Delaware
| Code | Subject Matter |
| Ed code § 4111 | Disclosure of pupils' school records |
| Ed code § 4112 | Reporting school crimes |
| Ed code § 4112A | Office of School Criminal Offense Ombudsperson |
| Ed code § 4112B | Ombudsperson access |
| Ed code § 4112C | Good faith immunity |
| Ed code § 4131 | Notification of provisions pertaining to school crimes |
| Juvenile Code § 1063 | Delware Family Court: Proceedings; privacy, informality |
| Court Rule 62 | Family Court Criminal Procedure Rules: Records; privacy |
| Criminal Code § 4336 | Community notice of offenders on probation, parole, conditional release, or release from confinement |
TITLE 14. EDUCATION
PART I. FREE PUBLIC SCHOOLS
CHAPTER 41. GENERAL REGULATORY PROVISIONS
14 Del. C. § 4111 (2009)
§ 4111. Disclosure of pupils' school records
(a) Educational records of students in all public and private schools in this State are deemed to be confidential. Educational records may be released, and personally identifiable information contained therein disclosed, only in accordance with rules and regulations of the Department of Education. Such rules and regulations shall authorize the release of educational records upon written consent and shall establish the other terms and conditions on which educational records may and must be released.
(b) All public and private schools in this State shall allow parents to inspect and review the education records of their children who are, or have been, in attendance at the school. The right to inspect and review educational records shall be in accordance with rules and regulations of the Department of Education.
(c) No cause of action or claim for relief, civil or criminal, shall lie or damages be recoverable against any school officer or employee by reason of such officer's or employee's participation in the formulation of such records or any statements made or of judgments expressed therein concerning a student's academic performance, personal conduct, health, habits, school related activities or potential; nor by reason of the disclosure of the records or personally identifiable information from the records, nor lack of access thereto, in accordance with subsections (a) and (b) of this section.
TITLE 14. EDUCATION
PART I. FREE PUBLIC SCHOOLS
CHAPTER 41. GENERAL REGULATORY PROVISIONS
14 Del. C. § 4112 (2009)
§ 4112. Reporting school crimes
(a) Definitions. -- The following words, terms and phrases, when used in this section, shall have the meaning ascribed to them except where the context clearly indicates a different meaning:
(1) "Crime" includes a felony, misdemeanor or violation defined in the Delaware Code, as well as behavior by a person under 18 years of age which would be considered a felony, misdemeanor or violation if it had been committed by an adult.
(2) "Non-instructional designee" means a school employee whose primary job duty does not include teaching students.
(3) "Notification" means direct contact by telephone, in person, or by certified mail, unless otherwise designated.
(4) "Parent" includes natural parent, adoptive parent, or any person, agency, or institution that has temporary or permanent custody or guardianship over a student under 18 years of age.
(5) "Parent conference" includes a meeting by telephone or in person, unless otherwise designated.
(6) "Principal" means the building principal of any public school or charter school, or the building principal's designee.
(7) "School employee" includes all persons 18 years of age or older hired by a school district, attendance zone or charter school; subcontractors such as bus drivers or security guards; substitute employees; and persons hired by or subcontracted by other state agencies to work on school property.
(8) "School function" includes any field trip or any officially sponsored public or charter school event in the State.
(9) "School property" means any building, structure, athletic field, sports stadium or real property that is owned, operated, leased or rented by any public school district or charter school including, but not limited to, any kindergarten, elementary, secondary, or vocational-technical school or charter school, or any motor vehicle owned, operated, leased, rented or subcontracted by any public school or charter school.
(10) "School volunteer" means a person 18 years of age or older who, without compensation, renders service to a public or charter school. "School volunteer" includes parents who assist in school activities or chaperone school functions.
(11) "Superintendent" means the superintendent of any public school district or charter school, or the superintendent's designee.
(12) "Suspension" means either an external or an internal removal of a student from the general school population.
(13) "Violent felony" means a crime designated in § 4201(c) of Title 11.
(14) "Written report" includes printed paper filings and electronic filings that can be printed.
(b) Criminal violation; mandatory reports.
