Del. Code tit. 11 § 9601 : CRIMES AND CRIMINAL PROCEDURE — SPECIAL PROGRAMS — PROTECTION OF WITNESSES AND CRIME VICTIMS — PROTECTION OF WITNESSES — Witness relocation and services

(a) The Attorney General may provide for the health, safety, security and welfare of a witness or a potential witness for the State government in an official proceeding concerning criminal activity or other serious offense, if the Attorney General determines that an offense involving a crime of violence directed at the witness with respect to that proceeding or an offense set forth in subchapter III of Chapter 35 of this title directed at the witness or a potential witness is likely to be committed. The Attorney General may also provide for the health, safety, security and welfare of the immediate family of, or a person otherwise closely associated with, such witness or potential witness if the family or person may also be endangered on account of the participation of the witness in the judicial proceeding.

(1) The Attorney General shall issue guidelines defining the types of cases for which the exercise of the authority of the Attorney General as set forth in this subchapter would be appropriate.

(2) The State and its officers and employees shall not be subject to any civil liability on account of any decision to provide or not to provide services under this subchapter.

(b) In connection with the provision of services under this subchapter to a witness, a potential witness, or an immediate family member or close associate of a witness or potential witness, the Attorney General shall take such action as the Attorney General determines to be necessary to protect the person involved from bodily injury or otherwise to assure the health, safety, security and welfare of that person, including the psychological well-being and social adjustment of that person, for as long as, in the judgment of the Attorney General, the danger to that person exists. The Attorney General may provide some or all of the following services by regulation:

(1) Provide suitable documents to enable the person to establish a new identity or otherwise protect the person;

(2) Provide housing for the person;

(3) Provide for the transportation of household furniture and other personal property to a new residence of the person;

(4) Provide to the person a payment to meet basic living expenses, in a sum established in accordance with regulations issued by the Attorney General, for such time as the Attorney General determines to be warranted;

(5) Assist the person in obtaining employment;

(6) Provide other services necessary to assist the person in becoming self-sustaining;

(7) Disclose or refuse to disclose the identity or location of the person relocated or protected, or any other matter concerning the person or the program after weighing the danger such a disclosure would pose to the person, the detriment it would cause to the general effectiveness of the program, and the benefit it would afford to the public or to the person seeking the disclosure, except that the Attorney General shall, upon the request of law-enforcement officials or pursuant to a court order, without undue delay, disclose to such officials the identity, location, criminal records and fingerprints relating to the person relocated or protected when the Attorney General knows or the request indicates that the person is under investigation for or has been arrested for or charged with an offense that is punishable by more than one year in prison or that is a crime of violence;

(8) Exempt procurement for services, materials, and supplies, and the renovation and construction of safe sites within existing buildings from other provisions of law as may be required to maintain the security of protective witnesses and the integrity of the witness security program established pursuant to this subchapter;

(9) Authorize expenditures to provide to law-enforcement protection to ensure the safety and security of the person and/or the person's dwelling and/or the person's place of business; and

(10) Authorize other expenditures and/or provide other services reasonably intended to provide for the health, safety, security and welfare of the person.

The Attorney General shall establish an accurate, efficient and effective system of records concerning the criminal history of persons provided services under this subchapter in order to provide the information described in paragraph (b)(7) of this section.

(c) Deductions shall be made from any payment made to a person pursuant to paragraph (b)(4) of this section hereof to satisfy obligations of that person for family support payments pursuant to a state court order.

(d) Any person who, without the authorization of the Attorney General, knowingly discloses any information received from the Attorney General under paragraph (b)(7) of this section shall be fined $5,000 or imprisoned for 5 years, or both. The Superior Court shall have exclusive jurisdiction of any violation of this subsection.

