Sec. 4.5. (a) If bail is set for a defendant who is a foreign national who is unlawfully present in the United States under federal immigration law, after considering the results of the Indiana pretrial risk assessment system (if available) and other relevant factors, and the bail guidelines described in section 3.8 of this chapter, the court shall consider requiring as bail a:
(1) cash bond in an amount equal to the bail;
(2) real estate bond in which the net equity in the real estate is at least two (2) times the amount of the bail; or
(3) surety bond in the full amount of the bail that is written by a licensed and appointed agent of an insurer (as defined in IC 27-10-1-7).
(b) If the defendant for whom bail has been posted under this section does not appear before the court as ordered because the defendant has been:
(1) taken into custody or deported by a federal agency; or
(2) arrested and incarcerated for another offense;
the bond posted under this section may not be declared forfeited by the court and the insurer (as defined in IC 27-10-1-7) that issued the bond is released from any liability regarding the defendant's failure to appear.
As added by P.L.171-2011, SEC.22. Amended by P.L.187-2017, SEC.10.
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