Citations Affected: IC 35-33-8-3.2.
Synopsis: Bail requirements. Allows a court that admits a defendant
to bail to require the defendant to post a combination of property and
surety bonds as a condition of bail. Provides that if a court requires a
defendant to deposit cash in an amount equal to the defendant's bail,
the court shall require the defendant and each person who makes the
deposit on behalf of the defendant to execute an agreement that allows
the court to retain all or a part of the cash to pay publicly paid costs of
representation and fines, costs, fees, and restitution the court may order
the defendant to pay if the defendant is convicted.
Effective: July 1, 2000.
January 10, 2000, read first time and referred to Committee on Courts and Criminal Code.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
amount equal to the defendant's bail, the court shall require
the defendant and each person who makes the deposit on
behalf of the defendant to execute an agreement that allows
the court to retain all or a part of the cash to pay publicly
paid costs of representation and fines, costs, fees, and
restitution the court may order the defendant to pay if the
defendant is convicted. The defendant must also pay the fee
required by subsection (d).
(2) Require the defendant to execute:
(A) a bail bond by depositing cash or securities with the clerk of the court in an amount not less than ten percent (10%) of the bail;
If the defendant is convicted, and
(B) an agreement that allows the court
may to retain all or a
part of the cash or securities to pay fines, costs, fees, and
restitution if ordered by the court may order the defendant to
pay if the defendant is convicted.
A portion of the deposit, not to exceed ten percent (10%) of the monetary value of the deposit or fifty dollars ($50), whichever is the lesser amount, may be retained as an administrative fee. The clerk shall also retain from the deposit under this subdivision the
following: (A) The fee required by subsection (d), (B) fines, costs,
fees, and restitution as ordered by the court, (C) and publicly paid
costs of representation that shall be disposed of in accordance
with subsection (b). (D) In the event of the posting of a real estate
bond, the bond shall be used only to insure the presence of the
defendant at any stage of the legal proceedings, but shall not be
foreclosed for the payment of fines, costs, fees, or restitution. The
individual posting bail for the defendant or the defendant
admitted to bail under this subdivision must be notified by the
sheriff, court, or clerk that the defendant's deposit may be
forfeited under section 7 of this chapter or retained under
(3) Impose reasonable restrictions on the activities, movements, associations, and residence of the defendant during the period of release.
(4) Require the defendant to refrain from any direct or indirect contact with an individual.
(5) Place the defendant under the reasonable supervision of a probation officer or other appropriate public official.
(6) Release the defendant into the care of a qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court. The supervisor shall
maintain reasonable contact with the defendant in order to assist
the defendant in making arrangements to appear in court and,
where appropriate, shall accompany the defendant to court. The
supervisor need not be financially responsible for the defendant.
(7) Release the defendant on personal recognizance unless:
(A) the state presents evidence relevant to a risk by the defendant:
(i) of nonappearance; or
(ii) to the physical safety of the public; and
(B) the court finds by a preponderance of the evidence that the risk exists.
(8) Impose any other reasonable restrictions designed to assure the defendant's presence in court or the physical safety of another person or the community.
(b) Within thirty (30) days after disposition of the charges against the defendant, the court that admitted the defendant to bail shall order the clerk to remit the amount of the deposit remaining under subsection (a)(2) to the defendant. The portion of the deposit that is not remitted to the defendant shall be deposited by the clerk in the supplemental public defender services fund established under IC 33-9-11.5.
(c) For purposes of subsection (b), "disposition" occurs when the indictment or information is dismissed, or the defendant is acquitted or convicted of the charges.
(d) Except as provided by subsection (e), the clerk of the court shall:
(1) collect a fee of five dollars ($5) for each bond or deposit under subsection (a)(1); and
(2) retain a fee of five dollars ($5) from each deposit under subsection (a)(2).
The clerk of the court shall semiannually remit these fees to the board of trustees of the public employees' retirement fund for deposit into the special death benefit fund. The fee required by subdivision (2) is in addition to the administrative fee retained under subsection (a)(2). This subsection expires December 31, 1998.
(e) With the approval of the clerk of the court, the county sheriff may collect the bail and fees required by subsection (d). The county sheriff shall remit the bail to the clerk of the court by the following business day and remit monthly the five dollar ($5) special death benefit fee to the county auditor.
(f) When a court imposes a condition of bail described in subsection (a)(4):
(1) the clerk of the court shall comply with IC 5-2-9 ; and
(2) the prosecuting attorney shall file a confidential form
prescribed or approved by the division of state court administration with the clerk.