CHAPTER 21. Release of Persons Accused of Crimes

§ 2101 Purposes of this chapter [Effective until Feb. 1, 2027]. It is the purpose of this chapter to reform the system governing the release of defendants pending a final determination of guilt of such persons. The various courts of this State are empowered and encouraged to make individualized decisions about terms and conditions of pretrial release. Each court shall utilize a system of pretrial release imposing reasonable nonmonetary conditions of release when those conditions adequately provide a reasonable assurance of the appearance of the defendant at court proceedings, the protection of the community, victims, witnesses and any other person, and to maintain the integrity of the judicial process. 11 Del. C. 1953, §  2101; 56 Del. Laws, c. 231, §  1 ; 81 Del. Laws, c. 200, § 1 ; § 2101 Purposes of this chapter [Effective Feb. 1, 2027]. It is the purpose of this chapter to reform the system governing the release of defendants pending a final determination of guilt of such persons. The various courts of this State shall make individualized decisions about terms and conditions of pretrial release or the need for preventive detention. Each court shall utilize a system of pretrial release aimed at imposing the least restrictive conditions of release so as to account for each defendant’s fundamental right to pretrial liberty while also reasonably assuring the appearance of the defendant at court proceedings, reasonably assuring the protection of the community, victims, witnesses, and any other person, and reasonably maintaining the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice. 11 Del. C. 1953, §  2101; 56 Del. Laws, c. 231, §  1 ; 81 Del. Laws, c. 200, § 1 ; 84 Del. Laws, c. 473, § 1 ; 85 Del. Laws, c. 61, § 1 ; 85 Del. Laws, c. 62, § 106 ; 85 Del. Laws, c. 324, § 49 ; § 2102 Definitions [Effective until Feb. 1, 2027]. For purposes of this chapter the following definitions shall apply: (1) “Attorney General” includes any Deputy Attorney General or any other prosecutor of the State, county or municipality. (2) “Bail” means the pretrial release of a defendant from custody upon the terms and conditions specified by an order of the court with jurisdiction. Bail may be any of the following: a. A conditions of release bond. b. A conditions of release bond not guaranteed by financial terms. c. A conditions of release bond guaranteed by financial terms. d. A conditions of release bond guaranteed by financial terms secured by cash only. (3) “Bailable offense” is any offense not punishable by death. (4) “Capital crime” means any crime for which the punishment shall be death. (5) “Conditions of release bond” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute. (6) “Conditions of release bond guaranteed by financial terms” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute guaranteed by a surety, property, cash or other assets. (7) “Conditions of release bond guaranteed by financial terms secured by cash” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute guaranteed by cash only. (8) “Conditions of release bond not guaranteed by financial terms” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute, whereupon failure to appear or comply with conditions, the defendant may be liable for the amount of the bond, but the bond is not guaranteed by any surety or specific pledge of property or other assets. (9) “Court” means Superior Court, Court of Common Pleas, Family Court, and Justice of the Peace Court. (10) “Crime” means any offense which is punishable by a fine or imprisonment. (11) “Pretrial success” means a defendant’s compliance with orders to appear in court as directed and not commit any new criminal offense between the initial arrest and adjudication of the pending criminal charges. (12) “Record finding” is a memorandum, notation, opinion, order or other writing in the file of the case of the accused reflecting the decision made by the court. (13) “Violent felonies” or “violent felony” shall consist of all felonies designated as violent felonies in § 4201(c) of this title. 11 Del. C. 1953, §  2102; 56 Del. Laws, c. 231, §  1 ; 66 Del. Laws, c. 300, §  3 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 176, §  14 ; 79 Del. Laws, c. 36, §  1 ; 81 Del. Laws, c. 200, § 1 ; § 2102 Definitions [Effective Feb. 1, 2027]. For purposes of this chapter: (1) “Attorney General” includes any Deputy Attorney General or any other prosecutor of the State, county or municipality. (2) “Bail” means the pretrial release of a defendant from custody upon the terms and conditions specified by an order of the court with jurisdiction. Bail may be any of the following: a. A conditions of release bond. b. A conditions of release bond not guaranteed by financial terms. c. A conditions of release bond guaranteed by financial terms. d. A conditions of release bond guaranteed by financial terms secured by cash only. (3) “Capital crime” means any crime for which the punishment shall be death. (4) “Conditions of release bond” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute. (5) “Conditions of release bond guaranteed by financial terms” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute guaranteed by a surety, property, cash or other assets. (6) “Conditions of release bond guaranteed by financial terms secured by cash” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute guaranteed by cash only. (7) “Conditions of release bond not guaranteed by financial terms” means a commitment by the defendant promising appearance in court and compliance with all conditions ordered by the court and mandated by statute, whereupon failure to appear or comply with conditions, the defendant may be liable for the amount of the bond, but the bond is not guaranteed by any surety or specific pledge of property or other assets. (8) “Court” means any of the following, as the context requires: the Superior Court, Court of Common Pleas, Family Court, Justice of the Peace Court, and alderman’s court. (9) “Crime” means any offense which is punishable by a fine or imprisonment. (10) “Detention-eligible defendant” means any person charged with an offense under § 2116(b) of this title for which an order of preventive detention may be entered. (11) “Pretrial success” means a defendant’s compliance with orders to appear in court as directed and not commit any new criminal offense between the initial arrest and adjudication of the pending criminal charges. (12) “Record finding” is a memorandum, notation, opinion, order or other writing in the file of the case of the accused reflecting the decision made by the court. (13) “Violent felonies” or “violent felony” shall consist of all felonies designated as violent felonies in § 4201(c) of this title. 