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SPONSOR: Rep. Griffith & Rep. Berry & Sen. Pinkney
Rep. Morrison; Sens. Sokola, Hoffner, Walsh
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 303
AN ACT TO AMEND TITLE 11, TITLE 19, AND TITLE 29 OF THE DELAWARE CODE RELATING TO JUVENILE
PROBATION AND PAROLE OFFICERS AND OTHER EMPLOYEES OF THE DIVISION OF CHILDREN, YOUTH,
AND THEIR FAMILIES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1 Section 1. Amend § 8402A, Title 11 of the Delaware Code by making deletions as shown by strike through and
2 insertions as shown by underline as follows:
3 § 8402A. Body-worn camera requirements.
4 (a) In accordance with the regulations established in §§ 8404, 4321, and 9003 of this title, a police officer, a
5 probation and parole officer of the Department of Correction assigned to a law-enforcement task force, and an employee of
6 the Department of Services for Children, Youth, and Their Families designated as a special investigator or serious juvenile
7 offender officer a Juvenile Probation and Parole Officer of the Department of Services for Children, Youth, and Their
8 Families shall wear a body-worn camera while on duty in a role that is likely to result in interactions with the public.
9 (b) A police officer, a probation and parole officer of the Department of Correction assigned to a law-enforcement
10 task force, and an employee of Department of Services for Children, Youth, and Their Families designated as a special
11 investigator or serious juvenile offender officer a Juvenile Probation and Parole Officer of the Department of Services for
12 Children, Youth, and Their Families required to wear a body-worn camera under subsection (a) of this section shall use the
13 body-worn camera to record interactions with the public while on duty in accordance with the regulations established in §§
14 8404, 4321, and 9003 of this title.
15 Section 2. Amend § 9200, Title 11 of the Delaware Code by making deletions as shown by strike through and
16 insertions as shown by underline as follows:
17 § 9200. Limitations on political activity; “law-enforcement officer” defined; rights of officers under investigation.
18 (b) For purposes of this chapter:
19 (4) “Law-enforcement officer” or “officer” means a full-time or part-time police officer who is a sworn
20 member of the Delaware State Police, of the Wilmington City Police Department, of the New Castle County Police, of
21 the University of Delaware Police Division, the Delaware State University Police Department, of the police force
22 established by the Delaware River and Bay Authority, or of the police department, bureau of police or police force of
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23 any incorporated municipality, city or town within this State or who is a sworn uniformed police or enforcement officer
24 of the Department of Natural Resources and Environmental Control or of the Delaware State Capital Police, or a
25 Probation and Parole Officer of the Department of Correction or a Juvenile Probation and Parole Officer of the
26 Department of Services for Children, Youth and their Families, or a State Fire Marshall Deputy or a state detective or
27 special investigator of the Department of Justice, an agent of the State Police Drug Diversion Unit or an agent of the
28 State Division of Alcohol and Tobacco Enforcement; provided, however, that except for the disclosures required under
29 § 9210 of this title, this chapter shall not apply to the Superintendent or Deputy Superintendent of the Delaware State
30 Police, or to any officer above the rank of Captain in the Delaware State Police, or to the chief of police of any police
31 force in this State, or to any other officer who is the highest ranking officer in the law-enforcement agency. An officer
32 who is not a member of 1 of the above agencies is not covered by this chapter.
33 Section 3. Amend § 1602, Title 19 of the Delaware Code by making deletions as shown by strike through and
34 insertions as shown by underline as follows:
35 § 1602. Definitions [For application of this section, see 83 Del. Laws, c.146, §§ 2, 3].
36 (11) “Police officer” means as defined in § 8401 of Title 11 and includes probation and parole officers of the
37 Department of Correction. Correction and Juvenile Probation and Parole Officers of the Department of Services for
38 Children, Youth, and Their Families. “Police officer” does not include any of the following:
39 a. The Department of Correction’s Director of Probation and Parole, correctional officers and similar
40 correctional occupations.
