Citations Affected: IC 35-33.
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 that the court may
order the defendant to pay if the defendant is convicted. Removes an
expired provision and makes conforming amendments.
Effective: July 1, 2001.
January 9, 2001, read first time and referred to Committee on Judiciary.
February 15, 2001, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3.2. (a) A court may
admit a defendant to bail and impose any of the following conditions
to assure the defendant's appearance at any stage of the legal
proceedings, or, upon a showing of clear and convincing evidence that
the defendant poses a risk of physical danger to another person or the
community, to assure the public's physical safety:
(1) Require the defendant to:
(A) execute a bail bond with sufficient solvent sureties;
(B) deposit cash or securities in an amount equal to the bail;
(C) execute a bond secured by real estate in the county, where thirty-three hundredths (0.33) of the true tax value less encumbrances is at least equal to the amount of the bail;
(D) post a real estate bond; or
The defendant must also pay the fee required by subsection
(E) perform any combination of the requirements
described in clauses (A) through (D).
If the court requires the defendant to deposit cash in an amount equal to the 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 that the court may order the defendant to pay if the defendant is convicted.
(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 that 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
(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 subsection (b).
(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.
(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.