11 Del. C. 1953, §  2102; 56 Del. Laws, c. 231, §  1 ; 66 Del. Laws, c. 300, §  3 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 176, §  14 ; 79 Del. Laws, c. 36, §  1 ; 81 Del. Laws, c. 200, § 1 ; 84 Del. Laws, c. 473, § 2 ; 85 Del. Laws, c. 61, § 1 ; 85 Del. Laws, c. 62, § 106 ; 85 Del. Laws, c. 324, § 49 ; § 2103 Persons charged with a capital crime [Effective until Feb. 1, 2027]. (a) A capital crime shall not be bailable, and a person so charged shall be held in custody without bail until the charge be withdrawn, reduced or dismissed or until the court shall otherwise order after a trial which results in less than a conviction of a capital crime or except as provided in subsection (b) of this section. (b) The Superior Court may admit to bail a person charged with a capital crime if, after full inquiry, the Superior Court shall determine that there is good ground to doubt the truth of the accusation, and the burden of demonstrating such doubt shall be on the accused. 11 Del. C. 1953, §  2103; 56 Del. Laws, c. 231, §  1 ; § 2103 Persons charged with a capital crime [Effective Feb. 1, 2027]. (a) A capital crime shall not be bailable, and a person so charged shall be held in custody without bail until the charge be withdrawn, reduced or dismissed or until the court shall otherwise order after a trial which results in less than a conviction of a capital crime or except as provided in subsection (b) of this section. (b) The Superior Court shall admit to bail a person charged with a capital crime unless, after full inquiry, the Superior Court determines that the proof is positive or the presumption great. 11 Del. C. 1953, §  2103; 56 Del. Laws, c. 231, §  1 ; 84 Del. Laws, c. 473, § 3 ; 85 Del. Laws, c. 61, § 1 ; 85 Del. Laws, c. 62, § 106 ; 85 Del. Laws, c. 324, § 49 ; § 2103A Detention of youth charged with Superior Court offenses [Repealed]. 69 Del. Laws, c. 354, §  1 ; 70 Del. Laws, c. 186, §  1 ; 70 Del. Laws, c. 597, §  2 ; 71 Del. Laws, c. 5, §  1 ; 72 Del. Laws, c. 149, §  1 ; repealed by 81 Del. Laws, c. 307, § 1, effective July 11, 2018. ; § 2104 Release of defendants charged with any other crime [Effective until Feb. 1, 2027]. (a) Any person who is arrested and charged with any crime other than a capital crime shall be released upon execution of 1 of the following: (1) A conditions of release bond. (2) A conditions of release bond not guaranteed by financial terms in an amount specified by the court. (3) A conditions of release bond guaranteed by financial terms, the amount of the bond and the nature of the surety to be determined by the court. (4) A conditions of release bond guaranteed by financial terms secured by cash only, the amount of the bond to be determined by the court. (b) The court shall impose the following conditions of release for any defendant released on bail: (1) Require the defendant to return to the court at any time upon notice and submit to the orders and processes of the court. (2) Prohibit the defendant from committing any criminal offense. (c) The court may also impose 1 or more of the conditions of release set forth in § 2108 of this title when such conditions are necessary to provide a reasonable assurance of the appearance of the defendant at court proceedings, the protection of the community, victims, witnesses, or any other person, and to maintain the integrity of the judicial process. (d) The court shall memorialize pretrial release decisions by written order specifying conditions of release and informing the defendant of the possible consequences for violating the conditions of release. (e) (1) The determination of whether the defendant shall be released under paragraph (a)(1), (a)(2), (a)(3), or (a)(4) of this section and the conditions (other than the mandatory conditions in paragraph (b) of this section above) of the release shall be in the discretion of the court subject to this chapter. When making a release determination, or imposing conditions set forth in § 2108 of this title, the court shall use an empirically developed risk assessment instrument, if available, designed to improve pretrial release decisions by assessing defendant’s likelihood of pretrial success. In circumstances involving suspected domestic or intimate partner violence, the judicial officer shall also consider the results, if available, of an instrument designed to assess the likelihood or predicted severity of future violence against the alleged victim. Any such risk assessment tools are not binding on the court. They are factors to be considered in the totality of the circumstances in determining the conditions of release imposed upon the defendant. The judicial officer may consider any other facts and circumstances regarding a defendant’s likelihood of pretrial success and the protection of the victim, witnesses, and any other person. (2) The Statistical Analysis Center shall provide the court with a report of rates of re-arrest and failure to appear as required by defendants released by the court. (f) Any defendant released from custody pursuant to this chapter who later: (1) Tenders to the Superior Court a plea of guilty or nolo contendere to any felony for which a mandatory, minimum, minimum mandatory or mandatory minimum period of incarceration is required; or (2) Is convicted upon a verdict of guilty of any felony for which a mandatory, minimum, minimum mandatory or mandatory minimum period of incarceration is required, shall immediately be remanded to the custody of the Department of Correction, and shall be incarcerated until the sentence for that felony is imposed. The provisions of this subsection shall not apply to pleas or convictions for any felony set forth in Title 21. 11 Del. C. 1953, §  2104; 56 Del. Laws, c. 231, §  1 ; 66 Del. Laws, c. 300, §  4 ; 69 Del. Laws, c. 252, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 98, §§  2-4 ; 78 Del. Laws, c. 392, §  1 ; 79 Del. Laws, c. 36, §  1 ; 79 Del. Laws, c. 244, §  2 ; 81 Del. Laws, c. 200, § 1 ; § 2104 Release of defendants charged with a noncapital crime [Effective Feb. 1, 2027]. (a) Any person who is arrested and charged with any crime other than a capital crime shall be released upon execution of 1 of the following: (1) A conditions of release bond. (2) A conditions of release bond not guaranteed by financial terms in an amount specified by the court. (3) A conditions of release bond guaranteed by financial terms, the amount of the bond and the nature of the surety to be determined by the court. (4) A conditions of release bond guaranteed by financial terms secured by cash only, the amount of the bond to be determined by the court. (b) The court shall impose the following conditions of release for any defendant released on bail: (1) Require the defendant to return to the court at any time upon notice and submit to the orders and processes of the court. (2) Prohibit the defendant from committing any criminal offense. (c) The court may impose 1 or more of the conditions of release under § 2108 of this title when the conditions are necessary to do any of the following: (1) Reasonably assure the appearance of the defendant at court proceedings. (2) Reasonably assure the protection of the community, victims, witnesses, or any other person. (3) Reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice. (d) The court shall memorialize pretrial release decisions by written order specifying conditions of release and informing the defendant of the possible consequences for violating the conditions of