41 b. Correctional supervisors and nonuniformed correctional employees who are employed in a secure facility
42 operated by the Department of Correction or the Department of Services for Children, Youth and their Families, or
43 who have inmate contact which is composed of correctional lieutenants, staff lieutenants, correctional captains,
44 nonuniformed correctional employees who are employed in a secure Department of Correction facility or who have
45 inmate contact and similar occupations.
46 c. Persons and officers not included pursuant to § 8401(6)b. of Title 11.
47 d. The Attorney General and the Attorney General’s deputies.
48 e. Any position at a director or executive level whose essential job function and advanced knowledge about
49 the issues involved in collective bargaining would make it unduly burdensome for the employer to negotiate effectively
50 if the employee were a member of an appropriate bargaining unit. This exclusion applies only to those units not already
51 organized upon September 10, 2021, the effective date of this exclusion.
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52 Section 4. Amend § 5501, Title 29 of the Delaware Code by making deletions as shown by strike through and
53 insertions as shown by underline as follows:
54 § 5501. Definitions.
55 (k) “Specified peace officer” shall mean:
56 (10) Probation and parole officers in the Serious Juvenile Offender Unit and senior probation officers
57 employed by the Division of Services for Children, Youth, and their Families. Juvenile Probation and Parole Officers
58 and Juvenile Probation and Parole Officer Supervisors employed by the Department of Services for Children, Youth,
59 and Their Families.
60 Section 5. Amend § 5522, Title 29 of the Delaware Code by making deletions as shown by strike through and
61 insertions as shown by underline as follows:
62 § 5522. Eligibility for service pension.
63 (a) An employee shall become is eligible to receive a service pension, beginning with the month after the
64 employee has terminated employment, if: if any of the following apply:
65 (1) The employee has 5 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and
66 (12) of this title, and has attained age 62; 62.
67 (2) The employee has 15 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and
68 (12) of this title, and has attained age 60; 60.
69 (3) The employee has 30 years of credited service; service.
70 (4) The employee has 25 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and
71 (12) of this title, regardless of age; age.
72 (5) The employee has 25 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and
73 (12) of this title, regardless of age, and is a Department of Correction employee employee, a Department of Services
74 for Children, Youth, and Their Families employee, or a specified peace officer. The employee must have 20 years of
75 credited service as a correction officer or specified peace officer; or officer.
76 (6) The employee has 25 years of credited service, exclusive of service credited under § 5501(e)(4), (5), and
77 (12) of this title, regardless of age, and is a 911 operator. The employee must have 25 years of credit service as a 911
78 operator.
SYNOPSIS
This Act makes various changes related to Juvenile Probation and Parole Officers employed by the Department of
Services for Children, Youth, and Their Families (DSCYF) in the Division of Youth Rehabilitative Services’ Serious
Juvenile Offender (SJO) Unit. Juvenile Probation and Parole Officers in the SJO Unit are specialized staff who are
responsible for monitoring the highest-risk youth. Unlike the majority of the Division’s Community Services staff
monitoring youth on pretrial supervision or aftercare, the officers in the SJO Unit are sworn law enforcement officers
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authorized to carry a firearm and enforce warrants. This Act does not change the existing powers and duties of DSCYF
Juvenile Probation and Parole Officers, but instead updates Delaware Code to align with their position classification.
This Act adds Juvenile Probation and Parole Officers employed by DSCYF to the Police Officers’ and
Firefighters’ Employment Relations Act (POFERA). This will allow the officers in the SJO Unit to seek union
representation under the Fraternal Order of Police like the Department of Correction’s Probation and Parole Officers, the
DSCYF Juvenile Probation and Parole Officers’ closest state agency counterparts. This Act also adds DSCYF employees to
the existing statute that enables Department of Correction employees to receive a service pension after 25 years if they
internally promote after 20 years of credited service. This Act also changes references throughout Delaware Code to be
consistent with the position classification name and makes technical corrections to existing code to conform to the
standards of the Delaware Legislative Drafting Manual.
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