(1) Whenever a school employee has reliable information that would lead a reasonable person to believe that:
a. A student or a school volunteer has been the victim of:
1. A violent felony,
2. An Assault III, or
3. An Unlawful Sexual Contact
III,
as prohibited by Title 11, which occurred on school property or
at a school function;
b. A school employee has been the victim of:
1. A violent felony,
2. An Assault III,
3. An Unlawful Sexual Contact III,
4. An Offensive Touching, or
5. A Terroristic Threatening,
as prohibited by Title 11, which occurred on school property or
at a school function; or
c. A student has been the victim of:
1. A violent felony;
2. An assault in the third degree; or
3. Any sexual offense,
as defined in § 761(g) of Title 11,
as prohibited by Title 11, when the school employee has reliable
information that would lead a reasonable person to believe that the crime has
been committed by another school employee, regardless of whether the offense
occurred on school property or at a school function,
The school employee who has reliable information that would lead
a reasonable person to believe that a crime has been committed shall immediately
report the incident to the principal, who shall immediately make reasonable
efforts to notify the parents of any juvenile victim and shall immediately
report the incident to the appropriate police agency. The report shall be made
by telephone or in person immediately and shall be followed by a written report
within 3 business days.
If the police agency determines that probable cause exists to
believe that a crime has been committed, or if the principal later learns that
a suspect has been arrested for the offense, then the principal must file a
written report of the incident with the superintendent. Thereafter, the superintendent
shall, within 5 days, file a written report of the incident with the Department
of Education.
Under no circumstances shall any person who has supervisory authority
over the principal or any school board member exercise any control of, hinder
or delay the lodging of any oral or written report required to be made pursuant
to this subsection or the forwarding of such report to the Department of Education
or the police. A principal (or acting principal if the principal is absent)
may not delegate to or rely upon any other person except an assistant principal
to make the immediate report to the police. A person with supervisory authority
over the principal or any school board member who has knowledge of an incident
which is required to be reported under this section, and who has information
that would lead a reasonable person to believe that it has not been reported
to the police, has an affirmative duty to report the incident to the police
immediately. This includes, but is not limited to, incidents in which a school
employee is a possible suspect and when an administrative review is ongoing.
Nothing in this section shall preclude school officials from reporting
probable crimes that occur on school property or at a school function which
are not required to be reported under this section. Nothing in this section
shall abrogate the reporting requirements for child abuse or sexual abuse set
forth in § 906 et seq. of Title 16.
(2) Offenders under the age of 9. -- When a misdemeanor offense listed in this subsection has allegedly been committed by a child under the age of 9, the principal is not required to notify the appropriate police agency or to follow the provisions of subsection (d) of this section, but must file a written report of the incident with the superintendent, who shall file the written report with the Department of Education within 5 working days of receiving the report from the principal. The mandatory court filing requirements set forth in paragraph (b)(4) of this section do not apply when a misdemeanor offense has been committed by a child under the age of 9. When the alleged offense is a violent felony, the appropriate police agency must be notified of the incident even when the suspect is under the age of nine.
(3) Sexual harassment. -- Whenever a school employee has reliable information that would lead a reasonable person to believe that a student under the age of 18 has been the victim of sexual harassment, as defined in Title 11, which occurred on school property or at a school function, the harassment must be reported to the principal, who, immediately after conducting a thorough investigation to determine if good reason exists to believe that harassment has occurred, must notify the victim's parent of that determination if the parent is not alleged to be the offender. The principal is not required to notify the appropriate police agency or to follow the provisions of subsection (d) of this section, but must file a written report with the Department of Education.
(4) Mandatory filing of misdemeanor charge with a court when victim is a school employee. -- In any instance where probable cause exists to believe that a school employee has been the victim of a misdemeanor set forth in paragraph (b)(1)b. of this section and the offender has been identified, the superintendent, the superintendent's non-instructional designee, or a building-level administrator must, within 3 working days of receiving a police report, file the appropriate misdemeanor criminal charge or charges with a court of proper jurisdiction unless:
a. The police agency or the Attorney General's office recommends against filing a criminal charge or charges;
b. A criminal charge or charges have already been filed;
c. The police have agreed to file a criminal charge or charges; or
d. The offender is under the age of 9.
After making inquiries into the source of the complainant's information
and the grounds of the complainant's belief, the court of proper jurisdiction
shall have the authority to issue a warrant based on information and belief
when the complaint has been signed by a superintendent or by a superintendent's
non-instructional designee or by a building-level administrator pursuant to
this section.