release. (e) (1) Subject to this chapter, the determination of whether the defendant is to be released under paragraph (a)(1), (a)(2), (a)(3), or (a)(4) of this section and the conditions of the defendant’s release, other than the mandatory conditions under subsection (b) of this section, are in the discretion of the court. a. When making a release determination, or imposing conditions set forth in § 2108 of this title, the court shall use, if available, an empirically developed risk assessment instrument designed to improve pretrial release decisions by assessing defendant’s likelihood of pretrial success. b. In circumstances involving suspected domestic or intimate partner violence, the court shall also consider the results of an instrument designed to assess the likelihood or predicted severity of future violence against the alleged victim, if available. c. The risk assessment tools under paragraphs (e)(1)a. and (e)(1)b. of this section are not binding on the court. The risk assessment tools are factors to be considered in the totality of the circumstances in determining the conditions of release imposed upon the defendant. d. The court may consider any other facts and circumstances regarding a defendant’s likelihood of pretrial success and the protection of the victim, witnesses, and any other person. (2) [Repealed.] (f) (1) Any defendant released from custody under this chapter to whom any of the following applies must immediately be remanded to the custody of the Department of Correction, and must be incarcerated until the sentence for that felony is imposed: a. Has tendered to the Superior Court a plea of guilty or nolo contendere to any felony for which a mandatory, minimum, minimum mandatory or mandatory minimum period of incarceration is required. b. Is convicted upon a verdict of guilty of any felony for which a mandatory, minimum, minimum mandatory or mandatory minimum period of incarceration is required. (2) This subsection does not apply to pleas or convictions for any felony set forth in Title 21. 11 Del. C. 1953, §  2104; 56 Del. Laws, c. 231, §  1 ; 66 Del. Laws, c. 300, §  4 ; 69 Del. Laws, c. 252, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 98, §§  2-4 ; 78 Del. Laws, c. 392, §  1 ; 79 Del. Laws, c. 36, §  1 ; 79 Del. Laws, c. 244, §  2 ; 81 Del. Laws, c. 200, § 1 ; 84 Del. Laws, c. 473, § 4 ; 85 Del. Laws, c. 61, § 1 ; 85 Del. Laws, c. 62, § 106 ; 85 Del. Laws, c. 324, § 49 ; § 2105 Release pursuant to a conditions of release bond or conditions of release bond not guaranteed by financial terms [Effective until Feb. 1, 2027]. (a) The court shall release a defendant accused of a bailable crime on a conditions of release bond or a conditions of release bond not guaranteed by financial terms in an amount to be determined by the court when the court is satisfied from all the circumstances and the criteria set forth in subsection (b) of this section that it is reasonably likely that the defendant will appear as required before or after conviction of the crime charged and that there is no substantial risk to the safety of the community in permitting such unsecured release. (b) In determining whether the defendant is likely to appear as required and that there will be no substantial risk to the safety of the community the court shall, on the basis of available information, take into consideration the nature and circumstances of the crime charged, whether a firearm or projectile weapon was used or possessed, the possibility of statutory mandatory imprisonment, whether the crime was committed against a victim with intent to hinder prosecution, the family ties of the defendant, the defendant’s employment, financial resources, character and mental condition, the length of residence in the community, record of convictions, habitual offender eligibility, custody status at time of offense, history of amenability to lesser sanctions, history of breach of release, record of appearances at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings. (c) If the court has determined that the defendant shall not be released in accordance with this section, it shall make a record finding of the reason or reasons for such action and shall permit the release of the defendant upon the furnishing of surety satisfactory to the court in an amount to be determined by the court. 11 Del. C. 1953, §§  2105, 2106; 56 Del. Laws, c. 231, §  1 ; 63 Del. Laws, c. 215, §  1 ; 70 Del. Laws, c. 186, §  1 ; 79 Del. Laws, c. 36, §  1 ; 81 Del. Laws, c. 200, § 1 ; 84 Del. Laws, c. 525, § 22 ; 85 Del. Laws, c. 68, § 17 ; § 2105 Release under a conditions of release bond or conditions of release bond not guaranteed by financial terms [Effective Feb. 1, 2027]. (a) Consistent with § 2101 of this title, the court shall impose the least restrictive conditions of release possible that reasonably assure the defendant’s appearance at court proceedings; reasonably assure the protection of the community, victims, witnesses, or any other person; and reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice. Subject to paragraphs (a)(1) through (a)(5) of this section and § 2116 of this title, there is a presumption in favor of release with nonmonetary conditions. The court shall consider conditions of release as follows: (1) A court shall release a defendant on a conditions of release bond, or on the execution of a conditions of release bond not guaranteed by financial terms, if the release will reasonably assure the defendant’s appearance at court proceedings; reasonably assure the protection of the community, victims, witnesses, or any other person; and reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice. (2) If the court finds that greater nonmonetary restrictions are required to reasonably assure the defendant’s appearance at court proceedings; reasonably assure the protection of the community, victims, witnesses, or any other person; and reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice, the court shall order the pretrial release of the defendant, but subject to appropriate additional nonmonetary conditions of release listed under § 2108 of this title. (3) If the court finds that nonmonetary restrictions are not sufficient to reasonably assure the defendant’s appearance at court proceedings, the court may order the pretrial release of the defendant but may include a conditions of release bond guaranteed by financial terms or a conditions of release bond guaranteed by financial terms secured by cash. When conditions of release secured by financial terms are imposed, the court shall set the lowest amount the court deems reasonably necessary. In determining whether to impose financial conditions of release and the amount, if any, the court shall consider the defendant’s financial resources and ability to pay. (4) The primary purpose of the use of monetary bail is to secure a defendant’s appearance in court. In determining whether the defendant is likely to appear as required, the court shall, on the basis of available information, consider all of the following: a. The nature and circumstances of the offense with which the defendant is