Section 2105 - [See Note] Release under a conditions of release bond or conditions of release bond not guaranteed by financial terms(a) Consistent with § 2101 of this title, the court shall impose the least restrictive conditions of release possible that reasonably assure the defendant's appearance at court proceedings; reasonably assure the protection of the community, victims, witnesses, or any other person; and reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice. Subject to paragraphs (a)(1) through (a)(5) of this section and § 2116 of this title, there is a presumption in favor of release with non-monetary conditions. The court shall consider conditions of release as follows: (1) A court shall release a defendant on a conditions of release bond, or on the execution of a conditions of release bond not guaranteed by financial terms, if the release will reasonably assure the defendant's appearance at court proceedings; reasonably assure the protection of the community, victims, witnesses, or any other person; and reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice.(2) If the court finds that greater non-monetary restrictions are required to reasonably assure the defendant's appearance at court proceedings; reasonably assure the protection of the community, victims, witnesses, or any other person; and reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice, the court shall order the pretrial release of the defendant, but subject to appropriate additional non-monetary conditions of release listed under § 2108 of this title.(3) If the court finds that non-monetary restrictions are not sufficient to reasonably assure the defendant's appearance at court proceedings, the court may order the pretrial release of the defendant but may include a conditions of release bond guaranteed by financial terms or a conditions of release bond guaranteed by financial terms secured by cash. When conditions of release secured by financial terms are imposed, the court shall set the lowest amount the court deems reasonably necessary. In determining whether to impose financial conditions of release and the amount, if any, the court shall consider the defendant's financial resources and ability to pay.(4) The primary purpose of the use of monetary bail is to secure a defendant's appearance in court. In determining whether the defendant is likely to appear as required, the court shall, on the basis of available information, consider all of the following: a. The nature and circumstances of the offense with which the defendant is charged.b. The defendant's possibility of statutory mandatory imprisonment or habitual criminal offender eligibility.c. The defendant's family ties.d. The defendant's employment or enrollment in educational studies.e. The defendant's character, physical and mental condition, including engagement in medical, mental health, or substance abuse treatment, and the effect detention would have on any current treatment.f. The defendant's length of residence in the community.g. The defendant's custody status at the time of the offense.h. The defendant's history of amenability to community supervision.i. The defendant's history of breach of release.j. The defendant's record of appearances at court proceedings, flight to avoid prosecution, and failure to appear at court proceedings.(5) A court may impose monetary bail when necessary to reasonably assure the protection of the community, victims, witnesses, or any other person and to reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice, only in exceptional circumstances set forth on the record that indicate that the defendant is not otherwise eligible for preventive detention but presents a substantial public safety risk that requires addressing by other means. In determining whether the defendant's release presents a substantial risk to the safety of the community, the court shall, to the extent the information is available, consider all of the following: a. The nature and circumstances of the offense with which the defendant is charged.b. Whether a weapon was used or possessed.c. Whether the offense was committed against a victim with the intent to hinder prosecution.d. The defendant's character, physical and mental condition, including engagement in medical, mental health, or substance abuse treatment, and the effect detention would have on any current treatment.e. The defendant's record of convictions.f. The defendant's possibility of statutory mandatory imprisonment or habitual criminal offender eligibility.g. The defendant's custody status at the time of the offense.(6) If a court imposes monetary bail for any reason, the court shall set forth on the record: a. The monetary amounts set.b. The reason for the use of monetary bail.c. Any consideration the court gave to the defendant's means to meet the monetary condition.d. The reasons that no condition or combination of non-monetary conditions of release would reasonably assure the defendant's appearance at court proceedings, reasonably assure the protection of the community, victims, witnesses, or any other person, and reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice.(7) A defendant who cannot post monetary bail is eligible for review of the defendant's conditions of release under § 2110(a) of this title.(b) In a pretrial release order, the court shall include a written statement that does all of the following: (1) Sets forth all of the conditions to which the release is subject in a manner sufficiently clear and specific to serve as a guide for the defendant's conduct.(2) Advises the defendant of the potential consequences of violating a condition of release, including the possible issuance of a warrant for the defendant's arrest and any applicable criminal penalties.(3) Advises the defendant that the defendant would be eligible for temporary preventive detention pending a pretrial hearing if the defendant is arrested while pending trial on the current offense.(c) An order setting conditions of release is reviewable in accordance with the rules of the court then exercising jurisdiction in the matter.Amended by Laws 2023, ch. 473,s 5, eff. 6 months after the enactment of a constitutional amendment permitting preventive detention, as proposed by Senate Substitute No. 1 for Senate Bill No. 11 of the 152nd General Assembly..Amended by Laws 2023, ch. 525,s 22, eff. 2/1/2025.Amended by Laws 2017 , ch. 200, s 1, eff. 1/1/2019.Amended by Laws 2013 , ch. 36, s 1, eff. 6/4/2013.11 Del. C. 1953, §§ 2105, 2106; 56 Del. Laws, c. 231, § 1; 63 Del. Laws, c. 215, §1; 70 Del. Laws, c. 186, § 1.;This section is set out more than once due to postponed, multiple, or conflicting amendments.