Ind. Code ch. 35-33-8

Ind. Code ch. 35-33-8
in effect

Ind. Code § 35-33-8-0.1 Application of certain amendments to chapter

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The addition of section 8 of this chapter by P.L.36-1990 does not apply to any bail deposit made under section 3(a)(1) of this chapter (before its repeal) or section 3.1(a)(1) of this chapter (before its repeal) that is made before March 20, 1990. (2) The amendments made to section 3.1(d) of this chapter (before its repeal) by P.L.156-1994 apply only to the retention or collection of a fee for a bond executed or deposit made after March 11, 1994. As added by P.L.220-2011, SEC.585.

Ind. Code § 35-33-8-0.4 Virtual bail hearings permitted

Sec. 0.4. Any bail hearing required or permitted to be conducted under this chapter, including a hearing required to be conducted in open court, may be conducted virtually. As added by P.L.218-2025, SEC.10.

Ind. Code § 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.

Ind. Code § 35-33-8-0.6 Prohibition concerning the use of certain public funds for bail; charitable bail organizations may not accept certain public funds

Sec. 0.6. (a) Neither the state nor a political subdivision (as defined in IC 36-1-2-13) may: (1) post bail for any person; or (2) for the purpose of posting bail for any person, provide a grant or other funding, directly or indirectly, to an entity that posts bail for any person. (b) A person that accepts donations for the purpose of depositing cash bail for another person may not accept a grant or other funding, directly or indirectly, from a political subdivision. As added by P.L.147-2022, SEC.5.

Ind. Code § 35-33-8-1 "Bail bond" defined

Sec. 1. As used in this chapter, "bail bond" means a bond executed by a person who has been arrested for the commission of an offense, for the purpose of ensuring: (1) the person's appearance at the appropriate legal proceeding; (2) another person's physical safety; or (3) the safety of the community. As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.221-1996, SEC.1.

Ind. Code § 35-33-8-1.5 "Publicly paid costs of representation" defined

Sec. 1.5. As used in this chapter, "publicly paid costs of representation" means the portion of all attorney's fees, expenses, or wages incurred by the county that are: (1) directly attributable to the defendant's defense; and (2) not overhead expenditures made in connection with the maintenance or operation of a governmental agency. As added by P.L.167-1987, SEC.8.

Ind. Code § 35-33-8-2 Murder; other offenses

Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027. Sec. 2. Murder is not bailable if the state proves by a preponderance of the evidence that the proof is evident or the presumption strong. In all other cases, offenses are bailable. As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.41-2018, SEC.1.

Ind. Code § 35-33-8-2 Murder; other offenses

Note: This version of section effective 1-1-2027. See also preceding version of this section, effective until 1-1-2027. Sec. 2. (a) Murder is not bailable if the state proves by a preponderance of the evidence that the proof is evident or the presumption strong. (b) Offenses other than murder are not bailable if the state proves at a hearing under section 3.7 of this chapter: (1) by a preponderance of the evidence that the proof is evident or the presumption strong for the charged offense; and (2) by clear and convincing evidence that: (A) the arrestee poses a substantial risk to the safety of any other person or the community; and (B) no conditions of release will reasonably protect the safety of any other person or the community. (c) In all other cases, offenses are bailable as provided in this chapter. As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.41-2018, SEC.1; P.L.64-2026, SEC.3.

Ind. Code § 35-33-8-3 Repealed

As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.16; P.L.24-1986, SEC.35; P.L.167-1987, SEC.9; P.L.44-1988, SEC.2; P.L.53-1989, SEC.7; P.L.355-1989(ss), SEC.14; P.L.284-1989, SEC.8. Repealed by P.L.1-1990, SEC.341.

Ind. Code § 35-33-8-3.1 Repealed

As added by P.L.1-1990, SEC.342. Amended by P.L.156-1994, SEC.1; P.L.23-1994, SEC.15; P.L.221-1996, SEC.2; P.L.6-1997, SEC.201. Repealed by P.L.107-1998, SEC.6.

Ind. Code § 35-33-8-3.2 Pretrial risk assessment; conditions to assure appearance; remittance of deposit; collection of fees

Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027. Sec. 3.2. (a) After considering the results of the Indiana pretrial risk assessment system (if available), other relevant factors, and bail guidelines described in section 3.8 of this chapter, a court may admit a defendant to bail and impose any of the following conditions to assure the defendant's appearance at any stage of the legal proceedings, or, upon a showing of clear and convincing evidence that the defendant poses a risk of physical danger to another person or the community, to assure the public's physical safety: (1) Require the defendant to: (A) execute a bail bond with sufficient solvent sureties; (B) deposit cash or securities in an amount equal to the bail; (C) execute a bond secured by real estate in the county, where thirty-three hundredths (0.33) of the true tax value less encumbrances is at least equal to the amount of the bail; (D) post a real estate bond; or (E) perform any combination of the requirements described in clauses (A) through (D). If the court requires the defendant to deposit cash or cash and another form of security as bail, the court may require the defendant and each person who makes the deposit on behalf of the defendant to execute an agreement that allows the court to retain all or a part of the cash to pay publicly paid costs of representation and fines, costs, fees, and restitution that the court may order the defendant to pay if the defendant is convicted. Before execution of the agreement, the defendant or person who makes the deposit on behalf of the defendant shall be advised that, upon conviction of the defendant, the court may retain from the cash deposited as bail all or a part of the cash to pay publicly paid costs of representation and fines, costs, fees, and restitution that the court may order the defendant to pay if the defendant is convicted. The defendant must also pay the fee required by subsection (d). (2) Require the defendant to execute: (A) a bail bond by depositing cash or securities with the clerk of the court in an amount not less than ten percent (10%) of the bail; and (B) an agreement that allows the court to retain all or a part of the cash or securities to pay fines, costs, fees, and restitution that the court may order the defendant to pay if the defendant is convicted. A portion of the deposit, not to exceed ten percent (10%) of the monetary value of the deposit or fifty dollars ($50), whichever is the lesser amount, may be retained as an administrative fee. The clerk shall also retain from the deposit under this subdivision fines, costs, fees, and restitution as ordered by the court, publicly paid costs of representation that shall be disposed of in accordance with subsection (b), and the fee required by subsection (d). In the event of the posting of a real estate bond, the bond shall be used only to insure the presence of the defendant at any stage of the legal proceedings, but shall not be foreclosed for the payment of fines, costs, fees, or restitution. The individual posting bail for the defendant or the defendant admitted to bail under this subdivision must be notified by the sheriff, court, or clerk that the defendant's deposit may be forfeited under section 7 of this chapter or retained under subsection (b). (3) Impose reasonable restrictions on the activities, movements, associations, and residence of the defendant during the period of release. (4) Except as provided in section 3.6 of this chapter, require the defendant to refrain from any direct or indirect contact with an individual and, if the defendant has been charged with an offense under IC 35-46-3, any animal belonging to the individual, including if the defendant has not been released from lawful detention. (5) Place the defendant under the reasonable supervision of a probation officer, pretrial services agency, or other appropriate public official. If the court places the defendant under the supervision of a probation officer or pretrial services agency, the court shall determine whether the defendant must pay the pretrial services fee under section 3.3 of this chapter. (6) Release the defendant into the care of a qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court. The supervisor shall maintain reasonable contact with the defendant in order to assist the defendant in making arrangements to appear in court and, where appropriate, shall accompany the defendant to court. The supervisor need not be financially responsible for the defendant. (7) Release the defendant on personal recognizance unless: (A) the state presents evidence relevant to a risk by the defendant: (i) of nonappearance; or (ii) to the physical safety of the public; and (B) the court finds by a preponderance of the evidence that the risk exists. (8) Require a defendant charged with an offense under IC 35-46-3 to refrain from owning, harboring, or training an animal. (9) Require a defendant to participate in a mental health referral program under IC 33-23-18. (10) Impose any other reasonable restrictions designed to assure the defendant's presence in court or the physical safety of another person or the community. (b) Within thirty (30) days after disposition of the charges against the defendant, the court that admitted the defendant to bail shall order the clerk to remit the amount of the deposit remaining under subsection (a)(2) to the person who made the deposit. The portion of the deposit that is not remitted to the person who made the deposit shall be deposited by the clerk in the supplemental public defender services fund established under IC 33-40-3. (c) For purposes of subsection (b), "disposition" occurs when the indictment or information is dismissed or the defendant is acquitted or convicted of the charges. (d) Except as provided in subsection (e), the clerk of the court shall: (1) collect a fee of five dollars ($5) from each bond or deposit required under subsection (a)(1); and (2) retain a fee of five dollars ($5) from each deposit under subsection (a)(2). The clerk of the court shall semiannually remit the fees collected under this subsection to the board of trustees of the Indiana public retirement system for deposit in the special death benefit fund. The fee required by subdivision (2) is in addition to the administrative fee retained under subsection (a)(2). (e) With the approval of the clerk of the court, the county sheriff may collect the bail posted under this section. The county sheriff shall remit the bail to the clerk of the court by the following business day and remit monthly the five dollar ($5) special death benefit fee to the county auditor. (f) When a court imposes a condition of bail described in subsection (a)(4): (1) the clerk of the court shall comply with IC 5-2-9; and (2) the prosecuting attorney shall file a confidential form prescribed or approved by the office of judicial administration with the clerk. (g) The clerk of the court shall record the name, address, and bail agent license number, if applicable, of the bail agent or a person authorized by the surety posting bail for the defendant in the county court electronic case management system. As added by P.L.107-1998, SEC.2. Amended by P.L.1-2001, SEC.36; P.L.1-2003, SEC.91; P.L.98-2004, SEC.140; P.L.10-2005, SEC.4; P.L.1-2006, SEC.528; P.L.97-2006, SEC.1; P.L.173-2006, SEC.42; P.L.1-2007, SEC.226; P.L.104-2008, SEC.6; P.L.111-2009, SEC.7; P.L.94-2010, SEC.9; P.L.35-2012, SEC.107; P.L.187-2017, SEC.5; P.L.161-2018, SEC.115; P.L.147-2022, SEC.6; P.L.205-2023, SEC.30.

