DE SB36

Proposes amendment to Article I, Section 12 of the Delaware Constitution to modernize bail provisions and clarify when pre-trial detention without bail may be imposed

Retains the general right to bail but allows detention without bail for capital offenses when proof is positive or presumption is great, and for other felony offenses under circumstances prescribed by law

Requires that for non-capital felonies, bail may be withheld only when the court finds that no condition or combination of conditions other than detention will reasonably assure the safety of any person or the community

Permits the General Assembly to define by statute which felony offenses qualify for detention without bail and the procedures governing such detention decisions

Represents the first step toward implementing a modern bail system in Delaware, currently limited to detention only in capital murder cases, contingent on subsequent statutory changes to Title 11, Chapter 21 of the Delaware Code