Indiana Code
Chapter 8. Bail and Bail Procedure
35-33-8-0.5. Pretrial Risk Assessment; Rules; System

Sec. 0.5. (a) The following definitions apply throughout this chapter:
(1) "Evidence based risk assessment" means an assessment:
(A) that identifies factors relevant to determine whether an arrestee is likely to:
(i) commit a new criminal offense; or
(ii) fail to appear;
if released on bail or pretrial supervision; and
(B) that is based on empirical data derived through validated criminal justice scientific research.
(2) "Indiana pretrial risk assessment system" means the statewide evidence based risk assessment system described in subsection (b).
(b) Before January 1, 2020, the supreme court should adopt rules to establish a statewide evidence based risk assessment system to assist courts in selecting the appropriate level of bail or other pretrial supervision for arrestees eligible for pretrial release. The system must consist of:
(1) an evidence based risk assessment tool; and
(2) other rules as adopted by the supreme court.
(c) The Indiana pretrial risk assessment system shall be designed to assist the courts in assessing an arrestee's likelihood of:
(1) committing a new criminal offense; or
(2) failing to appear.
As added by P.L.187-2017, SEC.4.

Structure Indiana Code

Indiana Code

Title 35. Criminal Law and Procedure

Article 33. Preliminary Proceedings

Chapter 8. Bail and Bail Procedure

35-33-8-0.1. Application of Certain Amendments to Chapter

35-33-8-0.5. Pretrial Risk Assessment; Rules; System

35-33-8-0.6. Prohibition Concerning the Use of Certain Public Funds for Bail; Charitable Bail Organizations May Not Accept Certain Public Funds

35-33-8-1. "Bail Bond" Defined

35-33-8-1.5. "Publicly Paid Costs of Representation" Defined

35-33-8-2. Murder; Other Offenses

35-33-8-3. Repealed

35-33-8-3.1. Repealed

35-33-8-3.2. Pretrial Risk Assessment; Conditions to Assure Appearance; Remittance of Deposit; Collection of Fees

35-33-8-3.3. Pretrial Services Fee

35-33-8-3.5. Bail Procedures for a Sexually Violent Predator Defendant

35-33-8-3.6. Automatic No Contact Order for Certain Defendants Placed on Bail; Time Limits; Modification

35-33-8-3.8. Bail Following Pretrial Risk Assessment

35-33-8-3.9. Money Bail; Conditions; Agreement

35-33-8-4. Amount of Bail; Order; Indorsement; Facts Taken Into Account

35-33-8-4.5. Foreign National Unlawfully Present; Bail; Insurer Released From Liability

35-33-8-5. Alteration or Revocation of Bail

35-33-8-6. Probationers, Parolees, or Persons on Other Community Supervision; Detention; Notice to Appropriate Authority; Revocation Proceedings

35-33-8-6.5. Eight Hour Holding Period Before Person Arrested for Domestic Violence May Be Released on Bail

35-33-8-7. Failure to Appear; Pending Civil Action or Unsatisfied Judgment; Same Transaction or Occurrence; Forfeiture; Order for Payment; Judgment; Transfer of Funds

35-33-8-8. Failure to Appear; Pending Civil Action or Unsatisfied Judgment; Same Transaction or Occurrence; Forfeiture; Order for Payment

35-33-8-9. Repealed

35-33-8-10. Credit Card Service Fee

35-33-8-11. Authority to Require That Persons Charged With a Crime of Domestic Violence to Wear a Monitoring Device; Liability for Costs

35-33-8-12. Collection of Data Concerning Bail and Rearrest