FOR IMMEDIATE RELEASE | January 15, 2025
Contact: Sarah Fulton (302) 401-1114
DOVER — Members of the Senate Executive Committee released legislation from committee Wednesday afternoon that would reform Delaware’s pre-trial detention system.
Defendants who pose a clear and convincing risk to public safety that have been charged with specific felony offenses may be detained without bail under Senate Bill 11, legislation put forward by Senator Bryan Townsend.
“Bail — to the extent that it is used to detain someone before trial — is an inherently inequitable system. Far too often, someone’s fate while awaiting trial is determined by their socioeconomic status rather than the risk they pose to public safety. I’m proud of the work that we’ve done over the past several General Assemblies to reform our bail system, ensuring that no one should languish behind bars simply because they cannot afford to pay,” said Sen. Townsend. “Our progress continues today as we work to advance the final leg of this constitutional amendment that fundamentally changes how we approach pre-trial detention, striking an important balance between keeping our communities safe and treating defendants fairly under the eyes of the law.”
The second leg of an amendment to Delaware’s Constitution would empower the Legislature to identify certain crimes and circumstances in which the courts can use preventive detention to protect public safety. The first leg, SB 11 (S), was passed by the Senate in May of 2024, and by the House of Representatives in June.
Delaware has taken many important steps in reforming our bail process, particularly in reducing our use of cash bail for minor offenses,” said Rep. Nnamdi Chukwuocha. “However, it’s important for the safety of our communities that those in our criminal justice system maintain the discretion to implement or withhold bail for the most serious offenses. This is a long overdue step toward modernizing our criminal justice system to make it more equitable and fair for all Delawareans.”
Constitutional amendments must be approved by consecutive General Assemblies, meaning that the amendment proposed by SB 11 will take effect upon approval by both the Senate and the House during the 153rd General Assembly. A Governor’s signature is not required.
“Justice should be blind to your wealth, or lack thereof — but under current law, it isn’t. Thousands of times every year, in cases with life or death consequences, our constitution requires judges to translate freedom and safety into a language of dollars and cents. It’s a clumsy artifact of a bygone era, and is unburdened by any moral ideals or evidence of success. It is harmful to every constituency except for bail bondsmen and the mega-wealthy; it undermines reforms that keep more violent offenders, and fewer nonviolent offenders, detained; and it is enshrined in our constitution as a cornerstone of our justice system,” said Attorney General Kathy Jennings. “We have to be better. I appreciate Sen. Townsend’s leadership in moving us forward.”
Under SB 11, pre-trial detention would be permissible only if there is clear and convincing evidence that release would not reasonably ensure a defendant’s appearance in court, would not provide sufficient protections to the community, or would not prevent a defendant from obstructing justice.
“We have appreciated Sen. Townsend’s collaboration on this legislation, especially his focus on establishing due process protections. Pretrial detention should not be taken lightly, and access to counsel at the initial appearance in JP Court provided in SB 11 and last year’s SB 12 is a crucial component of this proposed system,” said Kevin O’Connell, Chief Defender, Office of Defense Services. “While no system is perfect, we are confident that ODS’ attorneys and staff will improve outcomes for our clients facing pretrial detention.”
SB 11 will advance to be heard before the full Senate later this month.
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