DE SB151

Proposes amendment to Delaware Constitution Article I, § 12 to modernize bail provisions and allow pretrial detention without bail in certain felony cases (currently only capital murder permits detention without bail).

Permits detention without bail for other felony offenses only if: (1) proof is positive or presumption is great, (2) clear and convincing evidence shows no bail conditions will ensure appearance in court or public safety, and (3) the offense circumstances are defined by separate legislation with two-thirds approval from both houses of the General Assembly.

Retains the constitutional right to bail before conviction for most offenses and maintains access to friends and counsel for detained persons.

Requires the General Assembly to subsequently revise Chapter 21 of Title 11 of the Delaware Code to prescribe specific procedures and circumstances for pretrial detention without bail before this amendment's detention provisions take effect.

Aims to align Delaware's bail system with modern evidence-based practices adopted by other states and support goals of the Justice Reinvestment Act and the Supreme Court's Access to Justice Commission.