Bail following pretrial risk assessment
Ind. Code § 35-33-8-3.8
in effectNote: This version of section effective 1-1-2027. See also preceding version of this section, effective until 1-1-2027.
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.
(4) The arrestee is a violent arrestee as defined in section 3.4 of this chapter.
(5) The arrestee is a sexually violent predator defendant as defined in section 3.5 of this chapter.
(6) The arrestee has been denied bail pursuant to section 3.7 of this chapter.
(7) The arrestee is a foreign national who is unlawfully present in the United States as described in section 4.5 of this chapter.
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. Amended by P.L.64-2026, SEC.7.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/35Fetched: 10/17/2026