reglab/housing_qa huggingface dataset:
IN Code § 35-33-8-7 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8. Bail and Bail Procedure|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.
IN Code § 35-33-8-8 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8. Bail and Bail Procedure|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.
IN Code § 35-33-8-10 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8. Bail and Bail Procedure|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.
IN Code § 35-33-8-11 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8. Bail and Bail Procedure|35-33-8-11. Authority to Require That Persons Charged With a Crime of Domestic Violence to Wear a Gps Device; Liability for Costs

Sec. 11. (a) 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 GPS tracking device as a condition of bail.(b) A court may order a person who is required to wear a GPS tracking device under subsection (a) to pay any costs associated with the GPS tracking device.As added by P.L.94-2010, SEC.11. Amended by P.L.114-2012, SEC.71.
IN Code § 35-33-8-12 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8. Bail and Bail Procedure|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 rearrested before the disposition of the defendant's charges.(2) Of those defendants who are released pursuant to the payment of money bail of one thousand dollars ($1,000) or less, the number of defendants who are rearrested before the disposition of the defendant's charges.(c) Data collected under subsection (b) shall be compiled in such a manner to present the rearrest rate for:(1) the entire state;(2) each county; and(3) each circuit, superior, city, and town court, including each separate division of each court, if applicable.(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.
IN Code § 35-33-8.5-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8.5. Bail and Recognizance|35-33-8.5-1. Sheriff; Approval of Bail

Sec. 1. When any person is committed for want of bail, and the amount of bail is specified in the warrant of commitment, the sheriff may take the recognizance and approve the bail.As added by P.L.5-1988, SEC.180.
IN Code § 35-33-8.5-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8.5. Bail and Recognizance|35-33-8.5-2. Recognizances; Recording

Sec. 2. Every recognizance taken by any peace officer must be delivered forthwith to the clerk of the court to which the defendant is recognized. The clerk must thereupon record the recognizance, and, from the time of filing, it shall have the same effect as if taken in open court.As added by P.L.5-1988, SEC.180.
IN Code § 35-33-8.5-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8.5. Bail and Recognizance|35-33-8.5-3. Recognizances; Sureties; Affidavit of Qualifications

Sec. 3. A court or officer required to take or accept any bail or recognizance or to approve the sureties offered on any bond or recognizance in any case of a criminal nature, may require any person offered as surety thereon to make affidavit of the person's qualifications or to be examined orally under oath touching the same, and such court or officer may take such affidavit or administer such oath.As added by P.L.5-1988, SEC.180.
IN Code § 35-33-8.5-4 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8.5. Bail and Recognizance|35-33-8.5-4. Sureties; Qualifications; Judgments and Decrees; Appeals

Sec. 4. (a) One (1) surety on every such recognizance must be a resident freeholder of the county in which the prosecution is pending, and the surety or sureties must be worth at least double the sum to be secured and must have property in this state liable to execution equal to the sum to be secured, and when two (2) or more sureties are offered to the same recognizance, they must have in the aggregate the qualifications prescribed in this section. Whenever by the laws of this state a surety company is authorized to become surety on recognizance bonds, such surety company may be accepted as sufficient surety on any such bond.(b) The recognizance shall be in form substantially as provided in IC 27-10-2-10, conditioned for judgment on ten (10) days notice to the surety. No pleadings shall be necessary and no change of judge or change of venue shall be granted. The obligor may except to the ruling of the court and appeal to the court of appeals as in civil cases without moving for a new trial.As added by P.L.5-1988, SEC.180.
IN Code § 35-33-8.5-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8.5. Bail and Recognizance|35-33-8.5-5. Pending Proceedings; Renewals

Sec. 5. The recognizance as provided for in IC 27-10-2-10 shall be continuing, and the defendant shall not be required to renew it during pendency of the proceedings, unless ordered to do so by the court for cause shown. But, at each term of the court, after such recognizance is taken, the court shall inquire into the sufficiency of the sureties.As added by P.L.5-1988, SEC.180.
IN Code § 35-33-8.5-6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8.5. Bail and Recognizance|35-33-8.5-6. Murder; Admittance to Bail

Sec. 6. When any person is indicted for murder, the court in which the indictment is pending, upon motion, upon application by writ of habeas corpus, may admit the defendant to bail when it appears upon examination that the defendant is entitled to be let to bail.As added by P.L.5-1988, SEC.180.
IN Code § 35-33-8.5-7 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8.5. Bail and Recognizance|35-33-8.5-7. Surrender of Principal

Sec. 7. When a surety on any recognizance desires to surrender the surety's principal, the surety may procure a copy of the recognizance from the clerk, by virtue of which such surety, or any person authorized by the surety, may take the principal in any county within the state.As added by P.L.5-1988, SEC.180.
IN Code § 35-33-8.5-8 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8.5. Bail and Recognizance|35-33-8.5-8. Amount of Bond; Payment Into Court

