Del. C. » Title 11 — Criminal Procedure Generally · CHAPTER 21. Release of Persons Accused of Crimes · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 2104 (2026)

Release of defendants charged with any other crime [Effective until Jan. 31, 2027]

✓ laws through the 2025-26 session (checked Sept. 2026)
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(a) Any person who is arrested and charged with any crime other than a capital crime shall be released upon execution of 1 of the following:

(1) A conditions of release bond.

(2) A conditions of release bond not guaranteed by financial terms in an amount specified by the court.

(3) A conditions of release bond guaranteed by financial terms, the amount of the bond and the nature of the surety to be determined by the court.

(4) A conditions of release bond guaranteed by financial terms secured by cash only, the amount of the bond to be determined by the court.

(b) The court shall impose the following conditions of release for any defendant released on bail:

(1) Require the defendant to return to the court at any time upon notice and submit to the orders and processes of the court.

(2) Prohibit the defendant from committing any criminal offense.

(c) The court may also impose 1 or more of the conditions of release set forth in § 2108 of this title when such conditions are necessary to provide a reasonable assurance of the appearance of the defendant at court proceedings, the protection of the community, victims, witnesses, or any other person, and to maintain the integrity of the judicial process.

(d) The court shall memorialize pretrial release decisions by written order specifying conditions of release and informing the defendant of the possible consequences for violating the conditions of release.

(e) (1) The determination of whether the defendant shall be released under paragraph (a)(1), (a)(2), (a)(3), or (a)(4) of this section and the conditions (other than the mandatory conditions in paragraph (b) of this section above) of the release shall be in the discretion of the court subject to this chapter. When making a release determination, or imposing conditions set forth in § 2108 of this title, the court shall use an empirically developed risk assessment instrument, if available, designed to improve pretrial release decisions by assessing defendant’s likelihood of pretrial success. In circumstances involving suspected domestic or intimate partner violence, the judicial officer shall also consider the results, if available, of an instrument designed to assess the likelihood or predicted severity of future violence against the alleged victim. Any such risk assessment tools are not binding on the court. They are factors to be considered in the totality of the circumstances in determining the conditions of release imposed upon the defendant. The judicial officer may consider any other facts and circumstances regarding a defendant’s likelihood of pretrial success and the protection of the victim, witnesses, and any other person.

(2) The Statistical Analysis Center shall provide the court with a report of rates of re-arrest and failure to appear as required by defendants released by the court.

(f) Any defendant released from custody pursuant to this chapter who later:

(1) Tenders to the Superior Court a plea of guilty or nolo contendere to any felony for which a mandatory, minimum, minimum mandatory or mandatory minimum period of incarceration is required; or

(2) Is convicted upon a verdict of guilty of any felony for which a mandatory, minimum, minimum mandatory or mandatory minimum period of incarceration is required,

shall immediately be remanded to the custody of the Department of Correction, and shall be incarcerated until the sentence for that felony is imposed. The provisions of this subsection shall not apply to pleas or convictions for any felony set forth in Title 21.

11 Del. C. 1953, §  2104;  56 Del. Laws, c. 231, §  1;  66 Del. Laws, c. 300, §  4;  69 Del. Laws, c. 252, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 98, §§  2-4;  78 Del. Laws, c. 392, §  1;  79 Del. Laws, c. 36, §  1;  79 Del. Laws, c. 244, §  2;  81 Del. Laws, c. 200, § 1;
Notes of Decisions
Cited in 6 cases (5 in the last 5 years), 2016–2025 · leading case: State v. Lewis, No. 2402003067 (Del. Super. Ct. May 29, 2025).
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State v. Lewis, No. 2402003067 (Del. Super. Ct. May 29, 2025). · cites it 3× “Based on Lewis’ Indictment, Plea Agreement, in which he pled guilty to CCDW- Firearm , the Truth-in-Sentencing Guilty Plea Form, 1 Lewis has been, and remains, in default of bail, giving the issue a bit of an academic flavor.”
State v. Starling, No. 0104015882 (Del. Super. Ct. Nov. 22, 2016). “2 11 Del. C. § 2104(d). 5. “In determining Whether the accused is likely to appear as required and that there Will be no substantial risk to the safety of the community the court shall, on the basis of available information, take into consideration the nature and circumstances…”
Burroughs v. State, 304 A.3d 530 (Del. 2023). “104 11 Del. C. § 2104(e)(1). 31 Superior Court’s finding that the evidence was clear and convincing and that Burroughs represented an articulable threat to public safety.”
In the Matter of the Petition of Robert Alley for a Writ of Mandamus, 312 A.3d 1154 (Del. 2024). “…65 A.3d 557, 561 (Del. 2013) (citation omitted). 5 Boo’ze v. State, 2004 WL 691903 , at *5 (Del. Mar. 25, 2004); 11 Del. C. § 2104(e)(1). 3”
Just City, Inc. v. Bonner, 758 F. Supp. 3d 785 (W.D. Tenn. 2024). “See 11 Del. C. § 2104 (2019); Ore. Rev. Stat.”
State v. Lewis, No. 2402003067 (Del. Super. Ct. June 27, 2025). “After trial, this Court determined that his bail must be revoked pursuant to 11 Del. C. § 2104(f)(1)(b)1 because he was subject to an enhanced minimum mandatory sentence pursuant to 11 Del.”
11 Del. C. § 2104(d): 1 case
State v. Starling, No. 0104015882 (Del. Super. Ct. Nov. 22, 2016). “2 11 Del. C. § 2104(d). 5. “In determining Whether the accused is likely to appear as required and that there Will be no substantial risk to the safety of the community the court shall, on the basis of available information, take into consideration the nature and circumstances…”
11 Del. C. § 2104(e)(1): 2 cases
Burroughs v. State, 304 A.3d 530 (Del. 2023). “104 11 Del. C. § 2104(e)(1). 31 Superior Court’s finding that the evidence was clear and convincing and that Burroughs represented an articulable threat to public safety.”
In the Matter of the Petition of Robert Alley for a Writ of Mandamus, 312 A.3d 1154 (Del. 2024). “…65 A.3d 557, 561 (Del. 2013) (citation omitted). 5 Boo’ze v. State, 2004 WL 691903 , at *5 (Del. Mar. 25, 2004); 11 Del. C. § 2104(e)(1). 3”
11 Del. C. § 2104(f)(1)(b): 2 cases
State v. Lewis, No. 2402003067 (Del. Super. Ct. May 29, 2025). “Based on Lewis’ Indictment, Plea Agreement, in which he pled guilty to CCDW- Firearm , the Truth-in-Sentencing Guilty Plea Form, 1 Lewis has been, and remains, in default of bail, giving the issue a bit of an academic flavor.”
State v. Lewis, No. 2402003067 (Del. Super. Ct. June 27, 2025). “After trial, this Court determined that his bail must be revoked pursuant to 11 Del. C. § 2104(f)(1)(b)1 because he was subject to an enhanced minimum mandatory sentence pursuant to 11 Del.”
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