Ind. Code § 35-33-8-3.2 Pretrial risk assessment; conditions to assure appearance; remittance of deposit; collection of fees

Note: This version of section effective 1-1-2027. See also preceding version of this section, effective until 1-1-2027. Sec. 3.2. (a) After considering the results of the Indiana pretrial risk assessment system (if available), other relevant factors, and bail guidelines described in section 3.8 of this chapter, a court may admit a defendant to bail and impose any of the following conditions to assure the defendant's appearance at any stage of the legal proceedings, or, upon a showing of clear and convincing evidence that the defendant poses a risk of physical danger to another person or the community, to assure the public's physical safety: (1) Require the defendant to: (A) execute a bail bond with sufficient solvent sureties; (B) deposit cash or securities in an amount equal to the bail; (C) execute a bond secured by real estate in the county, where thirty-three hundredths (0.33) of the true tax value less encumbrances is at least equal to the amount of the bail; (D) post a real estate bond; or (E) perform any combination of the requirements described in clauses (A) through (D). If the court requires the defendant to deposit cash or cash and another form of security as bail, the court may require the defendant and each person who makes the deposit on behalf of the defendant to execute an agreement that allows the court, without holding an indigency hearing, to retain all or a part of the cash to pay publicly paid costs of representation and fines, costs, fees, and restitution that the court may order the defendant to pay if the defendant is convicted. Before execution of the agreement, the defendant or person who makes the deposit on behalf of the defendant shall be advised that, upon conviction of the defendant, the court may retain from the cash deposited as bail all or a part of the cash to pay publicly paid costs of representation and fines, costs, fees, and restitution that the court may order the defendant to pay if the defendant is convicted. The defendant must also pay the fee required by subsection (d). (2) Require the defendant to execute: (A) a bail bond by depositing cash or securities with the clerk of the court in an amount not less than ten percent (10%) of the bail; and (B) an agreement that allows the court to retain all or a part of the cash or securities to pay fines, costs, fees, and restitution that the court may order the defendant to pay if the defendant is convicted. A portion of the deposit, not to exceed ten percent (10%) of the monetary value of the deposit or fifty dollars ($50), whichever is the lesser amount, may be retained as an administrative fee. The clerk shall also retain from the deposit under this subdivision fines, costs, fees, and restitution as ordered by the court, publicly paid costs of representation that shall be disposed of in accordance with subsection (b), and the fee required by subsection (d). In the event of the posting of a real estate bond, the bond shall be used only to insure the presence of the defendant at any stage of the legal proceedings, but shall not be foreclosed for the payment of fines, costs, fees, or restitution. The individual posting bail for the defendant or the defendant admitted to bail under this subdivision must be notified by the sheriff, court, or clerk that the defendant's deposit may be forfeited under section 7 of this chapter or retained under subsection (b). (3) Impose reasonable restrictions on the activities, movements, associations, and residence of the defendant during the period of release. (4) Except as provided in section 3.6 of this chapter, require the defendant to refrain from any direct or indirect contact with an individual and, if the defendant has been charged with an offense under IC 35-46-3, any animal belonging to the individual, including if the defendant has not been released from lawful detention. (5) Place the defendant under the reasonable supervision of a probation officer, pretrial services agency, or other appropriate public official. If the court places the defendant under the supervision of a probation officer or pretrial services agency, the court shall determine whether the defendant must pay the pretrial services fee under section 3.3 of this chapter. (6) Release the defendant into the care of a qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court. The supervisor shall maintain reasonable contact with the defendant in order to assist the defendant in making arrangements to appear in court and, where appropriate, shall accompany the defendant to court. The supervisor need not be financially responsible for the defendant. (7) Release the defendant on personal recognizance unless: (A) the state presents evidence relevant to a risk by the defendant: (i) of nonappearance; or (ii) to the physical safety of the public; and (B) the court finds by a preponderance of the evidence that the risk exists. (8) Require a defendant charged with an offense under IC 35-46-3 to refrain from owning, harboring, or training an animal. (9) Require a defendant to participate in a mental health referral program under IC 33-23-18. (10) Impose any other reasonable restrictions designed to assure the defendant's presence in court or the physical safety of another person or the community. (b) Within thirty (30) days after disposition of the charges against the defendant, the court that admitted the defendant to bail shall order the clerk to remit the amount of the deposit remaining under subsection (a)(2) to the person who made the deposit. The portion of the deposit that is not remitted to the person who made the deposit shall be deposited by the clerk in the supplemental public defender services fund established under IC 33-40-3. (c) For purposes of subsection (b), "disposition" occurs when the indictment or information is dismissed or the defendant is acquitted or convicted of the charges. (d) Except as provided in subsection (e), the clerk of the court shall: (1) collect a fee of five dollars ($5) from each bond or deposit required under subsection (a)(1); and (2) retain a fee of five dollars ($5) from each deposit under subsection (a)(2). The clerk of the court shall semiannually remit the fees collected under this subsection to the board of trustees of the Indiana public retirement system for deposit in the special death benefit fund. The fee required by subdivision (2) is in addition to the administrative fee retained under subsection (a)(2). (e) With the approval of the clerk of the court, the county sheriff may collect the bail posted under this section. The county sheriff shall remit the bail to the clerk of the court by the following business day and remit monthly the five dollar ($5) special death benefit fee to the county auditor. (f) When a court imposes a condition of bail described in subsection (a)(4): (1) the clerk of the court shall comply with IC 5-2-9; and (2) the prosecuting attorney shall file a confidential form prescribed or approved by the office of judicial administration with the clerk. (g) The clerk of the court shall record the name, address, and bail agent license number, if applicable, of the bail agent or a person authorized by the surety posting bail for the defendant in the county court electronic case management system. As added by P.L.107-1998, SEC.2. Amended by P.L.1-2001, SEC.36; P.L.1-2003, SEC.91; P.L.98-2004, SEC.140; P.L.10-2005, SEC.4; P.L.1-2006, SEC.528; P.L.97-2006, SEC.1; P.L.173-2006, SEC.42; P.L.1-2007, SEC.226; P.L.104-2008, SEC.6; P.L.111-2009, SEC.7; P.L.94-2010, SEC.9; P.L.35-2012, SEC.107; P.L.187-2017, SEC.5; P.L.161-2018, SEC.115; P.L.147-2022, SEC.6; P.L.205-2023, SEC.30; P.L.64-2026, SEC.4.

