2014 Delaware Code
Title 11 - Crimes and Criminal Procedure
CHAPTER 21. RELEASE OF PERSONS ACCUSED OF CRIMES
§ 2104. Release on bail or recognizance of persons charged with any other crime

(a) Any person who is arrested and charged with any crime other than a capital crime shall be released either:

(1) On the person's own recognizance or

(2) Upon the execution of an unsecured personal appearance bond of the accused in an amount specified by the court or

(3) Upon the execution of a secured personal appearance bond, the amount of the bond and the nature of the surety to be determined by the court.

(4) Upon execution of a cash personal appearance bond, the amount of the bond to be determined by the court.

(b) The court shall impose the following conditions of release for any person released on bail or recognizance:

(1) Require the person to return to the court at any time upon notice and submit to the orders and processes of the court; and

(2) Prohibit the person 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.

(d) The determination of whether the accused shall be released under paragraph (a)(1), (a)(2), (a)(3) or (a)(4) of this section above 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. In making a release determination, or imposing conditions set forth in § 2108 of this title, the court shall employ an objective risk assessment instrument to gauge the person's risk of flight and re-arrest and the safety of the victim and the community. The risk assessment instrument shall be responsive to the needs of victims of domestic violence and sexual assault. The Statistical Analysis Center shall provide the court with a report of rates of re-arrest and failure to appear as required by persons released by the court. Use of the objective risk assessment instrument shall commence by December 31, 2013.

(e) If the accused has furnished surety, the court shall, at that time, review conditions and may impose any conditions as are set forth in § 2108 of this title before the accused is released, including specific consideration for the safety of the victim and the community.

(f) Any person who is arrested and thereafter released from custody pursuant to this chapter, and who subsequently:

(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 in lieu of bail until the sentence for said 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.;