(c) Student possession of weapons and unlawful drugs; mandatory complaints. -- Whenever a school employee has reliable information that would lead a reasonable person to believe that a person on school property or at a school function has on his or her person, concealed in that person's possessions, or placed elsewhere on school property:
(1) Any controlled substance prohibited by Title 16, or
(2) Any deadly weapon, destructive weapon, dangerous instrument
or incendiary or explosive device as prohibited by Title 11,
the school employee shall immediately report the incident to the
principal, who shall conduct a thorough investigation. If the investigation
verifies that good reason exists to believe that a crime has been committed,
the principal shall immediately notify the appropriate police agency of the
incident. If the police agency determines that probable cause exists to believe
that a crime has been committed, then the principal shall file a written report
of the incident with the superintendent. Thereafter, the superintendent shall
file a written report of the incident with the Department of Education within
5 working days.
(d) Suspensions.
(1) Whenever a police agency has determined that probable cause exists to believe that a student has committed a crime which must be reported to the police pursuant to this section, the student shall:
a. Be referred immediately to the internal or external alternative services of the district or school for intervention of an appropriate nature and duration prior to being returned to the general student body, and
b. Be given an immediate internal or external suspension by the district or school until a parent conference is held to review the student's educational placement.
(2) A student who is placed in an alternative program pursuant to this subsection, and who is determined by a superintendent to be in immediate need of a program to prevent seriously violent or habitual criminal behavior, shall be separated in the alternative program from students for whom such a determination has not been made. The superintendent's determination shall include a statement of the recommended degree of separation, keeping in mind the available resources.
(3) Before a student suspended under this subsection may be returned to the general student body, a parent of the suspended student is required to attend a parent conference with the superintendent to discuss the offense and to review the student's educational placement. A telephone conference shall be sufficient only if the superintendent so determines and so notifies the parent. If the parent does not attend the parent conference, a subpoena compelling the parent's attendance may be issued pursuant to § 4122 of this title.
(4) When a student who has been given an external suspension or who has been sent to an alternative program pursuant to this subsection returns to the general student body at a school where the victim is required to be present, the principal of the school must attempt to notify the adult victim or, if the victim is a juvenile, a parent of the juvenile victim.
(5) Nothing in this subsection shall preclude a school district from imposing a suspension or expulsion beyond the date of a parent conference where otherwise appropriate. Any change of placement of students with qualifying disabilities must comply with applicable federal laws.
(e) Penalties. -- Any school employee who fails to report an incident as required by subsection (b) or subsection (c) of this section shall be guilty of a violation and shall be fined not more than $ 250 for a 1st offense and not more than $ 500 for a subsequent offense. Any person with supervisory authority over the principal or any school board member who exercises any control of, hinders or delays the lodging of any report required to be made pursuant to this subsection or the forwarding of such report to the Department of Education or the police shall be guilty of a class B misdemeanor. Justices of the Peace Courts shall have jurisdiction over violations of this section.
(f) Immunity from civil liability; review of criminal complaint. -- (1) Any school employee who in good faith provides information to a police agency, a principal, a superintendent, or to the Department of Education under subsection (b) or subsection (c) of this section shall not be held civilly liable for providing such information.
(2) Prior to lodging any criminal charge against a school employee for providing information pursuant to subsection (b) or subsection (c) of this section to a police agency, a principal, a superintendent, or to the Department of Education, the Attorney General's office shall be consulted to determine the appropriateness of the charge.
(3) Any report of an actual or suspected crime made by a school employee or principal pursuant to subsection (b) of this section shall be exempt from public disclosure pursuant to the Freedom of Information Act as set forth in Chapter 100 of Title 29.
(g) Confidential list of young student offenders. -- Following the start of each school year, the Department of Education shall, upon request, provide to the principal of any school a list of the students enrolled in that school for the coming year who committed offenses during the previous year which were reported to the Department of Education pursuant to this section. The list shall remain confidential and shall be used by the principal only for the purpose of identifying students who may be in need of beneficial programs such as mentoring.
TITLE 14. EDUCATION
PART I. FREE PUBLIC SCHOOLS
CHAPTER 41. GENERAL REGULATORY PROVISIONS
14 Del. C. § 4112A (2009)
§ 4112A. Office of School Criminal Offense Ombudsperson
(a) There is hereby established within the State Department of Justice, the Office of School Criminal Offense Ombudsperson.