Ind. Code § 35-33-8-3.3 Pretrial services fee

Sec. 3.3. (a) This section does not apply to a defendant charged in a city or town court. (b) If a defendant who has a prior unrelated conviction for any offense is charged with a new offense and placed under the supervision of a probation officer or pretrial services agency, the court may order the defendant to pay the pretrial services fee prescribed under subsection (e) if: (1) the defendant has the financial ability to pay the fee; and (2) the court finds by clear and convincing evidence that supervision by a probation officer or pretrial services agency is necessary to ensure the: (A) defendant's appearance in court; or (B) physical safety of the community or of another person. (c) If a clerk of a court collects a pretrial services fee, the clerk may retain not more than three percent (3%) of the fee to defray the administrative costs of collecting the fee. The clerk shall deposit amounts retained under this subsection in the clerk's record perpetuation fund established under IC 33-37-5-2. (d) If a clerk of a court collects a pretrial services fee from a defendant, upon request of the county auditor, the clerk shall transfer not more than three percent (3%) of the fee to the county auditor for deposit in the county general fund. (e) The court may order a defendant who is supervised by a probation officer or pretrial services agency and charged with an offense to pay: (1) an initial pretrial services fee of at least twenty-five dollars ($25) and not more than one hundred dollars ($100); (2) a monthly pretrial services fee of at least fifteen dollars ($15) and not more than thirty dollars ($30) for each month the defendant remains on bail and under the supervision of a probation officer or pretrial services agency; and (3) an administrative fee of one hundred dollars ($100); to the probation department, pretrial services agency, or clerk of the court if the defendant meets the conditions set forth in subsection (b). (f) The probation department, pretrial services agency, or clerk of the court shall collect the administrative fee under subsection (e)(3) before collecting any other fee under subsection (e). Except for the money described in subsections (c) and (d), all money collected by the probation department, pretrial services agency, or clerk of the court under this section shall be transferred to the county treasurer, who shall deposit fifty percent (50%) of the money into the county supplemental adult probation services fund and fifty percent (50%) of the money into the county supplemental public defender services fund (IC 33-40-3-1). The fiscal body of the county shall appropriate money from the county supplemental adult probation services fund: (1) to the county, superior, or circuit court of the county that provides probation services or pretrial services to adults to supplement adult probation services or pretrial services; and (2) to supplement the salary of: (A) an employee of a pretrial services agency; or (B) a probation officer in accordance with the schedule adopted by the county fiscal body under IC 36-2-16.5. (g) The county supplemental adult probation services fund may be used only to supplement adult probation services or pretrial services and to supplement salaries for probation officers or employees of a pretrial services agency. A supplemental probation services fund may not be used to replace other probation services or pretrial services funding. Any money remaining in the fund at the end of a fiscal year does not revert to any other fund but continues in the county supplemental adult probation services fund. (h) A defendant who is charged with more than one (1) offense and who is supervised by the probation department or pretrial services agency as a condition of bail may not be required to pay more than: (1) one (1) initial pretrial services fee; and (2) one (1) monthly pretrial services fee per month. (i) A probation department or pretrial services agency may petition a court to: (1) impose a pretrial services fee on a defendant; or (2) increase a defendant's pretrial services fee; if the financial ability of the defendant to pay a pretrial services fee changes while the defendant is on bail and supervised by a probation officer or pretrial services agency. (j) An order to pay a pretrial services fee under this section: (1) is a judgment lien that, upon the defendant's conviction: (A) attaches to the property of the defendant; (B) may be perfected; (C) may be enforced to satisfy any payment that is delinquent under this section; and (D) expires; in the same manner as a judgment lien created in a civil proceeding; (2) is not discharged by the disposition of charges against the defendant or by the completion of a sentence, if any, imposed on the defendant; (3) is not discharged by the liquidation of a defendant's estate by a receiver under IC 32-30-5; and (4) is immediately terminated if a defendant is acquitted or if charges against the defendant are dropped. (k) If a court orders a defendant to pay a pretrial services fee, the court may, upon the defendant's conviction, enforce the order by garnishing the wages, salary, and other income earned by the defendant. (l) In addition to other methods of payment allowed by law, a probation department or pretrial services agency may accept payment of a pretrial services fee by credit card (as defined in IC 14-11-1-7(a)). The liability for payment is not discharged until the probation department or pretrial services agency receives payment or credit from the institution responsible for making the payment or credit. (m) The probation department or pretrial services agency may contract with a bank or credit card vendor for acceptance of a bank or credit card. However, if there is a vendor transaction charge or discount fee, whether billed to the probation department or pretrial services agency, or charged directly to the account of the probation department or pretrial services agency, the probation department or pretrial services agency may collect a credit card service fee from the person using the bank or credit card. The fee collected under this subsection is a permitted additional charge to the fee or fees the defendant may be required to pay under subsection (e). (n) The probation department or pretrial services agency shall forward a credit card service fee collected under subsection (m) to the county treasurer in accordance with subsection (f). These funds may be used without appropriation to pay the transaction charge or discount fee charged by the bank or credit card vendor. As added by P.L.173-2006, SEC.43. Amended by P.L.217-2014, SEC.189.

