DE HB231

Adds definition of "Risk Assessment Instrument" to Delaware Code § 2102 as a pretrial process that scores factors to estimate defendant risk of failure to appear, new crimes, violence, or community danger to inform bail and release conditions.

Requires courts to use empirically developed risk assessment instruments when making pretrial release determinations and imposing release conditions, with special consideration for domestic or intimate partner violence cases.

Mandates risk assessment instruments be transparent with all building documents, data, records, and validation policies open to public inspection, auditing, and testing.

Grants criminal case parties the right to review all calculations and data used to calculate a defendant's individual risk score.

Prohibits use of trade secret or intellectual property protections to prevent discovery of risk assessment instrument materials and requires testing to demonstrate instruments do not increase or magnify bias against protected classes before use.