Constitutional amendment on bail clears Del. Senate, heads to House

DOVER, Del. – The Delaware Senate has given initial approval to a proposed constitutional amendment under which criminal offenders, other than those charged with murder, could be held without bail.

The measure passed the Senate unanimously and is the first leg of a constitutional amendment that must receive two-thirds approval by both chambers in two consecutive General Assemblies.

Under the legislation, offenders charged with certain felony offenses could be held without bail under certain circumstances, including when there is a fair likelihood of conviction. These offenses would be determined at a later date by the legislature. There would also need to be “clear and convincing” proof that no conditions other than pretrial detention could reasonably assure the offender’s appearance in court when required and the safety of any other person or the community.

At one time, the definition of a “capital offense” for which bail could be withheld under the state constitution included crimes such as manslaughter, rape, robbery, burglary, and armed assaults, however, that definition has been narrowed to only murder. This means that the only way a judge can try to ensure that a defendant who is charged with any other crime, and who might be a flight risk or public safety threat, remains in custody until trial is or to set bail so high that a defendant can’t meet it.

The measure now moves on to the House.