Ind. Code § 35-33-8-3.4 Bail procedures for a violent arrestee

Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027. Sec. 3.4. (a) This section applies only to a violent arrestee. (b) As used in this section, "violent arrestee" means a person arrested for or charged with a crime of violence (as defined in IC 35-31.5-2-79), that is a Level 1 felony, Level 2 felony, Level 3 felony, Level 4 felony, or Level 5 felony. (c) A violent arrestee may only be released on bail set individually by the court following a hearing held in open court. Before releasing a violent arrestee on bail the court must: (1) review the probable cause affidavit or arrest warrant; and (2) impose money bail payable by surety bond or cash deposit. (d) In accordance with IC 27-10-2-4.5(g)(2), a charitable bail organization may not pay money bail imposed under this section on behalf of a violent arrestee. As added by P.L.197-2025, SEC.1. Amended by P.L.85-2026, SEC.19.

Ind. Code § 35-33-8-3.4 Bail procedures for a violent arrestee

Note: This version of section effective 1-1-2027. See also preceding version of this section, effective until 1-1-2027. Sec. 3.4. (a) This section applies only to a violent arrestee. (b) As used in this section, "violent arrestee" means a person arrested for or charged with a crime of violence (as defined in IC 35-31.5-2-79), that is a Level 1 felony, Level 2 felony, Level 3 felony, Level 4 felony, or Level 5 felony. (c) A violent arrestee may only be released on bail set individually by the court following a hearing held in open court. Before releasing a violent arrestee on bail, the court must: (1) review the probable cause affidavit or arrest warrant; and (2) set an amount for money bail, the full amount which must be payable by: (A) surety bond; (B) cash deposit; or (C) a combination surety bond and cash deposit. (d) In accordance with IC 27-10-2-4.5(g)(2), a charitable bail organization may not pay money bail imposed under this section on behalf of a violent arrestee. As added by P.L.197-2025, SEC.1. Amended by P.L.85-2026, SEC.19; P.L.64-2026, SEC.5; P.L.145-2026, SEC.288.

Ind. Code § 35-33-8-3.5 Bail procedures for a sexually violent predator defendant

Sec. 3.5. (a) This section applies only to a sexually violent predator defendant. (b) As used in this section, "sexually violent predator defendant" means a person who: (1) is a sexually violent predator under IC 35-38-1-7.5; and (2) is arrested for or charged with the commission of an offense that would classify the person as a sex or violent offender (as defined in IC 11-8-8-5). (c) A court may not admit a: (1) sexually violent predator defendant; (2) person charged with child molesting (IC 35-42-4-3); or (3) person charged with child solicitation (IC 35-42-4-6); to bail until the court has conducted a bail hearing in open court. Except as provided in section 6 of this chapter, the court shall conduct a bail hearing not later than forty-eight (48) hours after the person has been arrested, unless exigent circumstances prevent holding the hearing within forty-eight (48) hours. (d) At the conclusion of the hearing described in subsection (c) and after consideration of the bail guidelines described in section 3.8 of this chapter, the court shall consider whether the factors described in section 4 of this chapter warrant the imposition of a bail amount that exceeds court or county guidelines, if applicable. As added by P.L.74-2008, SEC.1. Amended by P.L.187-2017, SEC.6.

Ind. Code § 35-33-8-3.6 Automatic no contact order for certain defendants placed on bail; time limits; modification

Sec. 3.6. (a) This section applies only to a defendant who is charged with committing a violent crime (as defined in IC 5-2-6.1-8) that results in bodily injury to a person. (b) If a court releases a defendant described in subsection (a) to bail without holding a bail hearing in open court, the court shall include as a condition of bail the requirement that the defendant refrain from any direct or indirect contact with the victim: (1) for ten (10) days after release; or (2) until the initial hearing; whichever occurs first. (c) At the initial hearing, the court may reinstate or modify the condition that the defendant refrain from direct or indirect contact with the victim. As added by P.L.94-2010, SEC.10.

Ind. Code § 35-33-8-3.7 Hearings to deny bail; time limitations; representation rights of arrestee; factors to deny bail; findings and conclusions; reconsideration of orders denying bail

