§ 9414 — General requirements for information from law-enforcement agencies [For application of (c) and (d) of this section, see 85 Del. Laws, c. 142, § 13]

Delaware § 9414

• Jurisdiction: Delaware
• Title: 11
• Part: Victims of Crimes
• Ch. 94: Crime Victims’ Bill of Rights
• Subch.: Crime Victims’ Rights

Text

(a) (1) Unless the form of notice is specifically required, information required under this chapter may be provided verbally, electronically, or as printed material.

(2) A victim is responsible for providing a law-enforcement agency with any changes to the victim’s contact information.

(3) A victim may indicate and change their preferred method of contact by law-enforcement agencies, including a preference not to be contacted. A law-enforcement agency must use the victim’s preferred method of contact when possible.

(4) The Delaware Criminal Justice Information System (DELJIS) shall create a mechanism that allows law-enforcement agencies to provide notice required under this chapter by e-mail.

(b) A person responsible for information required under this chapter must make all reasonable efforts to provide the information required under this chapter to victims, and may rely upon the most recent information provided by the victim.

(c) (1) The Department of Justice shall create a summary of the rights under §§ 9403 through 9405 of this title. This summary must also include all of the following:

a. The address of the website under subsection (d) of this section.

b. Notice that the rights under this chapter do not always apply to a victim.

c. A victim must provide changes in the victim’s contact information to a law-enforcement agency investigating or prosecuting the crime.

(2) DELJIS must provide that the summary under paragraph (c)(1) of this section is printed on the last page of the victim’s copy of the initial incident report.

(d) The Department of Justice shall maintain a website that provides information about all of the following:

(1) The rights under this chapter explained in a user-friendly manner. At a minimum, the information required under this section must be provided as follows:

a. In English and Spanish.

b. In a format that is as accessible as possible for individuals with disabilities.

(2) a. Victims services, including contact information for victim services personnel at each law-enforcement agency, Family Resource Centers, and as provided by each victim services agency.

b. For the family of a victim with a cognitive disability about victim services, including specific information regarding coping with the emotional impact of the crime and the subsequent court proceedings in which the victim will be involved.

(3) The Victims’ Compensation Assistance Program under Chapter 90 of this title.

(4) The Address Confidentiality Act under subchapter II of Chapter 96 of this title.

(5) Victim’s rights under § 4347 of this title when the defendant applies for parole and under § 4361 of this title when the defendant applies for a pardon.

(6) The rights of witnesses under all of the following:

a. Subchapter II of this chapter.

b. Chapter 35 of this title.

c. School employees under § 1318 of Title 14.

d. Board of Pardons under § 4361 of this title.

(7) Information about other rights a victim may have under state law, including all of the following:

a. Chapter 35 of this title.

b. For employees who are victims of domestic violence, a sexual offense, or stalking under § 711 of Title 19.

c. For tenants who are victims of domestic violence, sexual assault, or stalking under § 5314 and § 5316 of Title 25.

Legislative History

69 Del. Laws, c. 167, § 1 ; 85 Del. Laws, c. 142, § 1 ; 85 Del. Laws, c. 143, § 6