Del. Super. Ct. Crim. R. 5.3

(a) Obligation to review financial conditions of release if the defendant is detained for inability to meet

required financial conditions of release. Unless reviewed earlier, if the defendant remains detained for

more than 72 hours from the defendant’s initial presentment as a result of the inability to meet the

required financial conditions of release, the court with jurisdiction over the defendant shall, on its own

initiative, review de novo the defendant’s financial conditions of release to determine whether to modify

those conditions. This review shall occur within 10 days from the date of detention.

(b) Motions by parties for modification of conditions.

(1) In general. Notwithstanding the disposition of any review of the defendant’s conditions of release

under section (a) of this Rule, a defendant, regardless of custody status, or the Attorney General, the

Attorney General’s designee, a third-party private or commercial surety, the Department of

Correction, or any person or nongovernmental organization to whom a defendant has been released

for supervision may file a motion in the court with jurisdiction over the defendant to modify the

defendant’s conditions of release or may make an oral application at any proceeding at which the

parties are both present.

(2) Hearing on motion.

(A) Expedited hearing required. Upon a request for modification of conditions under this

subsection, the court shall hold a hearing in an expedited manner, but in no event later than 10

days after the filing of the motion or oral application.

(B) Defendant’s right to counsel. The defendant shall have the right to assistance of retained or

appointed counsel at any hearing under this subsection. Nothing in this subparagraph shall be

construed to create or expand any substantive right to appointed counsel.

(c) Same standards apply to requests for modification of conditions. In determining whether to modify the

defendant’s conditions of release under this rule, the court shall continue to adhere to Rule 5.2 in all

respects.

(d) Court must state reasons for decision and issue implementing order. Upon the disposition of any

request to modify the defendant’s conditions of release under section (b) of this rule, the court shall set

forth on the record the reasons for amendment or continuation of the conditions required and issue an

implementing written order.

(e) Later motion for review; later review limited. Once an initial request for modification of the

defendant’s conditions of release under section (b) of this rule has been ruled upon, any subsequent

motion or request for review of the order setting conditions of release may be filed 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.