charged. b. The defendant’s possibility of statutory mandatory imprisonment or habitual criminal offender eligibility. c. The defendant’s family ties. d. The defendant’s employment or enrollment in educational studies. e. The defendant’s character, physical and mental condition, including engagement in medical, mental health, or substance abuse treatment, and the effect detention would have on any current treatment. f. The defendant’s length of residence in the community. g. The defendant’s custody status at the time of the offense. h. The defendant’s history of amenability to community supervision. i. The defendant’s history of breach of release. j. The defendant’s record of appearances at court proceedings, flight to avoid prosecution, and failure to appear at court proceedings. (5) A court may impose monetary bail when necessary to reasonably assure the protection of the community, victims, witnesses, or any other person and to reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice, only in exceptional circumstances set forth on the record that indicate that the defendant is not otherwise eligible for preventive detention but presents a substantial public safety risk that requires addressing by other means. In determining whether the defendant’s release presents a substantial risk to the safety of the community, the court shall, to the extent the information is available, consider all of the following: a. The nature and circumstances of the offense with which the defendant is charged. b. Whether a weapon was used or possessed. c. Whether the offense was committed against a victim with the intent to hinder prosecution. d. The defendant’s character, physical and mental condition, including engagement in medical, mental health, or substance abuse treatment, and the effect detention would have on any current treatment. e. The defendant’s record of convictions. f. The defendant’s possibility of statutory mandatory imprisonment or habitual criminal offender eligibility. g. The defendant’s custody status at the time of the offense. (6) If a court imposes monetary bail for any reason, the court shall set forth on the record: a. The monetary amounts set. b. The reason for the use of monetary bail. c. Any consideration the court gave to the defendant’s means to meet the monetary condition. d. The reasons that no condition or combination of nonmonetary conditions of release would reasonably assure the defendant’s appearance at court proceedings, reasonably assure the protection of the community, victims, witnesses, or any other person, and reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice. (7) A defendant who cannot post monetary bail is eligible for review of the defendant’s conditions of release under § 2110(a) of this title. (b) In a pretrial release order, the court shall include a written statement that does all of the following: (1) Sets forth all of the conditions to which the release is subject in a manner sufficiently clear and specific to serve as a guide for the defendant’s conduct. (2) Advises the defendant of the potential consequences of violating a condition of release, including the possible issuance of a warrant for the defendant’s arrest and any applicable criminal penalties. (3) Advises the defendant that the defendant would be eligible for temporary preventive detention pending a pretrial hearing if the defendant is arrested while pending trial on the current offense. (c) An order setting conditions of release is reviewable in accordance with the rules of the court then exercising jurisdiction in the matter. 11 Del. C. 1953, §§  2105, 2106; 56 Del. Laws, c. 231, §  1 ; 63 Del. Laws, c. 215, §  1 ; 70 Del. Laws, c. 186, §  1 ; 79 Del. Laws, c. 36, §  1 ; 81 Del. Laws, c. 200, § 1 ; 84 Del. Laws, c. 525, § 22 ; 85 Del. Laws, c. 68, § 17 ; 84 Del. Laws, c. 473, § 5 ; 85 Del. Laws, c. 61, § 1 ; 85 Del. Laws, c. 62, § 106 ; 85 Del. Laws, c. 324, § 49 ; § 2106 Posting of operator’s license as security for court appearance [Repealed]. 63 Del. Laws, c. 215, §  2 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 110, §  4 ; repealed by 79 Del. Laws, c. 36, § 1, eff. June 4, 2013. ; § 2107 Determining the amount of bail [Effective until Feb. 1, 2027]. (a) In determining the amount of bail to be required to be posted as surety under § 2105 of this title or to be required for a conditions of release bond not guaranteed by financial terms, the court shall not require oppressive bail but shall require such bail as reasonably will assure the reappearance of the defendant, compliance with the conditions set forth in the bond, and the safety of the community. In fixing the amount, the court shall also take into consideration the criteria set forth in § 2105(b) of this title. (b) In any event, if a defendant is charged with an offense punishable by fine only, the amount of the bail shall not exceed double the amount of the maximum fine for each charge. When a defendant has been convicted of an offense and only a fine has been imposed as the sentence of the court, the amount of bail shall not exceed double the amount of the fine. (c) Notwithstanding any provision of this title to the contrary, for a defendant charged with committing: (1) Any Title 11 class A felony. (2) Abuse of a pregnant female in the first degree, in violation of § 606 of this title. (3) Strangulation, in violation of § 607 of this title. (4) Assault in the second degree, in violation of § 612 of this title. (5) Assault in the first degree, in violation of § 613 of this title. (6) Manslaughter, in violation of § 632 of this title. (7) Murder of a child by abuse or neglect in the second degree, in violation of § 633 of this title. (8) Rape in the fourth degree, in violation of § 770(a)(1) or (a)(3) of this title. (9) Rape in the third degree, in violation of § 771 of this title. (10) Rape in the second degree, in violation of § 772 of this title. (11) Continuous sexual abuse of a child, in violation of § 776 of this title. (12) Sex offender unlawful sexual conduct against a child, in violation of § 777A of this title. (13) Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree, in violation of § 778 of this title. (14) Kidnapping in the first degree, in violation of § 783A of this title. (15) Trafficking an individual; forced labor; sexual servitude, in violation of § 787(b)(1)-(3) of this title. (16) Sexual servitude (victim is a minor), in violation of § 787(b)(3) of this title. (17) Arson in the first degree, in violation of § 803 of this title. (18) Burglary first degree, in violation of § 826 of this title. (19) Robbery in the first degree, in violation of § 832 of this title. (20) Child abuse in the second degree, in violation of § 1103B of this title. (21) Child torture, in violation of § 1103D of this title. (22) Sexual exploitation of a child, in violation of § 1108 of this title. (23) Unlawful dealing in child sexual abuse material, in violation of § 1109 of this title. (24) Sexual solicitation of a child, in violation of § 1112A(h) of this title. (25) Promoting sexual solicitation of a child, in violation of § 1112B(g) of this title. (26) Escape