Notifications and investigations of reports involving alleged criminal conduct [For application of this section, see 85 Del. Laws, c. 461, § 12].
Del. Code tit. 16, § 5646
in effect(a) Whenever the Division receives a credible report involving conduct that a reasonable person would suspect is a crime, the Division shall immediately notify a law-enforcement agency with the appropriate jurisdiction and the Attorney General.
(b) After receiving a notification under subsection (a) of this section, a law-enforcement agency shall do 1 of the following:
(1) Investigate.
(2) Decline to investigate, notify the Division, and provide the reasons for the declination.
(3) Decline to investigate, refer the notification to the Delaware State Police, and notify the Division.
(c) After receiving a notification under subsection (a) or subsection (b) of this section, the Delaware State Police shall do 1 of the following:
(1) Investigate.
(2) Decline to investigate, notify the Division, and provide the reasons for the declination.
(d) After concluding an investigation under this section, the law-enforcement agency or State Police shall provide the Division and the Attorney General with a written report summarizing the investigation.
(e) If the Attorney General initiates a criminal prosecution based on a report made under this subchapter or as a result of an investigation under this section, the Attorney General shall keep the Division informed of the major decisions related to the prosecution and the status of the case.
(f) The Division may defer deciding under § 5645 of this title until after the Division receives appropriate guidance from the Attorney General.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title16/c056/sc05/index.htmlFetched: 10/4/2026