(b) The purpose of the Ombudsperson is to ensure the proper administration of the school criminal offense reporting law contained in § 4112 of this title.
(c) The Ombudsperson shall have the power to:
(1) Investigate and seek to resolve complaints made by and concerns of members of the public, school officials, and pupils regarding criminal offenses committed on school property;
(2) Investigate complaints regarding the alleged failure of school officials to report criminal offenses as required under § 4112 of this title;
(3) Establish policies and procedures for eliciting, receiving, investigating, verifying, and resolving complaints; and
(4) Perform such other acts as are necessary to carry out the purpose set forth in subsection (b) of this section.
TITLE 14. EDUCATION
PART I. FREE PUBLIC SCHOOLS
CHAPTER 41. GENERAL REGULATORY PROVISIONS
14 Del. C. § 4112B (2009)
(a) The Ombudsperson shall have access to any school record or pupil file which is relevant to the performance of the Ombudsperson's duties, including any record otherwise considered confidential under Delaware law.
(b) The Ombudsperson may initiate an investigation of any criminal offense committed on school property independent of the receipt of a specific complaint.
(c) The Ombudsperson shall protect the confidentiality of pupils' records and files as required under Delaware law.
(d) Notwithstanding any other provision of law, the Ombudsperson shall not disclose the identity of any complainant unless a court orders such disclosure or the complainant consents in writing to the disclosure of the complainant's identity.
TITLE 14. EDUCATION
PART I. FREE PUBLIC SCHOOLS
CHAPTER 41. GENERAL REGULATORY PROVISIONS
14 Del. C. § 4112C (2009)
Persons and agencies participating in an investigation of the Ombudsperson shall be immune from civil liability which may result from their good faith participation in such investigation.
§ 4131. Notification of provisions pertaining to school crimes
At the commencement of each school year, the school board of each school district shall ensure that each student enrolled in the district and the parent of each student shall receive notice of the following:
(1) The provisions of § 621 of title 11 which prohibit making a false statement which causes evacuation of a school or other place of assembly and the penalties for such an offense;
(2) The provisions of § 4110 of this title, which prohibit disturbing schools or destroying school property and the penalties for such offenses;
(3) The provisions of § 4112 of this title, which require
the reporting of school crimes.
As used in this section, "parent" means natural parent,
adoptive parent, any person legally charged with the care or custody of a student
under 18 years of age, or any person who has assumed responsibility for the
care of a student under 18 years of age.
TITLE 10. COURTS AND JUDICIAL PROCEDURE
PART I. ORGANIZATION, POWERS, JURISDICTION AND OPERATION OF COURTS
CHAPTER 9. THE FAMILY COURT OF THE STATE OF DELAWARE
SUBCHAPTER III. PROCEDURE
PART G. MISCELLANEOUS
10 Del. C. § 1063 (2009)
§ 1063. Proceedings; privacy, informality
(a) All proceedings before the Court and all records of such proceedings may be private except to the extent that the Court may consider publication in the public interest except as provided below in subsection (b); provided, however, that proceedings in a crime classified as a felony shall be open to the public. Proceedings may, within the Court's discretion, be informal, but shall be consistent with decorum and the law.
(b) All records concerning any child shall be made available to the Superior Court and the Department of Services for Children, Youth and Their Families, and whenever a child is arrested, convicted or acquitted for a crime classified by Title 11 as a felony, or a class A misdemeanor for juveniles ages 13 through 17, the Clerk of the Family Court, or any state or local police authority, shall release the name and address of the child and the name of the child's parents upon request by a responsible representative of public information media.
FAMILY COURT RULES OF CRIMINAL PROCEDURE
X. GENERAL PROVISIONS
Del. Fam. Ct. Crim. R. 62 (2009)
(a) Release of information. -- Without the permission of the Court, no complaint, petition, information, or other paper instituting an action and no paper ordered to be served shall be released for examination or publication by the Clerk or by the sheriff until a return showing service on all designated parties is made to the Clerk.
(b) Nonresident. -- If service is to be made on a nonresident, the material shall not be released, without the permission of the Court, until at least 10 days after any required mailing.
(c) Records of proceedings. -- Unless otherwise required by statute or rule, all records of proceedings before the Court shall be public. If sufficient reasons exist, the Court in its discretion may close records of proceedings.
