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DE SB12
Bill
Status
9/30/2024
Primary Sponsor
Bryan Townsend
Click for details
AI Summary
SB12 Summary
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Establishes a preventive detention system allowing courts to detain certain defendants pending trial without bail for specific serious offenses, including violent felonies, sex crimes, trafficking, and firearm-related offenses.
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Requires courts to impose least restrictive pretrial release conditions first, with presumption favoring non-monetary conditions, before considering monetary bail or preventive detention.
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Creates two-stage preventive detention process: temporary detention (up to 10 days) at initial appearance, followed by formal hearing in Superior or Court of Common Pleas requiring clear and convincing evidence that no conditions will reasonably assure appearance, public safety, and judicial integrity.
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Mandates accelerated trial requirements for detained defendants: 60 days to indictment, then 365 days for murder, 270 days for class A felonies, or 180 days for other detention-eligible felonies before automatic release on conditions of release bond.
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Effective 6 months after enactment of constitutional amendment permitting preventive detention (contingent on passage of related constitutional amendment).
Legislative Description
An Act To Amend Title 11 Of The Delaware Code And Chapter 72, Volume 83 Of The Laws Of Delaware Relating To Pretrial Release And Detention.
Last Action
Signed by Governor
9/30/2024