Delaware Senate Bill 222 Summary

• Establishes a preventive detention system allowing courts to detain defendants before trial if they are charged with enumerated offenses (Class A felonies, specified Class B felonies, firearms offenses, or violent felonies committed while on probation/pending trial) and the state proves by clear and convincing evidence that no conditions of release can ensure court appearance or public safety.

• Requires the state to prove by "proof positive or presumption great" that a defendant committed the detention-eligible offense and by "clear and convincing evidence" that no release conditions will reasonably assure appearance or safety before detention can be ordered.

• Mandates due process protections including right to counsel, detention hearing within 10 days of arrest, right to testify and cross-examine witnesses, immediate Superior Court review of detention orders, and speedy trial protections (indictment within 45 days, trial within 90 days of indictment).

• Strengthens presumption favoring non-monetary release conditions and requires courts to impose least restrictive conditions possible, with monetary bail set only when non-monetary conditions are insufficient.

• Requires annual data collection and reporting by the Statistical Analysis Center on detention rates, initial detention rates, average length of stay, and outcomes disaggregated by race, gender, and zip code.