after conviction in violation of § 1253 of this title. (27) Stalking, in violation of § 1312 of this title. (28) Possession of a deadly weapon during commission of a felony, in violation of § 1447 of this title. (29) Possession of a firearm or projectile weapon during commission of a felony, in violation of § 1447A of this title. (30) Possession of a firearm or projectile weapon by persons prohibited, in violation of § 1448(a)(1), (a)(4), (a)(6), or (a)(7) of this title. (31) Racketeering, in violation of § 1503 of this title. (32) Aggravated act of intimidation, in violation of § 3533 of this title. (33) Any violent felony as defined by § 4201(c) of this title, allegedly committed while defendant is pending adjudication on a previously charged violent felony. (34) Any violent felony as defined by § 4201(c) of this title, allegedly committed against a petitioner with an active protection from abuse order against the defendant. (35) Any violent felony as defined by § 4201(c) of this title, allegedly committed against a victim while the defendant is pending adjudication on a previously charged domestic violence offense as defined by § 1041(2) of Title 10, allegedly committed against the same victim. (36) Any domestic violence offense as defined by § 1041(2) of Title 10, allegedly committed while defendant is pending adjudication on a previously charged violent felony as defined by § 4201(c) of this title, allegedly committed against the same victim. (37) Felony noncompliance with bond, in violation of § 2109(c)(1) or 2113(c)(1) of this title and involving a violent felony offense as defined by § 4201(c) of this title. (38) Felony domestic violence offenses as defined by § 1041(2) of Title 10 and causing physical injury as defined by § 222 of this title or serious physical injury as defined by § 222 of this title. (39) Drug dealing (Tier 3), in violation of § 4752 of Title 16. the presumption is that the court will set conditions of release bond guaranteed by financial terms in an amount within or above the guidelines published by the Delaware Sentencing Accountability Commission (SENTAC) [repealed] for that offense and secured by cash only. (d) In any case where a court sets bail pursuant to the presumption within subsection (c) of this section, a court of competent jurisdiction may, consistent with Chapter 21 of this title and court rules, review bail to consider whether bail in a different amount or with a different security is appropriate to reasonably ensure the reappearance of the defendant, compliance with the conditions set forth in the bond, and the safety of the community. The court may modify the defendant’s bail in accordance with its findings and determinations at the hearing. (e) The court shall document the reason(s) for setting bail at a particular amount and level, whether cash, secured, or unsecured, or for modifying bail under subsection (d) of this section. (f) In any case where a court sets bail for an offense listed in subsection (c) of this section, the court shall require the defendant to relinquish any firearms or projectile weapons in the defendant’s possession. (g) In addition to the information required in the annual report established in § 2114(i) of this title, the Criminal Justice Council shall include information of the following in the aggregate and disaggregated by race, gender, and zip code of: (1) Rates of defendants’ eligibility under subsection (c) of this section. (2) Rates of initial detention. (3) Rates of detention throughout the pretrial period. (4) Average length of stay from arrest to adjudication. 11 Del. C. 1953, §  2107; 56 Del. Laws, c. 231, §  1 ; 79 Del. Laws, c. 36, §  1 ; 81 Del. Laws, c. 200, § 1 ; 83 Del. Laws, c. 72, § 1 ; 84 Del. Laws, c. 126, § 8 ; 84 Del. Laws, c. 215, § 1 ; 84 Del. Laws, c. 525, §§ 23, 24 ; 85 Del. Laws, c. 68, § 18 ; 85 Del. Laws, c. 294, § 5 ; 85 Del. Laws, c. 367, § 1 ; § 2107 Determining the amount of bail [Effective Feb. 1, 2027]. (a) In determining the amount of bail to be required to be posted as surety under § 2105 of this title or to be required for a conditions of release bond not guaranteed by financial terms, the court may not require oppressive bail but shall require such bail as will reasonably assure the defendant’s appearance at court proceedings; reasonably assure the protection of the community, victims, witnesses, or any other person; and reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice. In determining the conditions of bail, the court shall take into consideration the criteria set forth in § 2105(a) of this title. (b) Notwithstanding subsection (a) of this section, if a defendant is charged with an offense punishable by fine only, the amount of the bail may not exceed double the amount of the maximum fine for each charge. (c) Notwithstanding any provision of this title to the contrary, a defendant charged with committing any offense listed in § 2116(b) of this title may be subject to preventive detention without bail. (d) If a court enters an order of preventive detention or the defendant is otherwise detained on bail, a court of competent jurisdiction may, consistent with this chapter and court rules, review the preventive detention order or bail to consider whether conditions of release order or bail in a different amount or with a different security is appropriate to reasonably assure the reappearance of the defendant, compliance with the conditions set forth in the bond, and the safety of the community. The court may modify the defendant’s preventive detention order or bail in accordance with its findings and determinations at the hearing. (e) The court shall document the reason for ordering preventive detention or setting bail at a particular amount and level, whether cash, secured, or unsecured, or for modifying a preventive detention order or bail under subsection (d) of this section. (f), (g) [Repealed.] 11 Del. C. 1953, §  2107; 56 Del. Laws, c. 231, §  1 ; 79 Del. Laws, c. 36, §  1 ; 81 Del. Laws, c. 200, § 1 ; 83 Del. Laws, c. 72, § 1 ; 84 Del. Laws, c. 126, § 8 ; 84 Del. Laws, c. 215, § 1 ; 84 Del. Laws, c. 525, §§ 23, 24 ; 85 Del. Laws, c. 68, § 18 ; 85 Del. Laws, c. 294, § 5 ; 85 Del. Laws, c. 367, § 1 ; 84 Del. Laws, c. 473, § 6 ; 85 Del. Laws, c. 61, § 1 ; 85 Del. Laws, c. 62, § 106 ; 85 Del. Laws, c. 324, § 49 ; § 2108 Conditions for release [Effective until Feb. 1, 2027]. (a) In addition to the mandatory conditions set forth in § 2104(b) of this title, in connection with any form of bail for a defendant the court may also impose 1 or more of the following conditions: (1) Place the defendant in the custody of a designated person or organization agreeing to supervise the defendant; (2) Place the defendant under the supervision of a presentence or probation officer; (3) Place restrictions on the travel, associations, activities, consumption of alcoholic beverages, drugs or barbiturates, or place of abode of the defendant during the period of release; (4) Require the defendant to have no contact or restricted contact with the victim, the victim’s family, victim’s residence, place of employment, school or location