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 must 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: (1) publicly paid costs
of representation; and (2) fines, costs, fees, and restitution that the court
may order the defendant to pay if the defendant is convicted.
Effective: July 1, 2002.
January 7, 2002, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
, AS AMENDED BY P.L.1-2001,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: 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
(E) perform any combination of the requirements described in clauses (A) through (D).
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) With the approval of the clerk of the court, the county sheriff may collect the bail posted under this section. The county sheriff shall remit the bail to the clerk of the court by the following business day.
(e) 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.