Sec. 8. At any time after forfeiture and at any time before judgment upon the recognizance, the surety may pay the amount named in the bond to the clerk of the court, who shall give the surety a receipt therefor.As added by P.L.5-1988, SEC.180.
IN Code § 35-33-8.5-10 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8.5. Bail and Recognizance|35-33-8.5-10. Subrogation

Sec. 10. Whenever any person has been compelled to pay to any prosecuting attorney, clerk of the court, or sheriff, under mere color of judicial proceedings in attachment or garnishment at the suit of the state, the amount of any forfeited recognizance, such person so paying shall, from the date of such payment, be subrogated as against the recognizors in such recognizance, to all the rights of the state under such recognizance, and shall have a cause of action against such recognizors for the amount so paid, as if such recognizance and all the rights of the state under the same had been assigned by the state to the person or persons so paying, at the date of such payment.As added by P.L.5-1988, SEC.180.
IN Code § 35-33-8.5-11 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8.5. Bail and Recognizance|35-33-8.5-11. Subrogation; Enforcement; Costs

Sec. 11. Whenever any claim or claims to which any person is subrogated under section 10 of this chapter shall be sought to be enforced by any action or legal proceedings, the proper prosecuting attorney shall be made a party to the action or proceedings, to answer as to the fact of such payment and to protect the interests of the state in such action or proceedings: provided, that nothing in this section or section 10 of this chapter shall, in any event, create any liability or authorize judgment against the state, or render the state, or the attorney, liable for any costs (including fees) in the action or proceedings.As added by P.L.5-1988, SEC.180. Amended by P.L.106-2010, SEC.10.
IN Code § 35-33-8.5-12 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 8.5. Bail and Recognizance|35-33-8.5-12. Sheriff; Process; Powers and Duties

Sec. 12. The sheriff must return every process issued to the sheriff with the sheriff's doings fully endorsed thereon, and every process, judgment and commitment of the circuit and criminal courts must be executed by the sheriff.As added by P.L.5-1988, SEC.180.
IN Code § 35-33-9-0.5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 9. Bail Upon Appeal|35-33-9-0.5. Inapplicable Law

Sec. 0.5. The Indiana pretrial risk assessment system and the bail guidelines described in IC 35-33-8-3.8 do not apply to bail on appeal.As added by P.L.187-2017, SEC.12.
IN Code § 35-33-9-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 9. Bail Upon Appeal|35-33-9-1. Discretion of Court; Excepted Felonies

Sec. 1. A person convicted of an offense who has appealed or desires to appeal the conviction may file a petition to be admitted to bail pending appeal. The person may be admitted to bail pending appeal at the discretion of the court in which the case was tried, but the person may not be admitted to bail if the person has been convicted of a Class A felony (for a crime committed before July 1, 2014) or a Level 1 or Level 2 felony (for a crime committed after June 30, 2014).As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.158-2013, SEC.387.
IN Code § 35-33-9-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 9. Bail Upon Appeal|35-33-9-2. Petition; Filing

Sec. 2. When a person has been sentenced to a term of imprisonment and has filed an appeal, that person may file a petition for bail pending appeal unless he is barred from admission to bail pending appeal by section 1 of this chapter. The petition must be filed in the court in which the case was tried, and a copy shall be sent to the prosecuting attorney of the circuit where the judgment was rendered.As added by Acts 1981, P.L.298, SEC.2.
IN Code § 35-33-9-3 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 9. Bail Upon Appeal|35-33-9-3. Bond; Conditions of Undertaking

Sec. 3. (a) The sureties on all appeal bonds must possess the qualifications that are required of bail in criminal cases, except the undertaking must also include the defendant's promise to:(1) faithfully prosecute his appeal;(2) abide by the order and judgment of the court to which the cause is appealed;(3) surrender himself in execution of the judgment if the appeal be affirmed or dismissed; and(4) surrender himself to the trial court if required by the judgment upon reversal.(b) If undertaking is given before an appeal has been perfected, the undertaking must include a promise that an appeal will be perfected by the defendant.As added by Acts 1981, P.L.298, SEC.2.
IN Code § 35-33-9-4 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 9. Bail Upon Appeal|35-33-9-4. Amount; Order; Surrender by Surety and Recommitment; Failure to Comply