(1) the Court and its staff; or
(2) the parties and their attorneys; or
(3) other courts and public agencies; or
(4) persons specifically approved by the Court because they have a legitimate interest in the records, subject in all events to such reasonable restrictions, conditions or limitations as the Court may impose.
(d) Examination of Court records. -- Examination of Court records is also governed by instructions to the Clerk from the Court from time to time.
TITLE 11. CRIMES AND CRIMINAL PROCEDURE
PART II. CRIMINAL PROCEDURE GENERALLY
CHAPTER 43. SENTENCING, PROBATION, PAROLE AND PARDONS
SUBCHAPTER III. PROBATION AND SENTENCING PROCEDURES
11 Del. C. § 4336 (2009)
§ 4336. Community notice of offenders on probation, parole, conditional release, or release from confinement
(a) Notwithstanding any other provision of law to the contrary, the Department of Corrections or the Department of Services to Children, Youth and Their Families (DSCYF) as the case may be, shall provide written notice to the Attorney General, to the chief law enforcement officer of the jurisdiction which made the original arrest, to the chief law enforcement officer where the prisoner intends to reside and to the Superintendent of State Police, of the release from incarceration of any person who has been convicted of:
(1) a. Any of the offenses specified in §§ 764 through 779 of Title 11;
b. Any of the offenses specified in §§ 1108 through 1111 of Title 11; or
c. Attempt to commit any of the foregoing offenses, or of the release of any juvenile adjudicated delinquent on the basis of an offense which, if committed by an adult, would constitute:
(2) a. Any of the offenses specified in §§ 764 through 779 of Title 11;
b. Any of the offenses specified in §§ 1108 through 1111 of Title 11; or
c. Attempt to commit any of the foregoing offenses.
(b) Notwithstanding any other provision of law to the contrary, the official in charge of any other institution where an inmate is confined because of the commission or attempt to commit any of the offenses specified subsection (a) of this section, or the official in charge of a state hospital to which a person is committed as a result of having been convicted or adjudged guilty but mentally ill or adjudged not guilty by reason of insanity of 1 of the offenses specified in subsection (a) of this section, shall provide written notice to the Attorney General, to the chief law enforcement officer of the jurisdiction which made the original arrest, to the chief law enforcement officer where the prisoner intends to reside and to the Superintendent of State Police of the release from such institution or state hospital of any such inmate or person.
(c) Any notice required pursuant to subsection (a) or subsection (b) of this section shall be given no more than 90 days, and no less than 45 days, prior to such person's release. The notice shall include, without limitation, the legal name, any alias or nicknames, age, sex, race, fingerprints, all known identifying factors, offense history, anticipated future residence and a photo of the released person supplied by the Department of Corrections or the DSCYF, as the case may be, and taken not more than 90 days prior to release. No person shall be released from incarceration or confinement unless and until the person cooperates with the appropriate authorities pursuant to this section.
(d) Notwithstanding any other provision of law to the contrary, the court, where a person convicted of any of the offenses specified in subsection (a) of this section is released by a state court on probation or discharged by a state court upon payment of a fine, shall provide written notice to the Attorney General, to the chief law enforcement officer of the jurisdiction which made the original arrest, to the chief law enforcement officer where the convicted person intends to reside and to the Superintendent of State Police of the release from such court.
(e) Any notice pursuant to subsection (d) of this section shall be given no more than 5 working days after the person's release. The notice shall include, without limitation, the following information as it is available to the court or notation as to the repository for said information: the legal name, any alias or nicknames, age, sex, race, fingerprints, all known identifying factors, offense history, anticipated future residence and a photo taken not more than 90 days prior to release.
(f) The Attorney General shall use any reasonable means to notify the victim of the anticipated release unless the victim has requested not to be notified.
(g) The Attorney General shall, within 10 days after receiving notification of a pending release pursuant to subsection (a) or subsection (b) of this section, or notification of release pursuant to subsection (d) of this section, assess the offender in accordance with the Registrant Risk Assessment Scale, the form of which and a manual for which are attached hereto as Exhibit A. The Attorney General shall notify the Delaware State Police and the chief law enforcement officer of the jurisdiction where the offender intends to reside as to the resulting score on the Registrant Risk Assessment Scale, and shall forward a copy of the completed Registrant Risk Assessment Scale to the Superintendent of the Delaware State Police and to the chief law enforcement officer of the jurisdiction where the registrant offender intends to reside.
