§ 2108 — Conditions for release [Effective until July 1, 2026]

Delaware § 2108

• Jurisdiction: Delaware
• Title: 11
• Part: Criminal Procedure Generally
• Ch. 21: RELEASE OF PERSONS ACCUSED OF CRIMES

Text

(a) In addition to the mandatory conditions set forth in § 2104(b) of this title, in connection with any form of bail for a defendant the court may also impose 1 or more of the following conditions:

(1) Place the defendant in the custody of a designated person or organization agreeing to supervise the defendant;

(2) Place the defendant under the supervision of a presentence or probation officer;

(3) Place restrictions on the travel, associations, activities, consumption of alcoholic beverages, drugs or barbiturates, or place of abode of the defendant during the period of release;

(4) Require the defendant to have no contact or restricted contact with the victim, the victim’s family, victim’s residence, place of employment, school or location of offense;

(5) Require periodic reports from the defendant to an appropriate agent or officer of the court including the attorney for the defendant;

(6) Require psychiatric or medical treatment of the defendant;

(7) Require the defendant to provide suitable support for the defendant’s family under supervision of an officer of the court or the Family Court, with the consent of the Family Court;

(8) Require a defendant who has been convicted to duly prosecute any post-conviction remedies or appeals; and if the case is affirmed or reversed and remanded, such defendant shall forthwith surrender to the Court;

(9) Impose any other condition deemed reasonably necessary to assure appearance as required and to carry out the purpose of this chapter.

(b) In connection with any form of bail for a defendant charged with any crime involving child sexual abuse or exploitation, the court shall also impose a condition that the defendant have no contact with children, except upon good cause shown, and as otherwise provided by the court, and that such condition remain in full force and effect until a nolle prosequi is filed, the case is dismissed or an adjudication of not guilty is returned, whichever shall first occur, or if the defendant is adjudicated guilty by way of a plea of guilty or a conviction by court or jury, at the time of sentencing, unless further made a condition of probation by the sentencing judge.

(c) In connection with any form of bail for a defendant charged with a violation of § 4177 of Title 21 which is alleged to be punishable as a felony pursuant to that section, the court shall impose a condition that the defendant not drive a vehicle, as defined by that section, until a nolle prosequi is filed, the case is dismissed or an adjudication of not guilty is returned, whichever shall first occur, or if the defendant is adjudicated guilty by way of plea of guilty or a conviction by court or jury, at the time of sentencing, unless further made a condition of probation by the sentencing judge.

Legislative History

11 Del. C. 1953, § 2108; 56 Del. Laws, c. 231, § 1 ; 66 Del. Laws, c. 300, §§ 5, 6 ; 68 Del. Laws, c. 367, §§ 1, 2 ; 70 Del. Laws, c. 186, § 1 ; 74 Del. Laws, c. 152, § 1 ; 79 Del. Laws, c. 36, § 1 ; 81 Del. Laws, c. 200, § 1