reglab/housing_qa huggingface dataset:
IN Code § 35-33-7-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 7. Probable Cause; Initial Hearing|35-33-7-5. Informing of Accused

Sec. 5. At the initial hearing of a person, the judicial officer shall inform the person orally or in writing:(1) that the person has a right to retain counsel and if the person intends to retain counsel the person must do so within:(A) twenty (20) days if the person is charged with a felony; or(B) ten (10) days if the person is charged only with one (1) or more misdemeanors;after this initial hearing because there are deadlines for filing motions and raising defenses, and if those deadlines are missed, the legal issues and defenses that could have been raised will be waived;(2) that the person has a right to assigned counsel at no expense to the person if the person is indigent;(3) that the person has a right to a speedy trial;(4) of the amount and conditions of bail;(5) of the person's privilege against self-incrimination;(6) of the nature of the charge against the person;(7) that a preliminary plea of not guilty is being entered for the person and the preliminary plea of not guilty will become a formal plea of not guilty:(A) twenty (20) days after the completion of the initial hearing; or(B) ten (10) days after the completion of the initial hearing if the person is charged only with one (1) or more misdemeanors;unless the defendant enters a different plea; and(8) that the person may request to petition for a specialized driving privileges hearing if the person is charged with:(A) any offense in which the operation of a motor vehicle is an element of the offense;(B) any offense under IC 9-30-5, IC 35-46-9, or IC 14-15-8 (before its repeal); or(C) any offense under IC 35-42-1, IC 35-42-2, or IC 35-44.1-3-1 that involves the use of a vehicle.In addition, the judge shall direct the prosecuting attorney to give the defendant or the defendant's attorney a copy of any formal felony charges filed or ready to be filed. The judge shall, upon request of the defendant, direct the prosecuting attorney to give the defendant or the defendant's attorney a copy of any formal misdemeanor charges filed or ready to be filed.As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.14; P.L.320-1983, SEC.10; P.L.46-2018, SEC.6.
IN Code § 35-33-7-6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 7. Probable Cause; Initial Hearing|35-33-7-6. Indigent Defendant; Assignment of Counsel; Payment to Supplemental Public Defender Services Fund

Sec. 6. (a) Prior to the completion of the initial hearing, the judicial officer shall determine whether a person who requests assigned counsel is indigent under section 6.5 of this chapter. If the person is found to be indigent, the judicial officer shall assign counsel to the person.(b) If jurisdiction over an indigent defendant is transferred to another court, the receiving court shall assign counsel immediately upon acquiring jurisdiction over the defendant.(c) If the court finds that the person is able to pay part of the cost of representation by the assigned counsel, the court shall order the person to pay the following:(1) For a felony action, a fee of one hundred dollars ($100).(2) For a misdemeanor action, a fee of fifty dollars ($50).If the court orders the person to pay an amount described in subdivision (1) or (2), the court shall inquire at sentencing whether the person has paid the required amount. The clerk of the court shall deposit fees collected under this subsection in the county's supplemental public defender services fund established under IC 33-40-3-1.(d) The court may review the finding of indigency at any time during the proceedings if:(1) the court receives evidence of a material change in the person's income or assets; or(2) the person has failed to provide the court with sufficient evidence, including documentary evidence, to sustain the court's initial indigency determination.As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.216-1996, SEC.11; P.L.98-2004, SEC.139; P.L.140-2020, SEC.1.
IN Code § 35-33-7-6.5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 7. Probable Cause; Initial Hearing|35-33-7-6.5. Procedure to Determine Indigency; Prorated Payments

Sec. 6.5. (a) In determining whether a person is indigent, the court shall consider the following:(1) The person's assets.(2) The person's income.(3) The person's necessary expenses.(b) The court may consider that a person's eligibility for:(1) the federal Supplemental Nutrition Assistance Program (SNAP) (except for 21 U.S.C. 862a(a));(2) the federal and Indiana TANF (Temporary Assistance for Needy Families) program (except for 21 U.S.C. 862a(a)); or(3) another need based public assistance program;constitutes sufficient evidence to establish that a person is indigent.(c) The court may issue an initial indigency determination pending receipt of documentary or other evidence from the person concerning the person's income, assets, expenses, or welfare eligibility.(d) If the court finds that the person is able to pay some of the fines, fees, and court costs, the court may prorate the person's fine, fee, and court costs, and require the person to pay an amount that the person can reasonably afford.As added by P.L.140-2020, SEC.2.
IN Code § 35-33-7-7 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 7. Probable Cause; Initial Hearing|35-33-7-7. Order of Release Not to Bar Further Proceedings

Sec. 7. An order releasing a person under this chapter does not bar further proceedings in the case.As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.15.
IN Code § 35-33-8-0.1 (2021)
2021 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

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.
IN Code § 35-33-8-0.5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8. Bail and Bail Procedure|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.
IN Code § 35-33-8-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8. Bail and Bail Procedure|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.
IN Code § 35-33-8-1.5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8. Bail and Bail Procedure|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.
IN Code § 35-33-8-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8. Bail and Bail Procedure|35-33-8-2. Murder; Other Offenses

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.
IN Code § 35-33-8-3.5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8. Bail and Bail Procedure|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.
IN Code § 35-33-8-3.6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8. Bail and Bail Procedure|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.
IN Code § 35-33-8-3.8 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|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.
IN Code § 35-33-8-3.9 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8. Bail and Bail Procedure|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.
IN Code § 35-33-8-4 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8. Bail and Bail Procedure|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.
IN Code § 35-33-8-4.5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8. Bail and Bail Procedure|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.
IN Code § 35-33-8-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8. Bail and Bail Procedure|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.
IN Code § 35-33-8-6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8. Bail and Bail Procedure|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.
IN Code § 35-33-8-6.5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8. Bail and Bail Procedure|35-33-8-6.5. Eight Hour Holding Period Before Person Arrested for Domestic Violence May Be Released on Bail

Sec. 6.5. The court may not release a person arrested for a crime of domestic violence (as described in IC 35-31.5-2-78) on bail until at least eight (8) hours from the time of the person's arrest.As added by P.L.44-2008, SEC.2. Amended by P.L.114-2012, SEC.70.