Effective 1-1-2027. Sec. 3.7. (a) This section does not apply to a charge of murder. A person charged with murder shall be detained as provided in section 2 of this chapter. (b) For a charge other than murder, on motion of the state at or before an initial hearing, the court shall hold a hearing to determine whether an arrestee shall be denied bail. The state may request detention of the arrestee at a later date if it files a verified petition alleging the existence of new information that was unknown or unavailable at the time of the initial hearing. (c) The court shall hold the bail hearing described in subsection (b) not later than forty-eight (48) hours from the time of filing, unless doing so is impracticable. However, the court may grant a continuance of: (1) not more than five (5) days, if requested by the arrestee; and (2) not more than three (3) days, if requested by the state. Computation of time under this subsection does not include Saturday, Sunday, or any day on which a legal holiday is observed for state employees as provided under IC 1-1-9. (d) At the bail hearing, the arrestee has the right to be represented by counsel and, if the arrestee is indigent, to have counsel appointed. (e) In making a determination of whether to deny bail, a court shall consider the following factors, in addition to any other fact or circumstance relevant to reasonably assuring appearance and the safety of any other person or the community: (1) The nature and circumstances of the offense charged, including whether the offense is an offense of violence or involves alcohol or drug abuse. (2) The weight of the evidence against the arrestee. (3) The history and characteristics of the arrestee, including: (A) the character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, and criminal history of the arrestee; and (B) whether, at the time of the current alleged offense or at the time of the arrest of the arrestee, the arrestee was on probation, parole, community corrections, or release pending trial, sentencing, appeal, or completion of sentence for the commission of an offense under the laws of this state, another state, or the United States. (4) The nature and seriousness of the danger to any person or the community that would be posed by the arrestee's release. (5) The availability, suitability, and effectiveness of less restrictive alternatives to detention and specific conditions of release that could reasonably mitigate the identified risk. (6) Any other fact or circumstance that is relevant to reasonably assuring the appearance of the arrestee and the safety of any other person or the community. (f) If the court denies bail under this section, the court shall issue written findings and conclusions setting forth reasons for the denial. (g) No evidence or finding from a hearing under this section is admissible as substantive evidence at a trial concerning the offense for which the hearing was conducted. The evidence or findings may be admissible as impeachment or in a prosecution for perjury. (h) If the court determines that an arrestee should not be denied bail, the court shall set terms of pretrial release for the arrestee in accordance with this chapter. (i) An order granting or denying bail is a final appealable order. (j) A court may reconsider an order granting or denying bail under this section if, at any time before trial, the court is made aware of information that was unknown or unobtainable at the time of a previous hearing and that has a material bearing on the issue of whether there are conditions of release that will reasonably assure the safety of any other person or the community. The court may order a new hearing under this section upon motion of the state, the arrestee, or on its own motion. As added by P.L.64-2026, SEC.6.

Ind. Code § 35-33-8-3.8 Bail following pretrial risk assessment

Note: This version of section effective until 1-1-2027. See also following version of this section, effective 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. 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.

Ind. Code § 35-33-8-3.8 Bail following pretrial risk assessment

Note: 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.

Ind. Code § 35-33-8-3.9 Money bail; conditions; agreement

Sec. 3.9. (a) If the court determines that an arrestee is to be held subject to money bail, the court is authorized to determine the amount of bail and whether the bail may be satisfied by surety bond or cash deposit. (b) The court may set and accept a partial cash payment of the bail upon conditions set by the court, including the arrestee's agreement (and the agreement of a person who makes a cash payment on behalf of an arrestee, if applicable) that all court costs, fees, and expenses associated with the proceeding shall be paid from the partial payment. (c) If the court authorizes the acceptance of a cash partial payment to satisfy bail, the court shall first secure the arrestee's agreement (and the agreement of a person who makes a cash payment on behalf of an arrestee, if applicable) that, in the event of failure to appear as scheduled, the deposit shall be forfeited and the arrestee must also pay any additional amounts needed to satisfy the full amount of bail plus associated court costs, fees, and expenses. As added by P.L.187-2017, SEC.8.

Ind. Code § 35-33-8-4 Amount of bail; order; indorsement; facts taken into account

Sec. 4. (a) The court shall order the amount in which a person charged by an indictment or information is to be held to bail, and the clerk shall enter the order on the order book and indorse the amount on each warrant when issued. If no order fixing the amount of bail has been made, the sheriff shall present the warrant to the judge of an appropriate court of criminal jurisdiction, and the judge shall indorse on the warrant the amount of bail. (b) Bail may not be set higher than that amount reasonably required to assure the defendant's appearance in court or to assure the physical safety of another person or the community if the court finds by clear and convincing evidence that the defendant poses a risk to the physical safety of another person or the community. In setting and accepting an amount of bail, the judicial officer shall consider the bail guidelines described in section 3.8 of this chapter and take into account all facts relevant to the risk of nonappearance, including: (1) the length and character of the defendant's residence in the community; (2) the defendant's employment status and history and the defendant's ability to give bail; (3) the defendant's family ties and relationships; (4) the defendant's character, reputation, habits, and mental condition; (5) the defendant's criminal or juvenile record, insofar as it demonstrates instability and a disdain for the court's authority to bring the defendant to trial; (6) the defendant's previous record in not responding to court appearances when required or with respect to flight to avoid criminal prosecution; (7) the nature and gravity of the offense and the potential penalty faced, insofar as these factors are relevant to the risk of nonappearance; (8) the source of funds or property to be used to post bail or to pay a premium, insofar as it affects the risk of nonappearance; (9) that the defendant is a foreign national who is unlawfully present in the United States under federal immigration law; and (10) any other factors, including any evidence of instability and a disdain for authority, which might indicate that the defendant might not recognize and adhere to the authority of the court to bring the defendant to trial. As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.221-1996, SEC.3; P.L.171-2011, SEC.21; P.L.187-2017, SEC.9.

Ind. Code § 35-33-8-4.5 Foreign national unlawfully present; bail; insurer released from liability

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.