of offense; (5) Require periodic reports from the defendant to an appropriate agent or officer of the court including the attorney for the defendant; (6) Require psychiatric or medical treatment of the defendant; (7) Require the defendant to provide suitable support for the defendant’s family under supervision of an officer of the court or the Family Court, with the consent of the Family Court; (8) Require a defendant who has been convicted to duly prosecute any post-conviction remedies or appeals; and if the case is affirmed or reversed and remanded, such defendant shall forthwith surrender to the Court; (9) Impose any other condition deemed reasonably necessary to assure appearance as required and to carry out the purpose of this chapter. (b) In connection with any form of bail for a defendant charged with any crime involving child sexual abuse or exploitation, the court shall also impose a condition that the defendant have no contact with children, except upon good cause shown, and as otherwise provided by the court, and that such condition remain in full force and effect until a nolle prosequi is filed, the case is dismissed or an adjudication of not guilty is returned, whichever shall first occur, or if the defendant is adjudicated guilty by way of a plea of guilty or a conviction by court or jury, at the time of sentencing, unless further made a condition of probation by the sentencing judge. (c) In connection with any form of bail for a defendant charged with a violation of § 4177 of Title 21 which is alleged to be punishable as a felony pursuant to that section, the court shall impose a condition that the defendant not drive a vehicle, as defined by that section, until a nolle prosequi is filed, the case is dismissed or an adjudication of not guilty is returned, whichever shall first occur, or if the defendant is adjudicated guilty by way of plea of guilty or a conviction by court or jury, at the time of sentencing, unless further made a condition of probation by the sentencing judge. 11 Del. C. 1953, §  2108; 56 Del. Laws, c. 231, §  1 ; 66 Del. Laws, c. 300, §§  5, 6 ; 68 Del. Laws, c. 367, §§  1, 2 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 152, §  1 ; 79 Del. Laws, c. 36, §  1 ; 81 Del. Laws, c. 200, § 1 ; § 2108 Conditions for release [Effective Feb. 1, 2027]. (a) In addition to the mandatory conditions set forth in § 2104(b) of this title, in connection with any form of bail for a defendant the court may also impose 1 or more of the following conditions: (1) Place the defendant in the custody of a designated person or organization agreeing to supervise the defendant; (2) Place the defendant under the supervision of a presentence or probation officer; (3) Place restrictions on the travel, associations, activities, consumption of alcoholic beverages, drugs or barbiturates, or place of abode of the defendant during the period of release; (4) Require the defendant to have no contact or restricted contact with the victim, the victim’s family, victim’s residence, place of employment, school or location of offense; (5) Require periodic reports from the defendant to an appropriate agent or officer of the court including the attorney for the defendant; (6) Require psychiatric or medical treatment of the defendant; (7) Require the defendant to provide suitable support for the defendant’s family under supervision of an officer of the court or the Family Court, with the consent of the Family Court; (8) Require a defendant who has been convicted to duly prosecute any post-conviction remedies or appeals; and if the case is affirmed or reversed and remanded, such defendant shall forthwith surrender to the Court; (9) Impose any other condition deemed reasonably necessary to assure appearance as required and to carry out the purpose of this chapter. (b) In connection with any form of bail for a defendant charged with any crime involving child sexual abuse or exploitation, the court shall also impose a condition that the defendant have no contact with children, except upon good cause shown, and as otherwise provided by the court, and that such condition remain in full force and effect until a nolle prosequi is filed, the case is dismissed or an adjudication of not guilty is returned, whichever shall first occur, or if thedefendant is adjudicated guilty by way of a plea of guilty or a conviction by court or jury, at the time of sentencing, unless further made a condition of probation by the sentencing judge. (c) In connection with any form of bail for a defendant charged with a violation of § 4177 of Title 21 which is alleged to be punishable as a felony pursuant to that section, the court shall impose a condition that the defendant not drive a vehicle, as defined by that section, until a nolle prosequi is filed, the case is dismissed or an adjudication of not guilty is returned, whichever shall first occur, or if the defendant is adjudicated guilty by way of plea of guilty or a conviction by court or jury, at the time of sentencing, unless further made a condition of probation by the sentencing judge. (d) (1) In connection with any form of bail for a defendant charged with an offense listed in § 2116(b) of this title, the court shall impose a condition that the defendant relinquish any firearm in the defendant’s possession and that the defendant not possess or control any firearm. (2) Unless the condition imposed under paragraph (d)(1) of this section is further required by law or is made a condition of the defendant’s sentence by the sentencing judge, the court shall state that the condition imposed under paragraph (d)(1) of this section only remains in effect until 1 of the following: a. A nolle prosequi is filed, the case is dismissed, or an adjudication of not guilty is returned, whichever first occurs. b. If the defendant is adjudicated guilty by way of a plea of guilty or a conviction by court or jury, at the time of sentencing. 11 Del. C. 1953, §  2108; 56 Del. Laws, c. 231, §  1 ; 66 Del. Laws, c. 300, §§  5, 6 ; 68 Del. Laws, c. 367, §§  1, 2 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 152, §  1 ; 79 Del. Laws, c. 36, §  1 ; 81 Del. Laws, c. 200, § 1 ; 84 Del. Laws, c. 473, § 7 ; 85 Del. Laws, c. 61, § 1 ; 85 Del. Laws, c. 62, § 106 ; , § 49; § 2109 Failure to provide a conditions of release bond, whether guaranteed by financial terms or not, or consent to conditions; contact with victim or victim’s family [Effective until Feb. 1, 2027]. (a) If the defendant does not provide the form of conditions of release bond required by the court, or if the defendant does not agree to meet the conditions for release, the defendant shall be held in the custody of the Department of Correction until the defendant cures such failure or until the court otherwise orders. (b) If the defendant is committed in lieu of bail, the court may require such defendant, while in custody, to have no contact with the victim or the victim’s family. (c) If the defendant is committed in lieu of bail, and knowingly breaches any conditions imposed in connection with that bail, each such failure or breach shall be a separate crime, and upon