaped prisoners.

(b) Only those correctional officers and employees who have been sworn in by the Commissioner shall have the power of a police officer under this section. The Department shall provide appropriate identification for all such correctional officers and employees.

(c) In addition to the police powers set forth in subsection (a) of this section, any internal affairs investigator in the Department who has been sworn in by the Commissioner in accordance with subsection (b) of this section shall:

(1) Exercise the full power of a State Police officer when acting in the course and scope of the investigator’s duties as an internal affairs investigator on or off the premises of a correctional institution; provided, however, that before an internal affairs investigator executes a search warrant or makes an arrest off the premises of a correctional institution, the Commissioner shall notify the Superintendent of the Delaware State Police or the Attorney General or both;

(2) Have the right of access at all times to the books, papers, records and other documents of the Department or any of its bureaus, divisions, units or other administrative subdivisions; and

(3) Have the power to summon employees of the Department as witnesses pursuant to a lawful internal affairs investigation.

Legislative History

11 Del. C. 1953, § 6560; 54 Del. Laws, c. 349, § 1 ; 59 Del. Laws, c. 532, § 1 ; 66 Del. Laws, c. 85, § 202 ; 70 Del. Laws, c. 186, § 1 ; 78 Del. Laws, c. 305, § 7