Ind. Code § 35-33-8-5 Alteration or revocation of bail

Sec. 5. (a) Upon a showing of good cause, the state or the defendant may be granted an alteration or revocation of bail by application to the court before which the proceeding is pending. In reviewing a motion for alteration or revocation of bail, credible hearsay evidence is admissible to establish good cause. (b) When the state presents additional: (1) evidence relevant to a high risk of nonappearance, based on the factors set forth in section 4(b) of this chapter; or (2) clear and convincing evidence: (A) of the factors described in IC 35-40-6-6(1)(A) and IC 35-40-6-6(1)(B); or (B) that the defendant otherwise poses a risk to the physical safety of another person or the community; the court may increase bail. If the additional evidence presented by the state is DNA evidence tending to show that the defendant committed additional crimes that were not considered at the time the defendant was admitted to bail, the court may increase or revoke bail. (c) When the defendant presents additional evidence of substantial mitigating factors, based on the factors set forth in section 4(b) of this chapter, which reasonably suggests that the defendant recognizes the court's authority to bring the defendant to trial, the court may reduce bail. However, the court may not reduce bail if the court finds by clear and convincing evidence that the factors described in IC 35-40-6-6(1)(A) and IC 35-40-6-6(1)(B) exist or that the defendant otherwise poses a risk to the physical safety of another person or the community. (d) The court may revoke bail or an order for release on personal recognizance upon clear and convincing proof by the state that: (1) while admitted to bail the defendant: (A) or the defendant's agent threatened or intimidated a victim, prospective witnesses, or jurors concerning the pending criminal proceeding or any other matter; (B) or the defendant's agent attempted to conceal or destroy evidence relating to the pending criminal proceeding; (C) violated any condition of the defendant's current release order; (D) failed to appear before the court as ordered at any critical stage of the proceedings; or (E) committed a felony or a Class A misdemeanor that demonstrates instability and a disdain for the court's authority to bring the defendant to trial; (2) the factors described in IC 35-40-6-6(1)(A) and IC 35-40-6-6(1)(B) exist or that the defendant otherwise poses a risk to the physical safety of another person or the community; or (3) a combination of the factors described in subdivisions (1) and (2) exists. As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.36-1990, SEC.6; P.L.107-1998, SEC.3; P.L.98-2004, SEC.141; P.L.111-2017, SEC.8.

Ind. Code § 35-33-8-6 Probationers, parolees, or persons on other community supervision; detention; notice to appropriate authority; revocation proceedings

Sec. 6. The court may detain, for a maximum period of fifteen (15) calendar days, a person charged with any offense who comes before it for a bail determination, if the person is on probation, parole, or other community supervision. During the fifteen (15) day period, the prosecuting attorney shall notify the appropriate parole, probation, or other community supervision authority. If that authority fails to initiate probation or parole revocation proceedings during the fifteen (15) day period, the person shall be treated in accordance with the other sections of this chapter. As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.174-2021, SEC.39.

Ind. Code § 35-33-8-6.5 Twenty-four hour bail holding period for person arrested for certain domestic violence crimes

Sec. 6.5. (a) The court, or a facility having custody of a person, may not release a person on bail for at least twenty-four (24) hours from the time of the person's arrest if the person is arrested for one (1) or more of the following offenses committed against a family or household member: (1) A crime of domestic violence (as described in IC 35-31.5-2-78). (2) Battery (IC 35-42-2-1). (3) Domestic battery (IC 35-42-2-1.3). (4) Aggravated battery (IC 35-42-2-1.5). (5) Strangulation (IC 35-42-2-9). (6) Rape (IC 35-42-4-1). (7) Sexual battery (IC 35-42-4-8). (8) Invasion of privacy (IC 35-46-1-15.1). (9) Criminal stalking (IC 35-45-10-5). (10) Criminal recklessness (IC 35-42-2-2). (11) Criminal confinement (IC 35-42-3-3). (12) Burglary (IC 35-43-2-1). (13) Residential entry (IC 35-43-2-1.5). (b) A court may not release a person described in subsection (a) on bail until the court has conducted a bail hearing in open court. As added by P.L.44-2008, SEC.2. Amended by P.L.114-2012, SEC.70; P.L.28-2023, SEC.1; P.L.218-2025, SEC.11.