(h) The chief law enforcement officer of the jurisdiction where the inmate intends to reside, or the Superintendent of State Police if no local agency exists, shall provide notification of the convicted sex offender's release in accordance with the following guidelines:
(1) Those persons receiving a "Low Risk" score on the Registrant Risk Assessment Scale shall be considered a Tier One offender. The release of Tier One offenders will require notification to all law enforcement agencies with jurisdiction over the area where the offender intends to reside.
(2) Those persons receiving a "Moderate Risk" score on the Registrant Risk Assessment Scale shall be considered a Tier Two offender. In addition to law enforcement notification, the release of a Tier Two offender shall require a Community Organization Alert pursuant to this paragraph. Such Community Organization Alert may include a photograph of the offender if deemed appropriate by the notifying agency. In order to be a community organization entitled to Tier Two notification, such organizations must register with the local law enforcement agency, or where the community has no local law enforcement agency, with the Superintendent of State Police. Organizations may only be included on the notification list if they operate an establishment where children gather under their care or where women are cared for. The State Board of Education shall provide all law enforcement agencies within the State a list of all educational institutions within the Board's administration. Every law enforcement agency shall automatically register each institution on the Board's list located within its jurisdiction. Notification will go to those organizations which, at any specific time, are likely to encounter the released offender. "Likely to encounter" for the purposes of this section means that the location of any organization is such that they are in close geographic proximity to a location where the released offender resides or visits or can be presumed to visit on a regular basis.
(3) Those persons receiving a "High Risk" score on the Registrant Risk Assessment Scale shall be considered a Tier Three offender. In addition to law enforcement notification and a Community Organization Alert, the release of a Tier Three offender shall require community notification pursuant to this paragraph. Community notification shall be conducted by door-to-door appearances or by mail or by other methods devised specifically to notify members of the public likely to encounter the offender. Community notification should be targeted to a defined community. Such community notification may include a photograph of the offender if deemed appropriate by the notifying agency.
(i) A complete register of all persons convicted after June 27, 1994, of any of the offenses specified in subsection (a) of this section, or of attempt to commit any of such offenses shall be created, maintained and routinely updated by the Delaware State Police for immediate accessibility by the Delaware Justice Information System (DelJIS) computer to all law enforcement agencies. Such register shall be accessible by the name of each offender or by county of residence of each offender. The register required by this subsection shall be established by the Delaware State Police no later than 6 months after June 21, 1996.
(j) All elected public officials, public employees and public agencies are immune from civil liability for any discretionary decision to release relevant information unless it is shown that the official, employee or agency acted with gross negligence or in bad faith. The immunity provided under this section applies to the release of relevant information to other employees or officials or to the general public.
(k) There shall be no civil legal remedies available as a cause of action against any public official, public employee or public agency for failing to release information as authorized in this section.
(l) In addition to those circumstances enumerated in this section, law enforcement agencies shall notify any member of the public of the release of a person described in subsection (a), subsection (b) or subsection (d) of this section where such released person may pose a particular threat or danger to a member of the public.
(m) The Court in which any person described in subsection (a) of this section is sentenced shall designate for the Department of Corrections or the DSCYF, as the case may be, at the time of sentencing that notice in accordance with this section shall be required.
(n) The Court in which any person described in subsection (b) of this section is sentenced shall designate for the official in charge of the institution of confinement or state hospital at the time of sentencing that notice in accordance with this section shall be required.
(o) The Court in which any person described in subsection (d) of this section is sentenced shall determine, at the time of sentencing, that notice in accordance with this section shall be required.
(p) The Department of Technology and Information shall provide public notification of the name of every person designated by the Attorney General as a Tier Three sex offender pursuant to paragraph (h)(3) of this section (including any known alias), the last verified address of the offender, the title of any sex offense for which the offender has been convicted and the date of conviction. Such information shall be searchable by the name of the sex offender and by geographic criteria, and shall be made available to the public by the Internet, and by printed copy that shall be available on request at any state or local police agency and all public libraries within the State. Such information shall be updated as often as practicable, but not less than every 3 months, and shall be maintained by the Superintendent of the Delaware State Police, as set forth in § 4120 of this title, and elsewhere in this section.
(q) This section shall apply with respect to persons convicted after June 21, 1996, but before March 1, 1999.