The House recently passed two measures aimed at preventing defendants charged with certain felony offenses from being eligible for pre-trial release if they pose a risk to public safety. Sponsored by Rep. Nnamdi Chukwuocha and Sen. Bryan Townsend, Senate Bill 11S is the first step in amending Delaware’s Constitution to allow for preventive detention in certain circumstances. A companion measure, Senate Bill 12, seeks to reform Delaware’s bail system by moving away from an all-cash bail system while retaining judges’ discretion to impose cash bail when necessary.
The bills, which build on previous efforts to reform the bail system in Delaware, received mixed support in the House but were ultimately passed. The legislation aims to ensure that those who pose a clear threat to their communities are detained while awaiting trial. It also includes provisions for preventive detention hearings and expedited reviews of detention orders to protect the due process rights of defendants.
Rep. Chukwuocha emphasized the importance of maintaining discretion in implementing bail for serious offenses to ensure community safety, while Sen. Townsend highlighted the need for a fair and equitable pre-trial detention system. The bills aim to balance community safety with defendants’ rights, moving away from a system where wealth determines freedom and ensuring that detention decisions are based solely on the threat posed by the individual.
The General Assembly’s efforts to reform Delaware’s bail system have been ongoing, including previous legislation encouraging judges to consider pre-trial release conditions before setting cash bail. With the passage of Senate Bill 11S and Senate Bill 12, Delaware is taking steps to modernize its criminal justice system and make it more equitable for all Delawareans.
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