This Act is the first leg of a constitutional amendment that will modernize the bail provisions within the Delaware Constitution and clarify the power of the General Assembly to define either certain offenses for which, or circumstances under which, pretrial release on bail may not be available. The current provision allowing that only “capital offenses” are not bailable first appeared in its present form in the Delaware Constitution of 1792. At that time, “capital offenses” included many more offenses than the term does today. For example, manslaughter, rape, robbery, burglary, and assaults with weapons were capital offenses, and therefore included as crimes for which a court could order pretrial detention. Thus, over time, other crimes that the Framers intended to include as those for which bail might be restricted no longer are. Today, a Delaware state court judge cannot order preventive detention in any non-capital case. Instead, the judge can only attempt to set the bail so high that a defendant cannot make it, which means that any defendant, no matter how dangerous and no matter the circumstance, can obtain release if the defendant can fund the bail—even if that defendant poses a certain flight risk or a known threat of harm to the public or to a specific person, such as a witness or victim. This Act is one step toward completing a pretrial release-detention continuum requiring specific evidence-based detention decisions that seek to maximize public safety and minimize pretrial detention for those less serious crimes for which it is not required. Upon enactment of the second leg of this constitutional amendment, § 12 of Article I of the Delaware Constitution as proposed will do all of the following: (1) Retain the express declaration of a general right to have bail set in a criminal case. (2) Provide that the crimes for which bail may be withheld are capital murder, where the evidentiary proof is positive and presumption of the accusation great, and other identified felony offenses determined by and under procedures prescribed by law where the evidentiary proof for the need of detention is clear and convincing. (3) Ensure that one condition precedent to bail being withheld in non-capital cases is a finding that no bail condition or combination of bail conditions other than detention will assure the safety of any person or the community, that the person will appear for future proceedings, or that the detention is necessary to prevent the person from obstructing or attempting to obstruct justice. This constitutional amendment, by itself, would not allow that a person charged with a non-capital crime could be held without bail. Rather, no person could be subject to a detention hearing in a non-capital case until the General Assembly revises Chapter 21 of Title 11 of the Delaware Code and the General Assembly and courts “prescribe by law” the specific felonies, circumstances, and procedures under which detention without bail may occur. With this change, though, Delaware can progress toward the type of modern bail system that has been increasingly adopted by our sister states through amendment of their state constitutions, when needed, and the development of statutory procedures that provide, in appropriate cases, pre-trial detention without bail. And this change does so by adopting the standards favorably recommended by authoritative sources including the National Conference of State Legislatures, the National Conference of Commissioners on Uniform State Laws, the National Center for State Courts, the American Bar Association, and the numerous state legislatures and court systems that have studied pretrial detention and retained or incorporated them in their own state constitutions and laws. Any legislation subsequently enacted or court procedures adopted under the passage of the second leg of this constitutional amendment would have to require individualized, fact-governed decision-making by any court considering preventive detention to pass muster under the United States and Delaware State Constitutions.
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This resolution directs the Department of Health and Social Services to prepare reports on the Purchase of Care Program and directs the Department of Education to prepare reports on child care capacity.
This concurrent resolution proclaims Friday, October 28, 2022 as “National First Responders Day” in the State of Delaware.
This Act requires a school district or charter school serving high school students to provide instruction in comparative political ideology in grade 10. The instruction must include a comparative discussion of political ideologies, including communism and totalitarianism, which conflict with the principles of freedom and democracy essential to the founding principles of the United States. The purpose of this instruction is to do all of the following: (1) Explore various political ideologies, including communism and totalitarianism. (2) Highlight the conflict other political ideologies have with the founding principles of the United States. (3) Prepare students to be responsible citizens in a free democracy. (4) Develop a recognition of and acceptance for the responsibility for preserving and defending the blessings of liberty inherited from prior generations and secured by the United States Constitution. (5) Reaffirm the commitment to freedom and democracy essential to the founding principles of the United States. This Act requires the Department of Education (“Department”) to make resources available to school districts and charter schools to assist them in providing the required instruction. Additionally, the Department is required to curate and make publicly available oral history resources, to be used along with the required instruction, that provide the personal stories of diverse individuals who demonstrate civic-minded qualities, including first-person accounts of victims of other nations’ governing philosophies who can compare those philosophies with those of the United States. This Act requires each school district or charter school to designate an individual responsible for overseeing the implementation of the instruction required under this Act. The designated individual is to report to the Department each year regarding how the required instruction has been implemented by that individual’s school district or charter school. The Department is to report each year to the Governor and General Assembly. The implementation of this Act is delayed until the 2023 through 2024 school year to give school districts and charter schools time to develop the instruction required under this Act and the Department time to curate and provide the required oral history resources.
This resolution designates October 17-23, 2022 as "Free Speech Week" in the State of Delaware
This Act requires that each school district and charter school serving high school students administer in grade 10 and again in grade 12 an assessment of United States history, government, and civics that includes all of the following: (1) The nature, purpose, principles, and structures of United States constitutional republic. (2) The principles, operations, and documents of the United States government. (3) The rights and responsibilities of citizenship. This Act requires that school districts and charter schools report information regarding the implementation of this Act to the Department of Education (“Department”) and that the Department report that information to the Governor and members of the General Assembly and post the report on the Department’s website. The implementation of this Act is delayed until the 2023 through 2024 school year to give school districts and charter schools time to select or develop the required assessment of civic knowledge.
This Act creates the Delaware Education Right to Know Act to give parents, guardians, and other education stakeholders more information and opportunities to evaluate public and charter school education in Delaware and to express concerns to school officials.
This Concurrent Resolution recognizes September 2022 as "Prostate Cancer Awareness Month" in the State of Delaware
This concurrent resolution proclaims the month of October 2022 as “Depression Awareness Month” in the State of Delaware.
This Act recognizes the statutory authority of the Governor to act in the event of an emergency or disaster. During protracted emergencies and disasters, particularly those lasting more than 60 days, good governance requires participation by the General Assembly to approve renewal of Emergency Orders. This approval requirement may be waived only when it is not possible for both houses of the General Assembly to convene a quorum. The Governor retains the authority to terminate Emergency Orders without approval when the emergency or disaster has passed. Any new non-weather related emergency order issued within 6 months of the termination of a prior order and based upon substantially similar reasons shall be invalid unless approved by the General Assembly. Additionally, any non-weather related emergency order that requires the closure of any business, industry, religious, or non-profit facility must specifically delineate which type of business or facilities are to be closed.