A state senator issued a memo declaring his intention to reintroduce legislation that would prohibit pretrial jailing for a person who doesn’t pay their bail.

Sen. Daylin Leach, D-Montgomery/Delaware, said his proposed legislation would still allow judges to set monetary bail that would remain subject to forfeiture—but not pretrial detention—if the defendant didn’t appear in court. Leach said his legislation would also permit judges to detain a defendant if the judge finds the defendant is a danger to themselves or their community, has a history of flight or is charged with a capital crime.

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