Section 2107 - [See Note] Determining the amount of bail [effective upon fulfillment of the contingency in 83 del. laws, c. 72, section 3](a) In determining the amount of bail to be required to be posted as surety under § 2105 of this title or to be required for a conditions of release bond not guaranteed by financial terms, the court may not require oppressive bail but shall require such bail as 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. In determining the conditions of bail, the court shall take into consideration the criteria set forth in § § 2105(a) of this title.(b) Notwithstanding subsection (a) of this section, if a defendant is charged with an offense punishable by fine only, the amount of the bail may not exceed double the amount of the maximum fine for each charge. (c) Notwithstanding any provision of this title to the contrary, a defendant charged with committing any offense listed in § 2116(b) of this title may be subject to preventive detention without bail. (1) Any Title 11 class A felony.(2) Abuse of a Pregnant Female in the First Degree, in violation of § 606 of this title.(3) Strangulation, in violation of § 607 of this title.(4) Assault in the Second degree, in violation of § 612 of this title.(5) Assault in the First Degree, in violation of § 613 of this title.(6) Manslaughter, in violation of § 632 of this title.(7) Murder of a Child by Abuse or Neglect in the Second Degree, in violation of § 633 of this title.(8) Rape in the Fourth degree, in violation of § 770(a)(1) or (a)(3) of this title.(9) Rape in the third degree, in violation of § 771 of this title.(10) Rape in the Second Degree, in violation of § 772 of this title.(11) Continuous sexual abuse of a child, in violation of § 776 of this title.(12) Sex offender unlawful sexual conduct against a child, in violation of § 777A of this title.(13) Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree, in violation of § 778 of this title.(14) Kidnapping in the First Degree, in violation of § 783A of this title.(15) Trafficking an individual; forced labor; sexual servitude, in violation of § 787(b)(1)-(3) of this title.(16) Sexual Servitude (Victim is a Minor), in violation of § 787(b)(3) of this title.(17) Arson in the First Degree, in violation of § 803 of this title.(18) Burglary First Degree, in violation of § 826 of this title.(19) Robbery in the First Degree, in violation of § 832 of this title.(20) Child abuse in the second degree, in violation of § 1103B of this title.(21) Child torture, in violation of § 1103D of this title.(22) Sexual Exploitation of a Child, in violation of § 1108 of this title.(23) Unlawful Dealing in Child Pornography, in violation of § 1109 of this title.(24) Sexual Solicitation of a Child, in violation of § 1112A(h) of this title.(25) Promoting Sexual Solicitation of a Child, in violation of § 1112B(g) of this title.(26) Escape After Conviction in violation of § 1253 of this title.(27) Stalking, in violation of § 1312 of this title.(28) Possession of a Deadly Weapon During Commission of a Felony, in violation of § 1447 of this title.(29) Possession of a Firearm During Commission of a Felony, in violation of § 1447A of this title.(30) Possession of a Firearm by Persons Prohibited, in violation of § 1448(a)(1), (a)(4), (a)(6), or (a)(7) of this title.(31) Racketeering, in violation of § 1503 of this title.(32) Aggravated Act of Intimidation, in violation of § 3533 of this title.(33) Any violent felony as defined by § 4201(c) of this title, allegedly committed while defendant is pending adjudication on a previously charged violent felony.(34) Any violent felony as defined by § 4201(c) of this title, allegedly committed against a petitioner with an active Protection from Abuse order against the defendant.(35) Any violent felony as defined by § 4201(c) of this title, allegedly committed against a victim while the defendant is pending adjudication on a previously charged domestic violence offense as defined by § 1041(2) of Title 10, allegedly committed against the same victim.(36) Any domestic violence offense as defined by § 1041(2) of Title 10, allegedly committed while defendant is pending adjudication on a previously charged violent felony as defined by § 4201(c) of this title, allegedly committed against the same victim.(37) Felony noncompliance with bond, in violation of § 2109(c)(1) or 2113(c)(1) of this title and involving a violent felony offense as defined by § 4201(c) of this title.(38) Felony domestic violence offenses as defined by § 1041(2) of Title 10 and causing physical injury as defined by § 222(23) of this title or serious physical injury as defined by § 222(26) of this title.(39) Drug Dealing (Tier 3), in violation of § 4752 of title 16.the presumption is that the court will set conditions of release bond guaranteed by financial terms in an amount within or above the guidelines published by the Delaware Sentencing Accountability Commission (SENTAC) for that offense and secured by cash only.(d) If a court enters an order of preventive detention or the defendant is otherwise detained on bail, a court of competent jurisdiction may, consistent with this chapter and court rules, review the preventive detention order or bail to consider whether conditions of release order or bail in a different amount or with a different security is appropriate to reasonably assure the reappearance of the defendant, compliance with the conditions set forth in the bond, and the safety of the community. The court may modify the defendant's preventive detention order or bail in accordance with its findings and determinations at the hearing.(e) The court shall document the reason for ordering preventive detention or setting bail at a particular amount and level, whether cash, secured, or unsecured, or for modifying a preventive detention order or bail under subsection (d) of this section.Amended by Laws 2023, ch. 473,s 6, 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. 126, s 8, eff. 7/31/2023.Amended by Laws 2021 , ch. 72, s 1, eff. 7/30/2021.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, § 2107; 56 Del. Laws, c. 231, § 1.;This section is set out more than once due to postponed, multiple, or conflicting amendments.