Constitutional Amendment Introduced to DE General Assembly that Would Modernize Bail Provisions


Legislation that would modernize bail provisions within the Delaware Constitution has been introduced to the General Assembly. Senate Bill 11 is the first leg of a constitutional amendment which would clarify the power of the General Assembly to set forth certain felony offenses for which, or circumstances under which, pretrial release on bail may not be allowed. Currently a Delaware state court judge cannot order preventative detention in any non-capital case. This change in Delaware’s Constitution would modernize Delaware’s bail system and develop statutory procedures that provide – in appropriate cases – pre-trial detention without bail in some non-capital cases. Senate Bill 12 is a related measure relating to pretrial release and detention.

Both bills are currently in the Senate Executive Committee.