Ind. Code § 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

Sec. 7. (a) If a defendant: (1) was admitted to bail under section 3.2(a)(2) of this chapter; and (2) has failed to appear before the court as ordered; the court shall, except as provided in subsection (b) or section 8(b) of this chapter, declare the bond forfeited not earlier than one hundred twenty (120) days or more than three hundred sixty-five (365) days after the defendant's failure to appear and issue a warrant for the defendant's arrest. (b) In a criminal case, if the court having jurisdiction over the criminal case receives written notice of a pending civil action or unsatisfied judgment against the criminal defendant arising out of the same transaction or occurrence forming the basis of the criminal case, funds deposited with the clerk of the court under section 3.2(a)(2) of this chapter may not be declared forfeited by the court, and the court shall order the deposited funds to be held by the clerk. If there is an entry of final judgment in favor of the plaintiff in the civil action, and if the deposit and the bond are subject to forfeiture, the criminal court shall order payment of all or any part of the deposit to the plaintiff in the action, as is necessary to satisfy the judgment. The court shall then order the remainder of the deposit, if any, and the bond forfeited. (c) Any proceedings concerning the bond, or its forfeiture, judgment, or execution of judgment, shall be held in the court that admitted the defendant to bail. (d) After a bond has been forfeited under subsection (a) or (b), the clerk shall mail notice of forfeiture to the defendant. In addition, unless the court finds that there was justification for the defendant's failure to appear, the court shall immediately enter judgment, without pleadings and without change of judge or change of venue, against the defendant for the amount of the bail bond, and the clerk shall record the judgment. (e) If a bond is forfeited and the court has entered a judgment under subsection (d), the clerk shall transfer to the state common school fund: (1) any amount remaining on deposit with the court (less the fees retained by the clerk); and (2) any amount collected in satisfaction of the judgment. (f) The clerk shall return a deposit, less the administrative fee, made under section 3.2(a)(2) of this chapter to the defendant, if the defendant appeared at trial and the other critical stages of the legal proceedings. As added by Acts 1982, P.L.204, SEC.17. Amended by P.L.167-1987, SEC.10; P.L.44-1988, SEC.3; P.L.1-1990, SEC.343; P.L.36-1990, SEC.7; P.L.107-1998, SEC.4; P.L.105-2010, SEC.9; P.L.187-2017, SEC.11.

Ind. Code § 35-33-8-8 Failure to appear; pending civil action or unsatisfied judgment; same transaction or occurrence; forfeiture; order for payment

Sec. 8. (a) If a defendant was admitted to bail under section 3.2(a) of this chapter and the defendant has knowingly and intentionally failed to appear before the court as ordered, the court: (1) shall issue a warrant for the defendant's arrest; (2) may not release the defendant on personal recognizance; and (3) may not set bail for the rearrest of the defendant on the warrant at an amount that is less than the greater of: (A) the amount of the original bail; or (B) two thousand five hundred dollars ($2,500); in the form of a bond issued by an entity defined in IC 27-10-1-7 or the full amount of the bond in cash. (b) In a criminal case, if the court having jurisdiction over the criminal case receives written notice of a pending civil action or unsatisfied judgment against the criminal defendant arising out of the same transaction or occurrence forming the basis of the criminal case, funds deposited with the clerk of the court under section 3.2(a)(2) of this chapter may not be declared forfeited by the court, and the court shall order the deposited funds to be held by the clerk. If there is an entry of final judgment in favor of the plaintiff in the civil action, and if the deposit is subject to forfeiture, the criminal court shall order payment of all or any part of the deposit to the plaintiff in the action, as is necessary to satisfy the judgment. The court shall then order the remainder of the deposit, if any, forfeited. As added by P.L.36-1990, SEC.8. Amended by P.L.224-1993, SEC.31; P.L.107-1998, SEC.5.

Ind. Code § 35-33-8-9 Repealed

As added by P.L.173-2003, SEC.16; added by P.L.277-2003, SEC.9. Repealed by P.L.65-2004, SEC.23.

Ind. Code § 35-33-8-10 Credit card service fee

Sec. 10. In addition to any other condition of bail imposed under this chapter, a defendant who posts bail by means of a credit card shall pay the credit card service fee under IC 33-37-6. As added by P.L.65-2004, SEC.11.

Ind. Code § 35-33-8-11 Authority to require that persons charged with a crime of domestic violence to wear a monitoring device; liability for costs

Sec. 11. (a) Except as provided in subsection (c), a court may require a person who has been charged with a crime of domestic violence (as described in IC 35-31.5-2-78) to wear a monitoring device as a condition of bail. (b) A court may order a person who is required to wear a monitoring device under subsection (a) to pay any costs associated with the monitoring device. (c) A court shall consider requiring a person to wear a monitoring device as a condition of bail if the person: (1) is charged with a crime of domestic violence (as described in IC 35-31.5-2-78); (2) has a prior unrelated conviction for a violent offense (as described in IC 11-12-3.7-6); and (3) has at least one (1) prior conviction for invasion of privacy (as described in IC 35-46-1-15.1). As added by P.L.94-2010, SEC.11. Amended by P.L.114-2012, SEC.71; P.L.84-2022, SEC.11; P.L.197-2025, SEC.2.

Ind. Code § 35-33-8-12 Collection of data concerning bail and rearrest

Sec. 12. (a) As used in this section, "disposition" has the meaning set forth in section 3.2(c) of this chapter. (b) The Indiana criminal justice institute shall collect the following data from each court exercising criminal jurisdiction in Indiana: (1) Of those defendants who are released on personal recognizance, the number of defendants who are charged with another offense before the disposition of the defendant's prior charges. (2) Of those defendants who are released pursuant to the payment of money bail, the number of defendants who are charged with another offense before the disposition of the defendant's prior charges. (c) Data collected under subsection (b) shall be compiled in such a manner to present the rate at which defendants are charged with another offense for: (1) the entire state; and (2) each county. (d) The Indiana criminal justice institute shall, before August 1, 2021, and before August 1 of each year thereafter, submit an annual report containing the information collected under this section to the legislative council in an electronic format under IC 5-14-6. The initial report submitted by the Indiana criminal justice institute before August 1, 2021, must also include all data described in subsection (b) for the period beginning after December 31, 2019, through December 31, 2020. As added by P.L.138-2020, SEC.24. Amended by P.L.126-2024, SEC.5.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/35Fetched: 10/17/2026

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