Delaware § 2110 - Modification of bail, security or conditions of release and sanctions for violation [Effective Feb. 1, 2027].

§ 2110. Modification of bail, security or conditions of release and sanctions for violation [Effective Feb. 1, 2027].

(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 pretrial release. This review shall occur within 10 days from the date of detention. Each court shall establish its procedure for timely review.

(b) A defendant, regardless of custody status, or the Attorney General, the Attorney General’s designee, a third-party private or commercial surety, the Department of Correction, or any person or nongovernmental organization to whom a defendant has been released for supervision may apply to the court for modification of any condition of pretrial release. The courts shall establish rules governing the procedure for motions to modify conditions of pretrial release. Motions to modify conditions of pretrial release shall be filed in and decided by the court that has jurisdiction over the defendant at the time the motion is made. The defendant, the Attorney General, or the Attorney General’s designee may make an oral application at any proceeding at which the parties are both present. Once a movant’s application is ruled upon, the movant may initiate subsequent review of conditions of pretrial release only upon a material change in circumstance.

(c) (1) Following a hearing alleging pretrial noncompliance and on a finding that the defendant violated 1 or more material conditions of pretrial release, the court with jurisdiction over the defendant, may continue the current conditions, remove or impose different or additional conditions on the defendant’s release, or revoke the defendant’s bail and reset pretrial conditions of release, including any financial conditions. On a finding that defendant violated a condition of appearance in court, any amount of surety posted to meet a financial term of release may be forfeited.

(2) A defendant who is eligible for preventive detention but was previously released pending adjudication and who wilfully violates any material condition of release may be subject to modification of release conditions or revocation of release and an order of preventive detention following a hearing under § 2116 of this title.

(d) The court may impose different or additional conditions of pretrial release or may remove conditions of pretrial release only when the facts of the individual case or the defendant’s circumstances demonstrate that the conditions to be removed are unnecessary or that the conditions to be added are necessary to 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.

(e) Upon disposition of the request to modify conditions of pretrial release, the court shall set forth on the record the reasons for amendment of or continuation of the conditions imposed.

(f) If the court modifies conditions of release, the court may impose any conditions under § 2108 of this title, when the conditions are necessary to reasonably assure the appearance of the defendant 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 justice or attempt to obstruct justice. The court shall review the modified conditions with the defendant.

11 Del. C. 1953, §  2110;  56 Del. Laws, c. 231, §  1;  66 Del. Laws, c. 300, §  8;  81 Del. Laws, c. 200, § 1;  84 Del. Laws, c. 473, § 9;  85 Del. Laws, c. 61, § 1;  85 Del. Laws, c. 62, § 106;  , § 49;