A complete rewrite of Delaware’s criminal code has been introduced…which includes the “Get Out of Jail Free” movement disguised as “Bail Reform.”
Last week, a group of judges and public defenders released a complete revamp of Delaware’s criminal code.
Included in their vision is the move away from the 200 year old system of accountable commercial bail…in favor of a pretrial release system that uses a computer generated “risk assessment” in determining an offenders likelihood to reoffend and appear in court.
(report by Delaware Online – Mar 25, 2017)
Delaware is on the verge of changing its bail system in a way that would alter – and in some cases eliminate – the price tag on freedom for those awaiting trial.
That price this past week in Delaware was $105,800 cash for a man accused of stealing cigarettes from nine convenience stores, $45,000 cash for a man accused of a pocket-knife stabbing and $6,100 unsecured bail for a teen who police say was caught with 600 grams of marijuana.
Legislation that could be proposed this spring would shift the presumption away from always using cash.
“The old way of thinking was there was a price tag on every case,” said Thomas Foley, a Wilmington lawyer working on the legislation. “That is so antiquated.”
Instead, defendants who are found not to be a danger to the community or a flight risk would avoid prison if they comply with a judge’s conditions. While cash bail could still be one choice for judges, others could range from a defendant promising to hold a job, check-in weekly with a drug counselor or wear a GPS ankle monitor.
New Jersey in Chaos
New Jersey is just shy of 3 months into their sweeping changes of bail reform – a system similar to what Delaware is proposing. Already, the failures of unaccountable releases are piling up…
New Brunswick, NJ – School Soccer Referee with Child Porn – FREE TO GO under NJ Bail Reform
Clifton, NJ – 4 Arrests in 30 Hours for One Man…NJ Bail Reform Hard at Work
Camden, NJ – Man Arrested with 14 Kilos of Fetanyl (30 lbs) – FREE TO GO under NJ Bail Reform
Newark, NJ – Man pulls GUN on store clerk after theft – now FREE TO GO under NJ Bail Reform
Bruny Mercado, who owns “Bruny’s Bail Bonds” in Wilmington, opposes the legislation due to the safety concerns that continue to plague New Jersey and other states that have implemented bail reform.
“You are dancing with the devil because you are putting people at risk, and once you start passing legislation, you are brainwashing judges to say, ‘Whatever the charge, just let them go.’
“As bail enforcement agents, if someone fails to appear in court, we can go pick them up on our cases, free to the taxpayer”
“At what point do we draw the line at just releasing individuals with no bail and no oversight?”
– Bruny Mercado
Watch video of Mercado talking about bail reform here…Bruny Mercado on Bail Reform
The Bail Reform “movement” is dangerous, reckless, and burdens the taxpayer.
Shifting to an unaccountable system of “black box” algorithm driven decisions has resulted in increases in crime, unmanageable taxpayer expense, and frustrations for law enforcement in neighboring New Jersey. Can Delaware afford to go down that same path?
US Bail Reform has been reporting on some of those failures…New Jersey Bail Reform.
Delaware Public Hearings on the criminal code reboot
When and where…
- April 3 at 6 p.m. at Clayton Hall, University of Delaware, 100 Pencader Way, Newark.
- April 10 at 6 p.m. at Martin Luther King Jr. Student Center at Delaware State University, 1200 N. Du Pont Highway, Dover.
- April 13 at 6 p.m. at the University of Delaware’s Virden Retreat Center, 700 Pilottown Road, Lewes.
Individuals that would like to comment at the hearings are asked to submit their thoughts, at least 5 days in advance of the hearing, to – [email protected]
How do you feel about Bail Reform?