11 Del. C. § 8701A: Definitions.

For purposes of this chapter:

(1) “Correctional facility” means a facility operated for correctional purposes by the Department of Correction or the Department of Services for Children, Youth and Their Families or a facility operated for correctional purposes by a person contracted by the Department of Correction or the Department of Services for Children, Youth and Their Families.

(2) “Criminal Justice Council” means the public body created under Chapter 87 of this title.

(3) a. “Individual in custody” means an individual contacted by a law-enforcement officer while the individual is going about the individual’s business and who does not have the freedom to leave that encounter, regardless of whether the law-enforcement officer formally detains the individual.

b. “Individual in custody” includes an individual to whom any of the following apply:

1. The individual is being pursued by a law-enforcement officer.

2. The individual is stopped or detained by a law-enforcement officer.

3. The individual is in the process of being arrested by a law-enforcement officer.

4. The individual is placed under arrest by a law-enforcement officer.

5. While under arrest, the individual is in the secured custody of a law-enforcement officer.

6. While incarcerated, the individual is transported to or from any other location in the secured custody of a law-enforcement officer.

7. The individual is incarcerated at a correctional facility.

(4) a. “Law-enforcement agency” means a governmental entity authorized to enforce criminal laws or investigate suspected criminal activity.

b. “Law-enforcement agency” includes the Department of Correction and the Division of Youth Rehabilitative Services of the Department of Services for Children, Youth and Their Families.

c. “Law-enforcement agency” does not include a law-enforcement officer.

(5) “Law-enforcement officer” means either of the following:

a. An individual employed by a law-enforcement agency whose responsibilities include enforcing criminal laws or investigating suspected criminal activity.

b. An individual acting at the request or direction of an individual described in paragraph (5)a. of this section.

(6) “Statistical Analysis Center” means the state agency created under Chapter 89 of this title.