Sec. 3.8. (a) A court shall consider the results of the Indiana pretrial risk assessment system (if available) before setting or modifying bail for an arrestee.
(b) If the court finds, based on the results of the Indiana pretrial risk assessment system (if available) and other relevant factors, that an arrestee does not present a substantial risk of flight or danger to the arrestee or others, the court shall consider releasing the arrestee without money bail or surety, subject to restrictions and conditions as determined by the court, unless one (1) or more of the following apply:
(1) The arrestee is charged with murder or treason.
(2) The arrestee is on pretrial release not related to the incident that is the basis for the present arrest.
(3) The arrestee is on probation, parole, or other community supervision.
The court is not required to administer an assessment before releasing an arrestee if administering the assessment will delay the arrestee's release.
As added by P.L.187-2017, SEC.7.
Structure 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
35-33-8-1. "Bail Bond" Defined
35-33-8-1.5. "Publicly Paid Costs of Representation" Defined
35-33-8-2. Murder; Other Offenses
35-33-8-3.3. Pretrial Services Fee
35-33-8-3.5. Bail Procedures for a Sexually Violent Predator Defendant
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