Bill Text: DE SCR9 | 2019-2020 | 150th General Assembly | Draft
Bill Title: Recommending The Delaware Judiciary Assess The Implementation Of Interim Rule 5.2 And Collaborate With Criminal Justice Stakeholders To Finalize A Court Rule Focused On Balancing Continued Efforts To Release Defendants Who Should Not Be Held Pre-trial And To Protect The Public From Defendants Accused Of Violent Crimes.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2019-01-24 - Passed In House by Voice Vote [SCR9 Detail]
Download: Delaware-2019-SCR9-Draft.html
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SPONSOR: |
Sen. Townsend & Rep. Lynn |
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Sen. Delcollo |
DELAWARE STATE SENATE
150th GENERAL ASSEMBLY
SENATE CONCURRENT RESOLUTION NO. 9
RECOMMENDING THE DELAWARE JUDICIARY ASSESS THE IMPLEMENTATION OF INTERIM RULE 5.2 AND COLLABORATE WITH CRIMINAL JUSTICE STAKEHOLDERS TO FINALIZE A COURT RULE FOCUSED ON BALANCING CONTINUED EFFORTS TO RELEASE DEFENDANTS WHO SHOULD NOT BE HELD PRE-TRIAL AND TO PROTECT THE PUBLIC FROM DEFENDANTS ACCUSED OF VIOLENT CRIMES.
WHEREAS, in 2018, the General Assembly codified collaborative efforts by criminal justice stakeholders to reform the use of bail in Delaware, known as the Bail Reform Act (81 Del. Laws, c. 200); and
WHEREAS, to complement reform efforts, the Delaware Supreme Court drafted and implemented Interim Rule 5.2 (“Interim Rule”); and
WHEREAS, the Interim Rule, coupled with Chapter 21 of Title 11, focuses on encouraging courts to release defendants before trial who are accused of crimes and are low risk to reoffend or fail to appear for court; and
WHEREAS, presumptively, defendants accused of misdemeanors and certain non-violent felonies should not constitute the pre-trial population in Delaware Department of Correction facilities; and
WHEREAS, defendants accused of misdemeanors and certain non-violent felonies should remain in the community, working and caring for their families and maintaining a connection to their communities. notwithstanding their arrest; and
WHEREAS, since the Interim Rule’s effective date of January 1, 2019, it has reformed the bail analysis in the State of Delaware pertaining to misdemeanors and certain non-violent felonies; and
WHEREAS, despite the Interim Rule’s reforms regarding misdemeanors and certain non-violent felonies, the General Assembly is concerned by the implementation and application to date of the Interim Rule as it relates to defendants accused of committing violent crimes and crimes involving serious physical injury to others and to the use of firearms. Defendants accused of committing these types of crimes are inherently a risk to public safety by virtue of their offense; and
WHEREAS, one of the General Assembly’s particular concerns is regarding the Interim Rule’s treatment of the Bail Reform Act’s presumption that a conditions of release bond guaranteed by financial terms secured by cash only is to be set for a defendant charged with committing a violent felony involving a firearm; and
WHEREAS, while the General Assembly may need to take legislative action in the coming months to further clarify the Bail Reform Act, the General Assembly believes the Delaware Judiciary and criminal justice stakeholders, working together, can more quickly finalize a court rule properly implementing the Bail Reform Act.
NOW, THEREFORE:
BE IT RESOLVED by the Senate of the 150th General Assembly of the State of Delaware, the House of Representatives concurring therein, that the General Assembly recommends the Delaware Judiciary assess the implementation of the Interim Rule and collaborate with criminal justice stakeholders to finalize a court rule focused on balancing continued efforts to release defendants who should not be held pre-trial and to protect the public from defendants accused of violent crimes.
SYNOPSIS
This Concurrent Resolution recommends the Delaware Judiciary assess the implementation of Interim Rule 5.2 and collaborate with criminal justice stakeholders to finalize a court rule focused on balancing continued efforts to release defendants who should not be held pre-trial and to protect the public from defendants accused of violent crimes.
Author: Senator Townsend