conviction thereof shall be punished as follows: (1) If the defendant was held in connection with 1 or more charges of a felony prior to trial, or while awaiting sentence or pending appeal or certiorari after conviction of 1 or more felonies or misdemeanors, the defendant shall be guilty of a felony and punished by imprisonment not to exceed 5 years, or a fine of $5,000, or both; (2) If the defendant was held in connection with 1 or more charges of misdemeanor prior to trial, the defendant shall be fined not more than $500, or imprisoned not more than 1 year, or both. 11 Del. C. 1953, §  2109; 56 Del. Laws, c. 231, §  1 ; 66 Del. Laws, c. 300, §  7 ; 70 Del. Laws, c. 186, §  1 ; 77 Del. Laws, c. 143 ; 80 Del. Laws, c. 51, §  1 ; 81 Del. Laws, c. 200, § 1 ; § 2109 Failure to provide a conditions of release bond, whether guaranteed by financial terms or not, or consent to conditions; contact with victim or victim’s family [Effective Feb. 1, 2027]. (a) If the defendant does not provide the form of conditions of release bond required by the court, or if the defendant does not agree to meet the conditions for release, the defendant shall be held in the custody of the Department of Correction until the defendant cures such failure or until the court otherwise orders. (b) If the defendant is committed in lieu of bail, the court may require such defendant, while in custody, to have no contact with the victim or the victim’s family. (c) If the defendant is committed in lieu of bail, and knowingly breaches any conditions imposed in connection with that bail, each breach is a separate crime and, on conviction for the breach, is punished as follows: (1) If the defendant was held in connection with 1 or more charges of a felony before trial, or while awaiting sentence or pending appeal or certiorari after conviction of 1 or more felonies or misdemeanors, the defendant is guilty of a class E felony. (2) If the defendant was held in connection with 1 or more charges of misdemeanor before trial, the defendant is guilty of a class A misdemeanor. 11 Del. C. 1953, §  2109; 56 Del. Laws, c. 231, §  1 ; 66 Del. Laws, c. 300, §  7 ; 70 Del. Laws, c. 186, §  1 ; 77 Del. Laws, c. 143 ; 80 Del. Laws, c. 51, §  1 ; 81 Del. Laws, c. 200, § 1 ; 84 Del. Laws, c. 473, § 8 ; 85 Del. Laws, c. 61, § 1 ; 85 Del. Laws, c. 62, § 106 ; , § 49; § 2110 Modification of bail, security or conditions of release and sanctions for violation [Effective until Feb. 1, 2027]. (a) Unless reviewed earlier, a court with jurisdiction over the defendant shall review conditions of pretrial release for a defendant who remains detained after 72 hours from the defendant’s initial presentment as a result of the inability to meet conditions of pretrial release. This review shall occur within 10 days from the date of detention. Each court shall establish its procedure for timely review. (b) A defendant, regardless of custody status, or the Attorney General, the Attorney General’s designee, a third-party private or commercial surety, the Department of Correction, or any person or nongovernmental organization to whom a defendant has been released for supervision may apply to the court for modification of any condition of pretrial release. The courts shall establish rules governing the procedure for motions to modify conditions of pretrial release. Motions to modify conditions of pretrial release shall be filed in and decided by the court that has jurisdiction over the defendant at the time the motion is made. The defendant, the Attorney General, or the Attorney General’s designee may make an oral application at any proceeding at which the parties are both present. Once a movant’s application is ruled upon, the movant may initiate subsequent review of conditions of pretrial release only upon a material change in circumstance. (c) Following a hearing alleging pretrial noncompliance and upon a finding that the defendant violated 1 or more material conditions of pretrial release, the court with jurisdiction over the defendant, may continue the current conditions, remove or impose different or additional conditions upon the defendant’s release, or revoke the defendant’s bail and reset pretrial conditions of release, including any financial conditions. Upon a finding that defendant violated a condition of appearance in court, any amount of surety posted to meet a financial term of release may be forfeited. (d) The court may impose different or additional conditions of pretrial release or may remove conditions of pretrial release only when the facts of the individual case or the defendant’s circumstances demonstrate that modification of conditions is necessary to reasonably ensure the defendant’s appearance at court proceedings, to protect the community, victims, witnesses, or any other person, and to maintain the integrity of the judicial process. (e) Upon disposition of the request to modify conditions of pretrial release, the court shall set forth on the record the reasons for amendment of or continuation of the conditions imposed. (f) If the court modifies conditions of release, the court may impose any conditions as are set forth in § 2108 of this title, when such conditions are necessary to provide a reasonable assurance of the appearance of the defendant at court proceedings, the protection of the community, victims, or any other person, and to maintain the integrity of the judicial process. The court shall review the modified conditions with the defendant. 11 Del. C. 1953, §  2110; 56 Del. Laws, c. 231, §  1 ; 66 Del. Laws, c. 300, §  8 ; 81 Del. Laws, c. 200, § 1 ; § 2110 Modification of bail, security or conditions of release and sanctions for violation [Effective Feb. 1, 2027]. (a) Unless reviewed earlier, a court with jurisdiction over the defendant shall review conditions of pretrial release for a defendant who remains detained after 72 hours from the defendant’s initial presentment as a result of the inability to meet conditions of pretrial release. This review shall occur within 10 days from the date of detention. Each court shall establish its procedure for timely review. (b) A defendant, regardless of custody status, or the Attorney General, the Attorney General’s designee, a third-party private or commercial surety, the Department of Correction, or any person or nongovernmental organization to whom a defendant has been released for supervision may apply to the court for modification of any condition of pretrial release. The courts shall establish rules governing the procedure for motions to modify conditions of pretrial release. Motions to modify conditions of pretrial release shall be filed in and decided by the court that has jurisdiction over the defendant at the time the motion is made. The defendant, the Attorney General, or the Attorney General’s designee may make an oral application at any proceeding at which the parties are both present. Once a movant’s application is ruled upon, the movant may initiate subsequent review of conditions of pretrial release only upon a material change in circumstance. (c) (1) Following a hearing alleging pretrial noncompliance and on a finding