2016 Delaware Code
Title 10 - Courts and Judicial Procedures
CHAPTER 9. THE FAMILY COURT OF THE STATE OF DELAWARE
Subchapter III Procedure
§ 1021. Prosecution of adults; process; bail.

(a) Prosecution of a person subject to the jurisdiction of the Court who has reached the person's eighteenth birthday prior to the time of commission of the offense shall be without trial by jury and may be prosecuted either by an information or a complaint. Neither the Attorney General nor any of the Deputy Attorneys General is required to appear to prosecute any such criminal case before a Master.

(b) A summons or other process may be employed to command the appearance of such person before the Court.

(c) Notwithstanding any other provision in this chapter, such person may be released on the person's own recognizance; or under such bail as a Judge of the Court may require pending disposition of the case; or, in default of bail, such person may be committed to the Department of Services to Children, Youth, and Their Families or to the Department of Correction, pending disposition of the case.

(d) In connection with either a secured release or an unsecured release, a Judge of the Court may impose one or more of the following conditions:

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

(2) Place the person in the custody of a designated person or organization agreeing to supervise the person;

(3) Place the person under the supervision of a presentence officer, probation officer or pretrial services officer;

(4) Place restrictions on the travel, associations, activities, consumption of alcoholic beverages, drugs or barbiturates or place of abode of the person during the period of release;

(5) Require the person to have no contact or restricted contact with the victim, victim's family, victim's residence, place of employment, school or location of offense;

(6) Require periodic reports from the person to an appropriate agency or officer of the Court, including the attorney for the accused;

(7) Require psychiatric or medical treatment of the person;

(8) Require the person to provide suitable support for the person's family under supervision of an office of the Court;

(9) Require a person, who has been convicted, to duly prosecute any post-conviction remedies or appeals; and if the case is affirmed, or is reversed and remanded, such person shall forthwith surrender to the Court;

(10) Impose any other condition deemed reasonably necessary to assure appearance as required, and to carry out the purposes of this chapter.

(e) If the person is committed, in lieu of bail, a Judge of the Court may require such person, while in custody, to have no contact with the victim or with the victim's family.

(f) The accused, or the Attorney General, may apply to the Court for any modification of any determination by the Court as to the decision of the type of release, the amount and nature of the bond or surety or the conditions of release.

(g) Where a Judge modifies any bail amount, such Judge shall review conditions and may impose any conditions as are set forth in this section, including specific considerations for the safety of the victim and the community.

(h) If the accused has furnished surety, a Judge of the Court shall, at that time, review conditions and may impose conditions as are set forth in this section including specific considerations for the safety of the victim and the community.

10 Del. C. 1953, § 940; 58 Del. Laws, c. 114, § 1; 66 Del. Laws, c. 300, § 2; 66 Del. Laws, c. 413, § 2; 67 Del. Laws, c. 158, § 3; 69 Del. Laws, c. 335, § 1; 70 Del. Laws, c. 186, § 1.;