2025 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 21. RELEASE OF PERSONS ACCUSED OF CRIMES
§ 2107. Determining the amount of bail [Effective July 1, 2026].
(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(f), (g) [Repealed.]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; 84 Del. Laws, c. 473, § 6; 85 Del. Laws, c. 61, § 1; 85 Del. Laws, c. 62, § 106;
