# Delaware

Delaware has no outside certification for correctional officers: the Department of Correction (DOC) hires them, must train them, and may not employ anyone ever convicted of a felony, apart from a narrow casual or seasonal exception, and it runs every prison and jail in the State. Since 2023 the State has made serious-force and sustained-misconduct narratives for probation and parole officers public, required the least restrictive probation conditions, let officers have personal information removed from public view, banned private detention, started a lactation program, and required DOC to report deaths in custody. Several of these acts took effect a set number of days after signing; those dates are computed.

Source: https://uscli.org/corrections-tracker/delaware

## At a glance

- **Certifying body:** None for correctional officers. DOC “shall be the hiring agency for all correctional officers” and must itself run their mandatory basic and annual training ([11 Del. C. § 6506(a)](https://delcode.delaware.gov/title11/c065/sc01/index.html); [§ 6565](https://delcode.delaware.gov/title11/c065/sc08/index.html)). The Police Officer Standards and Training Commission certifies police officers only; see the [Delaware Officer Ledger page](https://uscli.org/officer-certification-tracker/delaware). Probation and parole officers are DOC employees in the Bureau of Community Corrections; their constable powers depend on meeting training and education minimums set by DOC and the “Board of Examiners” (§ 4321(d)).
- **Statute:** 11 Del. C. chapter 65 (Department of Correction), chapter 66 (Restraint of Pregnant Persons in Custody), chapter 43 (probation and parole), and chapter 92 (Police Officers’ Due Process, Accountability, and Transparency, formerly the Law-Enforcement Officers’ Bill of Rights), which covers DOC probation and parole officers but not correctional officers ([11 Del. C. ch. 65](https://delcode.delaware.gov/title11/c065/index.html)).
- **Minimum standards:** By statute, applicants take the physical, mental, intelligence, or other tests DOC prescribes. DOC must obtain State and FBI criminal history and run NCIC and DELJIS name searches before hire, followed by fingerprint checks. DOC “shall not employ any individual who has ever been convicted of a felony offense” (or an out-of-state equivalent) and must immediately fire an employee whose fingerprint results show one. New hires serve a 6-month probationary period, or as the union contract sets (§ 6506(a), (b), (d)). DOC’s recruitment page lists for correctional officers “Must be 18 years of age,” a high school diploma or equivalent, a valid driver’s license, and no DUI conviction within 2 years; probation officers must be at least 20 and a half and hold a bachelor’s degree in a related field, or 60 college credits with case management knowledge ([DOC recruitment page](https://doc.delaware.gov/views/recruitment.blade.shtml)).
- **Basic training:** “All correctional officers of the Department shall be required to complete a basic training program as a condition of employment or continued employment,” with no exceptions ([§ 6565(a), (d)](https://delcode.delaware.gov/title11/c065/sc08/index.html)). DOC’s academy for correctional officers is the Correctional Employee Initial Training (CEIT) course; no official source found states its length. A DOC flyer describes a 14-week Basic Officer Training Course for probation and parole officers; that figure could not be re-confirmed.
- **In-service training:** “All correctional officers shall be required to complete advanced annual training after having completed the basic training program,” administered by DOC, with no exceptions; the statute sets no hours (§ 6565(b) to (d)). DOC must also build its guidelines on restraining pregnant and postpartum prisoners into appropriate training programs ([§ 6604(d)](https://delcode.delaware.gov/title11/c066/index.html)).
- **Decertification:** None. Correctional officers are not certified, so there is no decertification. The bar is employment-based: a felony conviction requires termination (§ 6506(b)). For probation and parole officers, chapter 92 has required since August 7, 2023 that agencies send the Criminal Justice Council detailed narratives of firearm discharges at a person, force causing serious physical injury, and sustained findings of sexual assault or harassment, dishonesty, or domestic violence, which the Council posts publicly (§ 9210; entry below). That is a public misconduct record, not a decertification list.
- **Jail standards:** Delaware has no county jails. DOC runs a unified system, and “References in other statutes to the State Board of Corrections or Board of Trustees or workhouse or jail shall be deemed to mean the Department” ([§ 6503](https://delcode.delaware.gov/title11/c065/sc01/index.html)). There is no separate jail-standards board. The Adult Correction Healthcare Review Committee reviews DOC health care (§ 6518).
- **Probation and parole officers:** DOC probation and parole officers “shall exercise the same powers as constables,” may search people under supervision under DOC procedures, and execute warrants, but only if they participate in and meet the training and education minimums set by DOC and the Board of Examiners. DOC must adopt a body-worn camera policy that meets or exceeds POST Commission standards ([§ 4321(d), (h)](https://delcode.delaware.gov/title11/c043/sc02/index.html)). Since December 28, 2025 (computed), officers must presumptively impose the fewest and least restrictive special conditions and state each condition’s relation to criminogenic needs or supervision goals (§ 4332(a)(7)). They are law-enforcement officers under chapter 92 (§ 9200(b)(4)).
- **Restrictive housing:** No statute limiting solitary confinement or restrictive housing was found in chapter 65 (searched for isolation, segregation, restrictive housing, and solitary). Discipline is left to DOC rules (§ 6535).
- **Corrections use of force:** A warden or other authorized official of a correctional institution may use force the official reasonably believes necessary to enforce lawful institutional rules, if the force is not forbidden by statute and any deadly force is otherwise justified (11 Del. C. § 468(5)). Pregnant prisoners: no restraints in the second or third trimester, labor, delivery, or the 13-week postpartum period, except on an individualized finding of “extraordinary circumstances”; never leg or waist restraints in labor or delivery; wrist restraints in front. A medical professional must be notified and examine within 10 minutes of a leg or waist restraint, and the escorting officer must remove restraints immediately if a treating health professional asks. Written findings are due within 10 days and kept 5 years. Front wrist restraints are allowed for outside transport ([§§ 6602 to 6605](https://delcode.delaware.gov/title11/c066/index.html)).

