Judiciary Rolls Out New Rule to Implement Bail Reform
The rule follows through on a legislative mandate to use an empirical risk-assessment tool to gauge the risk defendants pose to public safety and their likelihood to appear for court dates.
December 17, 2018 at 03:04 PM
4 minute read
The original version of this story was published on Delaware Law Weekly
The Delaware judiciary unveiled a new rule Monday aimed at implementing legislation that authorizes the courts to reduce their reliance on pretrial cash bail.
The rule, which is slated to take effect Jan. 1, follows through on a legislative mandate to use an empirical risk-assessment tool to gauge the risk defendants pose to public safety and their likelihood to appear for court dates. In most cases, cash bail will not be required as a condition of pretrial release, and judges will be directed to impose the “least restrictive conditions necessary” to ensure compliance.
“The interim rule is a product of a collaborative effort of all of the courts involved with making bail decisions,” Superior Court President Judge Jan R. Jurden said in a statement. “This is an important reform and we look forward to working with our system partners as we implement this improved approach to pretrial release.”
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