Rule 5.4. Proceedings for violation of pretrial supervision

(a) Power of the court to issue summons, warrant or emergency detention.

(1) Summons or warrant. The court with jurisdiction over the defendant, when notified by the State or

the Department of Correction of a violation of the defendant’s pretrial supervision conditions, may

issue a summons or a warrant for the arrest of a defendant.

(2) Exigent circumstances. Under exigent circumstances, the Department of Correction, when aware

of conduct that constitutes a breach of any material condition of release of a defendant under

supervision and conducts an arrest, shall take the defendant directly before the court with jurisdiction

over the defendant if that court is in session or take the defendant before a magistrate who may

revoke or modify the bail, provided that a hearing before the court that has jurisdiction shall be held

within 72 hours. The hearing may be summary in nature.

(b) Notice to court and detaining authority. Upon arrest and detention under the authority of a summons

or warrant issued under this rule or emergency arrest due to exigent circumstances, the State, the

Commissioner, or a probation officer shall immediately notify the court with jurisdiction over the

defendant and shall submit to the court a written report showing in what manner the defendant has

violated the pretrial supervision conditions.

(c) Hearing. If the defendant is arrested under the authority of a summons or warrant issued for violation

of pretrial supervision conditions that are material in nature, a probation officer shall take the defendant

directly before the court with jurisdiction over the defendant if that court is in session or take the

defendant before a magistrate who may revoke or modify the bail, provided that a hearing before the court

that has jurisdiction shall be held within 72 hours. The hearing may be summary in nature.

supervision conditions that are material in nature, a probation officer shall take the defendant

directly before the court with jurisdiction over the defendant if that court is in session or take the

defendant before a magistrate who may revoke or modify the bail, provided that a hearing before the court

that has jurisdiction shall be held within 72 hours. The hearing may be summary in nature.

(d) Entry of order. Upon the completion of a hearing under sections (a)(2) or (c) of this rule, the court

shall enter an order continuing the existing conditions of pretrial supervision, setting different conditions

of pretrial supervision, or revoking the defendant’s release. If the court finds that the defendant has

breached the conditions of pretrial supervision, the court may, in its discretion, require more intensive

conditions of pretrial supervision and need not order a new pretrial assessment. The court shall revoke the

defendant’s release only when the State:

(1) shows that the defendant knowingly violated a condition of pretrial supervision; and

(2) proves, by clear and convincing evidence, that no other condition or combination of conditions of

release can reasonably assure the defendant’s appearance at court proceedings, and public and

specific-victim safety,

(e) Review. An order continuing or modifying the conditions of pretrial supervision under this rule is

reviewable by the court only upon a material change in circumstance. The court may rule on any

subsequent motion or request for review of conditions of release without presentation, hearing or

argument.

History.

Added Feb. 28, 2022, effective Apr. 4, 2022.

INDEX TO RULES OF CRIMINAL PROCEDURE FOR THE SUPERIOR COURT OF THE

STATE OF DELAWARE