## Changes, 2023 to 2026

- Jul 23, 2026 — **DOC must report every death in custody, or lose federal pass-through funds** — 85 Del. Laws c. 361 (SB 291), adding 11 Del. C. ch. 87A (§§ 8701A to 8707A) · Signed July 23, 2026, as recorded on the Delaware Officer Ledger page; effective on signature (the bill text sets no other date) — A “law-enforcement agency” under the new chapter expressly includes the Department of Correction and the Division of Youth Rehabilitative Services, and an “individual in custody” includes a person incarcerated at a correctional facility, including one run by a DOC contractor. Each agency must report any death of an individual in custody to the Statistical Analysis Center on its form, file a quarterly affirmation within 15 calendar days after each federal fiscal quarter in which no death occurred, answer the Center’s information requests, and name a staff point of contact. The Criminal Justice Council reports on compliance each year by December 1. An agency found noncompliant by case decision may not receive listed federal pass-through funds, including Byrne JAG, until found compliant. The medical examiner must mark in-custody deaths in the State’s death records. — **For corrections staff:** Every death of a person in DOC custody must be reported to the Statistical Analysis Center; quarters with none need an affirmation. — [SB 291 text](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=143168&legislationTypeId=1&docTypeId=2&legislationName=SB291)[11 Del. C. ch. 87A](https://delcode.delaware.gov/title11/c087a/index.html)
- Jul 21, 2026 — **Breastfeeding and lactation program in DOC; staff must be told the procedures** — 85 Del. Laws c. 100 (HB 3), adding 11 Del. C. § 6536B · Approved July 21, 2025; “This Act takes effect 1 year after its enactment into law”; effective July 21, 2026 (computed) — DOC must run a breastfeeding and lactation program with a contracted breastfeeding organization. It covers pumping, storage, and same-day storage of breast milk for later retrieval and delivery by an approved person, pumps, a regular and comfortable place to pump, prenatal vitamins, and nutrition plans. Program information must be posted wherever medical care is given “and shall be communicated to all staff persons who interact with or oversee pregnant or lactating inmates.” DOC must report each year by January 1. — **For corrections staff:** If you supervise pregnant or lactating women, you must know and follow the lactation program procedures. — [85 Del. Laws c. 100](https://legis.delaware.gov/SessionLaws/Chapter?id=42262)[11 Del. C. § 6536B](https://delcode.delaware.gov/title11/c065/sc07/index.html)
- May 21, 2026 — **Private detention facilities banned** — 85 Del. Laws c. 258 (HS 2 for HB 151), secs. 1 and 2, adding 11 Del. C. § 6593 and definitions in § 6503 · Approved May 21, 2026; sections 1 and 2 effective on enactment; section 3 effective February 1, 2028 — The State, local governments, and their agencies, officers, and employees may not “Enter into an agreement for the detention of an individual in a detention facility owned, managed, or operated, in whole or part, by a private entity.” They also may not fund such a facility, take per-diem payments from one, or give one incentives. Contracts for ancillary services such as medical care, food, education, and maintenance are still allowed. — **For corrections staff:** Detention custody stays with public employees; private contractors are limited to support services. — [85 Del. Laws c. 258](https://legis.delaware.gov/SessionLaws/Chapter?id=42421)[11 Del. C. ch. 65, subch. XI](https://delcode.delaware.gov/title11/c065/sc11/index.html)
- Feb 8, 2026 — **Correctional, probation, and parole officers may have personal information removed on written request** — 85 Del. Laws c. 125 (SB 32 with SA 1), adding 11 Del. C. §§ 6594 to 6598 · Approved August 12, 2025; takes effect 180 days after enactment; effective February 8, 2026 (computed) — The law covers active, former, and retired correctional officers and probation and parole officers who serve or served on or after February 8, 2026. On written request, government agencies and private persons must remove the officer’s or family’s personal information within 72 hours, including home address, phone numbers, personal email, Social Security number, financial account numbers, and children’s identities. Remedies include injunctions with attorney fees and damages of at least $10,000 (up to 3 times actual damages). “The Department shall develop a policy and procedure for a correctional officer to file a written request with the Department for the Department to notify government agencies and persons and shall enroll the correctional officer in the services of an online privacy vendor.” DOC sends quarterly lists to agencies. Requests last 2 years and may be renewed; they end immediately on removal for cause, and officers leaving in good standing may get a 2-year extension. — **For corrections staff:** File a written request through DOC to have your home address and family details removed from public records and people-search sites. — [85 Del. Laws c. 125](https://legis.delaware.gov/SessionLaws/Chapter?id=42287)[11 Del. C. ch. 65, subch. XII](https://delcode.delaware.gov/title11/c065/sc12/index.html)
- Dec 28, 2025 — **Probation officers must use the least restrictive special conditions and may suspend conditions** — 85 Del. Laws c. 67 (SB 7 with SA 1), amending 11 Del. C. §§ 4321, 4332, 4333 · Approved July 1, 2025; “This Act takes effect 180 days after the Act’s enactment into law”; effective December 28, 2025 (computed) — Officers may now suspend, not only impose, special conditions under DOC procedures, pending court or Board review, and must use the least restrictive special conditions necessary (§ 4321(b)(4)b., c.). Under new § 4332(a)(7), “a court, Board of Parole, or probation and parole officer shall presumptively impose the least number of special conditions, and least restrictive special conditions of supervision, necessary to achieve the goals of supervision.” Each condition must be reasonably related to criminogenic needs or supervision goals, and the officer must state that relation for each one. The act also restructures probation lengths in § 4333. — **For corrections staff:** When you impose a special condition, record why it is needed and why nothing less restrictive works. — [85 Del. Laws c. 67](https://legis.delaware.gov/SessionLaws/Chapter?id=42229)[11 Del. C. §§ 4332, 4333](https://delcode.delaware.gov/title11/c043/sc03/index.html)
- Aug 7, 2023 — **Serious-force and misconduct narratives made public, covering probation and parole officers** — 84 Del. Laws c. 148 (HS 1 for HB 205), adding 11 Del. C. § 9210 · Approved August 7, 2023; effective August 7, 2023 — “Beginning on August 7, 2023, an investigating agency shall prepare, within 30 days following the completion of a formal investigation and the conclusion of any hearing required by this chapter, a detailed narrative of the investigation” and send it to the Criminal Justice Council, which posts it online within 30 days. Narratives are required for firearm discharges at a person, force causing serious physical injury, and sustained findings of sexual assault or harassment, dishonesty, or domestic violence. Records tied to posted incidents must be kept 25 years, and new hires must sign releases letting future employers see their disciplinary files. DOC probation and parole officers are law-enforcement officers under chapter 92; correctional officers are not. The [Delaware Officer Ledger page](https://uscli.org/officer-certification-tracker/delaware) covers the act’s other provisions. — **For corrections staff:** Probation and parole officers’ serious-force and sustained-misconduct cases are posted publicly; correctional officers are not covered. — [84 Del. Laws c. 148](https://legis.delaware.gov/SessionLaws/Chapter?id=41767)[11 Del. C. ch. 92](https://delcode.delaware.gov/title11/c092/index.html)

