reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 6. Detention of Shoplifters by Owner or Agent › 35-33-6-4. Civil or Criminal Actions; Exclusion of Lawful Detention; Burden of Proof

Sec. 4. A civil or criminal action against:
(1) an owner or agent of a store or motion picture exhibition facility; or
(2) a law enforcement officer;
may not be based on a detention that was lawful under section 2 or 2.5 of this chapter. However, the defendant has the burden of proof that the defendant acted with probable cause under section 2 or 2.5 of this chapter.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.94-2005, SEC.4.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 6. Detention of Shoplifters by Owner or Agent › 35-33-6-5. Reliance on Information From Employee; Probable Cause

Sec. 5. An owner or agent of a store may act in the manner permitted by section 2 of this chapter on information received from any employee of the store, if that employee has probable cause to believe that a:
(1) theft has occurred or is occurring in or about the store; and
(2) specific person has committed or is committing the theft.
As added by Acts 1981, P.L.298, SEC.2.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 6. Detention of Shoplifters by Owner or Agent › 35-33-6-6. Reliance on Information From Employee of Motion Picture Exhibition Facility

Sec. 6. An owner or agent of a motion picture exhibition facility may act in the manner allowed by section 2.5 of this chapter on information received from an employee of the motion picture exhibition facility if the employee has probable cause to believe that:
(1) an unlawful recording under IC 35-46-8 has occurred or is occurring in the motion picture exhibition facility; and
(2) a specific person has committed or is committing the unlawful recording.
As added by P.L.94-2005, SEC.5.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 7. Probable Cause; Initial Hearing › 35-33-7-1. Arrest Without Warrant; Initial Hearing; Venue

Sec. 1. (a) A person arrested without a warrant for a crime shall be taken promptly before a judicial officer:
(1) in the county in which the arrest is made; or
(2) of any county believed to have venue over the offense committed; for an initial hearing in court.
(b) Except as provided in subsection (c), if the person arrested makes bail before the person's initial hearing before a judicial officer, the initial hearing shall occur at any time within twenty (20) calendar days after the person's arrest.
(c) If a person arrested under IC 9-30-5 makes bail before the person's initial hearing before a judicial officer, the initial hearing must occur within ten (10) calendar days after the person's arrest.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.126-1989, SEC.27; P.L.2-1991, SEC.103.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 7. Probable Cause; Initial Hearing › 35-33-7-2. Probable Cause; Affidavit or Oral Presentation Under Oath; Record; Determination; Detention or Release

Sec. 2. (a) At or before the initial hearing of a person arrested without a warrant for a crime, the facts upon which the arrest was made shall be submitted to the judicial officer, ex parte, in a probable cause affidavit. In lieu of the affidavit or in addition to it, the facts may be submitted orally under oath to the judicial officer. If facts upon which the arrest was made are submitted orally, the proceeding shall be recorded by a court reporter, and, upon request of any party in the case or upon order of the court, the record of the proceeding shall be transcribed.
(b) If the judicial officer determines that there is probable cause to believe that any crime was committed and that the arrested person committed it, the judicial officer shall order that the arrested person be held to answer in the proper court. If the facts submitted do not establish probable cause or if the prosecuting attorney informs the judicial officer on the record that no charge will be filed against the arrested person, the judicial officer shall order that the arrested person be released immediately.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.12.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 7. Probable Cause; Initial Hearing › 35-33-7-3. Filing of Indictment or Information; Recess or Continuation of Initial Hearing; Informing Accused of Rights

Sec. 3. (a) When a person is arrested for a crime before a formal charge has been filed, an information or indictment shall be filed or be prepared to be filed at or before the initial hearing, unless the prosecuting attorney has informed the court that there will be no charges filed in the case.
(b) If the prosecuting attorney states that more time is required to evaluate the case and determine whether a charge should be filed, or if it is necessary to transfer the person to another court, then the court shall recess or continue the initial hearing for up to seventy-two (72) hours, excluding intervening Saturdays, Sundays, and legal holidays.
(c) Before recessing the initial hearing and after the ex parte probable cause determination has been made, the court shall inform a defendant charged with a felony of the rights specified in subdivisions (1), (2), (3), (4), and (5) of section 5 of this chapter.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.13; P.L.320-1983, SEC.8.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 7. Probable Cause; Initial Hearing › 35-33-7-3.5. Conformity of Initial Hearing to Summons; Probable Cause

Sec. 3.5. The initial hearing of a person issued a:
(1) summons; or
(2) summons and promise to appear;
must take place according to the terms of the summons. At such an initial hearing, a determination of probable cause is not required unless the prosecuting attorney requests on the record that the person be held in custody before his trial.
As added by P.L.320-1983, SEC.9.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 7. Probable Cause; Initial Hearing › 35-33-7-4. Arrest Under Warrant; Jurisdiction; Time of Initial Hearing

Sec. 4. A person arrested in accordance with the provisions of a warrant shall be taken promptly for an initial hearing before the court issuing the warrant or before a judicial officer having jurisdiction over the defendant. If the arrested person has been released in accordance with the provisions for release stated on the warrant, the initial hearing shall occur at any time within twenty (20) days after his arrest.
As added by Acts 1981, P.L.298, SEC.2.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 8. Bail and Bail Procedure › 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 8. Bail and Bail Procedure › 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 8. Bail and Bail Procedure › 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 33. Preliminary Proceedings › Chapter 8. Bail and Bail Procedure › 35-33-8-6.5. Twenty-Four Hour Bail Holding Period for Person Arrested for Certain Domestic Violence Crimes

Sec. 6.5. The court 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).
As added by P.L.44-2008, SEC.2. Amended by P.L.114-2012, SEC.70; P.L.28-2023, SEC.1.
2023 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.
2023 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.
2023 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.
2023 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 Monitoring 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 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.
As added by P.L.94-2010, SEC.11. Amended by P.L.114-2012, SEC.71; P.L.84-2022, SEC.11.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.