HB 204 Summary

• Reforms Delaware's bail system by replacing traditional bail terminology with "conditions of release bonds" in various forms (guaranteed by financial terms, secured by cash only, or not guaranteed by financial terms).

• Requires courts to use empirically developed risk assessment instruments when making pretrial release decisions and to consider factors including defendant's likelihood of appearance, community safety, and in domestic violence cases, likelihood of future violence.

• Establishes mandatory conditions for all released defendants (return to court as required, refrain from committing crimes) and allows courts to impose additional conditions such as supervised release, travel restrictions, no contact orders, and monitoring.

• Mandates court review of pretrial release conditions within 10 days for defendants detained more than 72 hours and allows modification of conditions by defendants, prosecutors, or the Department of Correction upon material change in circumstances.

• Authorizes the Department of Correction to supervise released defendants, employ monitoring technology, adopt standard conditions, and arrest defendants for material violations; provides criminal penalties for failure to appear or breach of release conditions.