Delaware Code

11 Del. C. § 8402 (2026)

Members of Commission

✓ current as of May 2026
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(a) The Commission shall be composed of 17 members.

(b) The Commission shall be composed of the following members:

(1) A chairperson to be appointed by and to serve at the pleasure of the Governor. The chairperson must have substantial practical experience in the field of law enforcement.

(2) Attorney General.

(3) The Superintendent of the Delaware State Police.

(4) The Chief of the City of Wilmington Police.

(5) The Chief of the New Castle County Police Department.

(6) The Chief of the City of Dover Police Department.

(7) The Chief of the City of Newark Police Department.

(8) The Secretary of Education.

(9) The President of the Delaware League of Local Governments.

(10) The mayor of an incorporated municipality in Kent County, to be appointed by the Governor.

(11) The mayor of an incorporated municipality in Sussex County, to be appointed by the Governor.

(12) The chairperson of the Delaware Association of Chiefs of Police.

(13) The chair of Public Safety Committee of the House of Representatives.

(14) The chair of the Corrections and Public Safety Committee of the Senate.

(15) Three members of the public appointed by the Governor as follows:

a. One religious leader from the community who has experience with reentry.

b. Two members of the community who have been impacted directly or are immediate family members or caregivers of those impacted by the juvenile or adult criminal justice system.

(c) Except for the chairperson, members appointed by the Governor may not be a current or former member of law enforcement or affiliated with law enforcement. The Governor shall consider nonbinding recommendations from the NAACP, Delaware Center for Justice, and other nonprofit organizations for the public members appointed under paragraph (b)(15) of this section.

(d) Members appointed by the Governor, except for the chairperson, shall serve for a 3-year term and may be reappointed for 1 additional term. Each term of office shall expire on the date specified in the appointment; however, the board member shall remain eligible to participate in board proceedings unless and until replaced by the Governor. Initial appointments may be for terms of less than 3 years in order to stagger the terms of the appointed members. The Governor shall consider geographic diversity in appointing public members to the Commission.

(e) Members appointed to the Commission, except for the chairperson, who have never served on the Commission may be appointed to the Commission for 2 consecutive terms, but no such person shall thereafter be eligible for 2 consecutive appointments. No public member who has been twice appointed to the Commission or who has served on the Commission for 6 years within any 9-year period shall again be appointed to the Commission until an interim period of at least 3 years has expired since such person last served.

11 Del. C. 1953, §  8403;  57 Del. Laws, c. 26157 Del. Laws, c. 670, §§  1B, 1C63 Del. Laws, c. 31, §  165 Del. Laws, c. 492, §§  1, 268 Del. Laws, c. 49, §§  1, 270 Del. Laws, c. 186, §  173 Del. Laws, c. 65, §  983 Del. Laws, c. 83, § 284 Del. Laws, c. 42, § 184 Del. Laws, c. 149, § 1
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2025–2026 · leading case: Griffin v. Police Officer Standards & Training Comm'n (Del. Super. Ct. 2025).
Griffin v. Police Officer Standards & Training Comm'n (Del. Super. Ct. 2025). “See generally 11 Del. C. § 8402–8404. 4 See 11 Del. C. § 8404(a)(4)e.”
State v. Handy (Del. Super. Ct. 2026). “40 First, 11 Del. C. § 8402(A) and 1 Delaware Administrative Code § 801-26.”
11 Del. C. § 8402(A): 1 case
State v. Handy (Del. Super. Ct. 2026). “40 First, 11 Del. C. § 8402(A) and 1 Delaware Administrative Code § 801-26.”
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