Seeking a just and balanced approach to the Delaware justice system, Senate Majority Leader Bryan Townsend has enacted laws that prevent people from being unjustly held behind bars due to their inability to pay bail, as well as laws that help keep dangerous criminals from harming our communities.
After successfully passing legislation to move Delaware courts away from a cash bail system that unjustly detained hundreds of people based on their ability to pay for their release, Sen. Townsend sponsored legislation that would allow the courts to prevent defendants accused of the most dangerous and violent offenses from being released without bail prior to their scheduled trials.
Passed with overwhelming bipartisan support, Senate Bill 11 (S) was the first leg of a preventative detention amendment to the Delaware Constitution that would allow bail to be withheld entirely for cases involving 38 dangerous and violent offenses if there is clear and convincing evidence that a defendant presents a danger to public safety or no other condition will assure their appearance in court. Currently, the Delaware Constitution only permits bail to be withheld in capital murder cases.
While Constitutional amendments must be approved by consecutive General Assemblies, Senate Bill 7 (S) establishes secured cash bail as the baseline for the courts to use to determine the conditions of pre-trial release for people accused of those same offenses, which include certain gun crimes, assault charges, rape, sex crimes against children and Class A felonies. SB 7 will expire once a preventative detention amendment is enshrined in the Delaware Constitution.