Sec. 4. (a) The court in which a petition to be admitted to bail is filed shall:(1) fix bail in a reasonable amount, considering the nature of the offense and the penalty adjudged, as will insure the compliance by the defendant with the terms of the bond; and(2) make an order containing the terms of bail.If the defendant furnishes bail to the satisfaction of the court, he shall be discharged from custody until he is required to surrender himself according to the terms of the order.(b) The sureties on the bail bond may, at any time, surrender the principal of the bond to the court and be released from liability. If the court so orders, the defendant shall immediately be committed to the institution to which he was sentenced unless the court approves a new bond.(c) If the defendant fails to comply with the terms of the bail bond:(1) the bond shall be forfeited in the court from which the appeal was taken;(2) a warrant shall be immediately issued for his arrest; and(3) upon arrest, he shall be committed to the institution to which he was originally sentenced.As added by Acts 1981, P.L.298, SEC.2.
IN Code § 35-33-9-5 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 9. Bail Upon Appeal|35-33-9-5. Stay of Judgment; Commencement of Sentence Upon Surrender; Prior Time Credit

Sec. 5. (a) Whenever any defendant is admitted to bail under the provisions of this chapter, the judgment of conviction shall be stayed until the appeal is disposed of. If the appeal is dismissed or the judgment affirmed, the term of imprisonment prescribed in the judgment shall commence to run from the time the defendant surrenders according to the terms of the bond.(b) If the defendant is surrendered by sureties under section 4 of this chapter, the judgment shall commence to run from the time of the surrender, and the defendant shall be immediately confined in the institution to which the defendant was committed by the original sentence.(c) If a defendant is admitted to bail under this chapter after the defendant has commenced to serve the sentence, and the appeal is dismissed or the judgment from which the appeal was taken is affirmed, the defendant shall receive accrued time and good time credit, if applicable, on the sentence for the time the defendant served before being admitted to bail. During the time any defendant is released from custody under this chapter, the judgment of conviction shall be stayed.As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.74-2015, SEC.19.
IN Code § 35-33-9-6 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 9. Bail Upon Appeal|35-33-9-6. Penalty of Fine Only; Stay

Sec. 6. Where a penalty in a criminal case is a fine only, the defendant may have a stay of execution on appeal as provided by law.As added by Acts 1981, P.L.298, SEC.2.
IN Code § 35-33-9-8 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 9. Bail Upon Appeal|35-33-9-8. Credit Card Service Fee

Sec. 8. 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.12.
IN Code § 35-33-10-1 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 10. Securing Attendance of Defendants and Uniform Extradition Act|35-33-10-1. Defendant in Custody; Order to Appear; Defendant at Liberty; Notice to Appear; Arrest Upon Failure to Appear

Sec. 1. (a) When a criminal action is pending against a defendant and the defendant is in the custody of any law enforcement officer, the court may order the law enforcement officer to produce the defendant before the court for prosecution. If the defendant is at liberty within the state as a result of an order releasing him on his own recognizance or on bail, the court may cause the defendant or his attorney to be notified to appear at a designated time. Upon failure to appear after such notification, the court may issue a warrant for the defendant's immediate arrest.(b) The method selected to secure the attendance of the defendant shall not be a ground for objection at any stage of the criminal proceeding if the method is allowed by this article.As added by Acts 1981, P.L.298, SEC.2.
IN Code § 35-33-10-2 (2021)
2021 Indiana Code|Title 35. Criminal Law and Procedure|Article 33. Preliminary Proceedings|Chapter 10. Securing Attendance of Defendants and Uniform Extradition Act|35-33-10-2. Defendant Confined Under Judgment or Court Order or Awaiting Trial for Another Offense; Order or Warrant of Detainer

Sec. 2. (a) When an indictment or information is pending against a defendant confined in this state under a judgment or court order, the court with jurisdiction over the pending criminal action shall, after application by the prosecuting attorney, order that the defendant be produced before the court for prosecution. The defendant shall not be entitled to release pending trial on the indictment or information. The court may order that the defendant be surrendered to the sheriff of the county in which the court issuing the order is located. The court may order the sheriff to convey the defendant from the institution and commit the defendant to the jail or to another place of custody specified in the order. If the proceeding is delayed, the court may order the defendant returned temporarily to the institution until the presence of the defendant before the court is required.(b) When an indictment or information is pending against a defendant:(1) confined in an institution within this state pending trial for another offense; or(2) who has been released by order of another court pending trial before that court for another offense;the court shall, upon motion of the prosecuting attorney, issue a warrant of detainer to the court before which the other prosecution is pending. The court to which the order of detainer is issued, shall, upon termination of the proceedings before the court, deliver custody of the defendant to the sheriff of the county in which the court issuing the warrant is situated. Upon delivery, the court shall return the warrant to the court of issuance showing such fact. A duplicate copy of the return shall be served upon the prosecuting attorney who requested the issuance of the warrant.As added by Acts 1981, P.L.298, SEC.2.