that the defendant violated 1 or more material conditions of pretrial release, the court with jurisdiction over the defendant, may continue the current conditions, remove or impose different or additional conditions on the defendant’s release, or revoke the defendant’s bail and reset pretrial conditions of release, including any financial conditions. On a finding that defendant violated a condition of appearance in court, any amount of surety posted to meet a financial term of release may be forfeited. (2) A defendant who is eligible for preventive detention but was previously released pending adjudication and who wilfully violates any material condition of release may be subject to modification of release conditions or revocation of release and an order of preventive detention following a hearing under § 2116 of this title. (d) The court may impose different or additional conditions of pretrial release or may remove conditions of pretrial release only when the facts of the individual case or the defendant’s circumstances demonstrate that the conditions to be removed are unnecessary or that the conditions to be added are necessary to reasonably assure the defendant’s appearance at court proceedings, reasonably assure the protection of the community, victims, witnesses, or any other person, and reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice. (e) Upon disposition of the request to modify conditions of pretrial release, the court shall set forth on the record the reasons for amendment of or continuation of the conditions imposed. (f) If the court modifies conditions of release, the court may impose any conditions under § 2108 of this title, when the conditions are necessary to reasonably assure the appearance of the defendant at court proceedings, reasonably assure the protection of the community, victims, witnesses, or any other person, and reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct justice or attempt to obstruct justice. The court shall review the modified conditions with the defendant. 11 Del. C. 1953, §  2110; 56 Del. Laws, c. 231, §  1 ; 66 Del. Laws, c. 300, §  8 ; 81 Del. Laws, c. 200, § 1 ; 84 Del. Laws, c. 473, § 9 ; 85 Del. Laws, c. 61, § 1 ; 85 Del. Laws, c. 62, § 106 ; , § 49; § 2111 Procedure for pretrial release or implementing this chapter. Except as provided herein, the procedure for pretrial release or implementing this chapter shall be as provided by the Rules of the Superior Court. 11 Del. C. 1953, §  2111; 56 Del. Laws, c. 231, §  1 ; 79 Del. Laws, c. 36, §  1 ; 81 Del. Laws, c. 200, § 1 ; § 2112 Bail after transfer to another court or after conviction [Effective until Feb. 1, 2027]. Once bail has been given and a charge is pending or is thereafter filed in or transferred to a court of competent jurisdiction, the latter court may continue the original bail in that court. After conviction, the court may order that the original bail stand as bail pending appeal or deny, increase or reduce bail, or modify the conditions of release. 11 Del. C. 1953, §  2112; 56 Del. Laws, c. 231, §  1 ; 81 Del. Laws, c. 200, § 1 ; § 2112 Bail after transfer to another court or after conviction [Effective Feb. 1, 2027]. Once bail has been given and a charge is pending or is thereafter filed in or transferred to a court of competent jurisdiction, the latter court may continue the original bail in that court. After conviction, the court may order that the original bail stand as bail pending imposition of sentence or appeal, modify conditions of release, or issue an order detaining any defendant convicted of any offense. 11 Del. C. 1953, §  2112; 56 Del. Laws, c. 231, §  1 ; 81 Del. Laws, c. 200, § 1 ; 84 Del. Laws, c. 473, § 10 ; 85 Del. Laws, c. 61, § 1 ; 85 Del. Laws, c. 62, § 106 ; 85 Del. Laws, c. ___, § 49 ; § 2113 Penalties for noncompliance with conditions of release bond [Effective until Feb. 1, 2027]. (a) If the defendant shall fail to appear as required by the defendant’s bail or shall commit any material breach of the conditions set forth in § 2104(b) or § 2108 of this title, the court shall issue a warrant and cause the arrest of such defendant and the cancellation of any bail and the return to the court for a redetermination of the disposition of the defendant. (b) Upon the return of the defendant before the court pursuant to subsection (a) of this section or if the defendant shall not be found, the court shall act with respect to the forfeiture of any form of guaranteed or not guaranteed conditions of release bond pursuant to the Rules of the Superior Court and shall redetermine the type and amount of bail, and conditions of the further release of the defendant. Notwithstanding any law to the contrary, no property, cash, surety or other assets shall be forfeited except upon failure of the accused to appear as required by any court. (c) If the defendant knowingly fails to appear as required or knowingly breaches any condition of release, each such failure or breach shall be a separate crime, and upon conviction thereof shall be punished as follows: (1) If the defendant was released in connection with 1 or more charges of a felony prior to trial, or while awaiting sentence or pending appeal or certiorari after conviction of 1 or more felonies or misdemeanors, the defendant shall be guilty of a felony and punished by imprisonment not to exceed 5 years, or a fine of $5,000, or both; (2) If the defendant was released in connection with 1 or more charges of misdemeanor prior to trial, the defendant shall be fined not more than $500, or imprisoned not more than 1 year, or both. (d) The Justice of the Peace Court shall have jurisdiction over violations of this section if punishable as misdemeanors and if the jurisdiction over the underlying offense remains with the Justice of the Peace Court. (e) Any defendant released pursuant to this chapter shall notify the court, before which the case is pending, of any changes of address or residence within 5 days of such change. Failure to make such notification will result in constructive receipt of any subpoena issued to the defendant by or on behalf of the court to the last address or residence given to the court by that defendant. (f) Nothing in this chapter shall interfere with or prevent the exercise by any court of its power to punish for contempt. 11 Del. C. 1953, §  2113; 56 Del. Laws, c. 231, §  1 ; 69 Del. Laws, c. 198, §  1 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 172, §  1 ; 74 Del. Laws, c. 322, §  1 ; 79 Del. Laws, c. 36, §  1 ; 81 Del. Laws, c. 200, § 1 ; § 2113 Penalties for noncompliance with conditions of release bond [Effective Feb. 1, 2027]. (a) If the defendant fails to appear as required by the defendant’s bail or commits a material breach of the conditions set forth in § 2104(b) or § 2108 of this title, the court shall issue a warrant and cause the arrest of the defendant and the cancellation of any bail and the return of the defendant to the court for a redetermination of the disposition of the defendant. (b) On the return of the defendant before the court under subsection (a) of this section or if the defendant is not found, t