(e)

(1) Before providing services to any person under this subchapter, the Attorney General shall, to the extent practicable, obtain information relating to the suitability of the person for inclusion in the program, including the criminal history, if any, and a psychological evaluation of, the person. A psychological evaluation shall only be required if the Attorney General intends to establish a new identity and/or a new permanent place of residence for the person. The Attorney General shall also make a written assessment in each case of the seriousness of the investigation or case in which the person's information or testimony has been or will be provided and the possible risk of danger to other persons and property which could be created by providing services to a person and shall determine whether the need for that person's testimony outweighs the risk of danger to the public. In assessing whether services should be provided to a person under this subchapter, the Attorney General shall consider the person's criminal record, alternatives to providing services under this subchapter, the possibility of securing similar testimony from other sources, the need for protecting the person, the relative importance of the person's testimony, the results of psychological examinations, whether providing such services will substantially infringe upon the relationship between a child who would be relocated in connection with such services and that child's parent who would not be so relocated, and such other factors as the Attorney General considers appropriate. The Attorney General shall not provide services to any person under this subchapter if the risk of danger to the public created by the provision of such services, including the potential harm to innocent victims, outweighs the need for that person's testimony. This subsection shall not be construed to authorize the disclosure of the written assessment made pursuant to this subsection.

(2) In addition to the requirements set forth in paragraph (e)(1) of this section, before providing services under this subchapter which are intended to establish a new identity and/or a new permanent place of residence for the person, the Attorney General shall secure a psychological evaluation of the person which shall assess the risk of danger to the public, including the potential harm to innocent victims, potentially created by the provision of such services.

(f) Before providing services to any person under this subchapter, the Attorney General shall enter into a memorandum of understanding with that person. Each such memorandum of understanding shall set forth the responsibilities of that person, including:

(1) The agreement of the person, if a witness or potential witness, to testify and provide information to all appropriate law-enforcement officials concerning all appropriate proceedings;

(2) The agreement of the person not to commit any crime;

(3) The agreement of the person to take all necessary steps to avoid detection by others of the facts concerning the services provided to that person under this subchapter;

(4) The agreement of the person to comply with legal obligations and civil judgments against that person;

(5) The agreement of the person to cooperate with all reasonable requests of officers and employees of the state and other law-enforcement officers who are providing services under this subchapter;

(6) The agreement of the person to designate another person to act as agent for the service of process;

(7) The agreement of the person to make a sworn statement of all outstanding legal obligations, including obligations concerning child custody and visitation;

(8) The agreement of the person to disclose any probation or parole responsibilities, and if the person is on probation or parole under the laws of another State, to consent to supervision by the State of Delaware; and

(9) The agreement of the person to regularly inform the appropriate program official of the activities and current address of such person. Each such memorandum of understanding shall also set forth the services which the Attorney General has determined will be provided to the person under this subchapter, and the procedures to be followed in the case of a breach of the memorandum of understanding, as such procedures are established by the Attorney General. Such procedures shall include a procedure for filing and resolution of grievances of persons provided services under this subchapter regarding the administration of the program. This procedure shall include the opportunity for resolution of a grievance by a person who was not involved in the case.

(g)

(1) The attorney General shall enter into a separate memorandum of understanding pursuant to this subsection with each person to whom services are provided under this subchapter who is 18 years of age or older. The memorandum of understanding shall be signed by the Attorney General and the person to whom services are provided.

(2) The Attorney General may delegate the responsibility initially to authorize services under this subchapter only to the Chief Deputy Attorney General or the State Prosecutor.

(h) If the Attorney General determines that harm to the person for whom services may be provided under this subchapter is imminent or that failure to provide immediate services would otherwise seriously jeopardize an ongoing investigation, the Attorney General may provide temporary services to such person under this subchapter before making the written assessment and determination required by subsection (e) of this section or entering into the memorandum of understanding required by subsection (f) of this section. In such a case the Attorney General shall make such assessment and determination and enter into such memorandum of understanding without undue delay after the services are initiated.

(i) The Attorney General may terminate the services provided under this subchapter to any person who substantially breaches the memorandum of understanding entered into between the Attorney General and that person pursuant to subsection (f) of this section, or who provides false information concerning the memorandum of understanding or the circumstances pursuant to which the person was provided services under this subchapter, including information with respect to the nature and circumstances concerning child custody and visitation. Before terminating such services, the Attorney General shall send notice to the person involved of the termination of the services provided under this subchapter and the reasons for the termination. The decision of the Attorney General to terminate such services shall not be subject to judicial review.

11 Del. C. § 9601

74 Del. Laws, c. 57, § 1; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 28, § 1.;