Breach of Conditions of Release Law and Legal Definition
Breach of conditions of release in the bail bond is a punishable offense. Any person released on bail must adhere to the conditions set forth in his or her bond. If the accused fail to appear as required by the recognizance or bond or commit any material breach of the conditions, the court shall issue a warrant and cause the arrest of such person and the cancellation of any recognizance and the return to the court for a redetermination of the disposition of the accused. If the accused knowingly fails to appear as required or knowingly breaches any condition of release, each such failure or breach shall be treated as a separate crime.[ 11 Del. C. § 2113]
The following is an example of a State Statute ( Delaware) on conditions of Release:
11 Del. C. § 2108 . Conditions for release
(a) In connection with either a secured release or an unsecured release of any person the court may also impose 1 or more of the following conditions:
(1) Require the person to return to the court at any time upon notice and submit to the orders and processes of the court;
(2) Place the person in the custody of a designated person or organization agreeing to supervise the person;
(3) Place the person under the supervision of a presentence or probation officer;
(4) Place restrictions on the travel, associations, activities, consumption of alcoholic beverages, drugs or barbiturates, or place of abode of the person during the period of release;
(5) Require the person to have no contact or restricted contact with the victim, the victim's family, victim's residence, place of employment, school or location of offense;
(6) Require periodic reports from the person to an appropriate agent or officer of the court including the attorney for the accused;
(7) Require psychiatric or medical treatment of the person;
(8) Require the person to provide suitable support for the person's family under supervision of an officer of the court or the Family Court, with the consent of the Family Court;
(9) Require a person who has been convicted to duly prosecute any post-conviction remedies or appeals; and if the case is affirmed or reversed and remanded, such person shall forthwith surrender to the court;
(10) Impose any other condition deemed reasonably necessary to assure appearance as required and to carry out the purpose of this chapter.
(b) In connection with either a secured release or an unsecured release of any person charged with any crime involving child sexual abuse or exploitation, the court shall also impose a condition that the person have no contact with children, except upon good cause shown, and as otherwise provided by the court, and that such condition remain in full force and effect until a nolle prosequi is filed, the case is dismissed or an adjudication of not guilty is returned, whichever shall first occur, or if the person is adjudicated guilty by way of a plea of guilty or a conviction by court or jury, at the time of sentencing, unless further made a condition of probation by the sentencing judge.
(c) In connection with either a secured release or unsecured release of any person charged with a violation of § 4177 of Title 21 which is alleged to be punishable as a felony pursuant to that section, the court shall impose a condition that the person not drive a vehicle, as defined by that section, until a nolle prosequi is filed, the case is dismissed or an adjudication of not guilty is returned, whichever shall first occur, or if the person is adjudicated guilty by way of plea of guilty or a conviction by court or jury, at the time of sentencing, unless further made a condition of probation by the sentencing judge.