## Enacted, not yet in force, pending, and bills that did not pass

- **Private detention ban, juvenile settings (85 Del. Laws c. 258, sec. 3):** effective February 1, 2028, repeals the exclusion for nonsecure settings of the Department of Services for Children, Youth and Their Families.
- **Arrest for probation violations (11 Del. C. § 4334):** the Code shows a version headed “Effective Feb. 1, 2027,” from 84 Del. Laws c. 473 (SB 12, pretrial release and detention) and 85 Del. Laws c. 61, 62, and 324. Its effect on officers was not analyzed, and 84 c. 473, sec. 17 ties its effect to a preventive-detention constitutional amendment.

No list of corrections bills that failed from 2023 to 2026, including any restrictive housing bill, was compiled.

## Checked and unchanged

- 11 Del. C. § 6506 (hiring and the felony bar) was last amended by 79 Del. Laws c. 296; § 6565 (mandatory training) has not been amended since its enactment by 60 Del. Laws c. 617.
- 11 Del. C. ch. 66 (restraint of pregnant prisoners) was amended from 2023 to 2026 only by 84 Del. Laws c. 42 (gender-neutral wording) and c. 255 (renaming the Division of Research in the annual-report section); the restraint limits in § 6603 were last amended by 83 Del. Laws c. 365.
- Not counted: 85 Del. Laws c. 74 repealed §§ 6563 and 6564 (incarceration on arrest by a private detective), effective July 14, 2025.
- Not reviewed: 85 Del. Laws c. 253 (amending § 6536, medical care), c. 298 and c. 523 (inmate work, § 6532), and acts amending other titles, such as pensions and Title 29 personnel law.