Indiana Code
Chapter 8. Bail and Bail Procedure
35-33-8-3.8. Bail Following Pretrial Risk Assessment

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

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 Repealed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 Repealed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