§ 2101. Purposes of this chapter. 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 […]
§ 2103. Persons charged with a capital crime. (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capital crime shall not be bailable, and a person so charged shall be held in custody without bail until the charge be withdrawn, reduced or dismissed or until the court shall otherwise order after a trial which results in less than a conviction of a […]
§ 2104. Release of defendants charged with any other crime. (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 […]
§ 2105. Release pursuant to a conditions of release bond or conditions of release bond not guaranteed by financial terms. (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 […]
§ 2107. Determining the amount of bail [Effective until fulfillment of the contingency in 83 Del. Laws, c. 72, § 3]. (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 […]
§ 2107. Determining the amount of bail [Effective upon fulfillment of the contingency in 83 Del. Laws, c. 72, § 3]. (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 […]
§ 2108. Conditions for release. (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 […]
§ 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. (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 […]
§ 2110. Modification of bail, security or conditions of release and sanctions for violation. (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 […]
§ 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 […]
§ 2112. Bail after transfer to another court or after conviction. 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 […]
§ 2113. Penalties for noncompliance with conditions of release bond. (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 […]
§ 2114. Administration of this chapter. (a) The Department of Correction shall administer the provisions of this chapter that are not exclusively within the jurisdiction of the judiciary. (b) The Commissioner of the Department of Correction may employ such staff as may be necessary to implement this chapter. (c) The Department of Correction may investigate […]
§ 2115. Forfeiture and default of bail bonds. (a) If the defendant shall fail to appear as required or be found in breach of a material condition of release imposed by any court, except the House Sergeant of the Wilmington City Police, while under a bond, and the court pursuant to this chapter or court […]
§ 2116. Revocation of bail upon subsequent arrest. (a) For the purposes of this section: (1) “Original offense” means any violent felony which is alleged to have been committed by a defendant who is thereafter released from custody upon execution of any form of conditions of release bond. (2) “Subsequent offense” means any violent felony […]
