The Senate Corrections and Criminal Law Committee heard SB 6 on bail for violent arrestees authored by Sen. M. Young.This billdefines “violent arrestee” and “minimum bail amount” and requires: (1) a court to review the probable cause affidavit or arrest warrant before releasing a violent arrestee on bail; (2) bail to be set following a hearing in open court; and (3) a violent arrestee released on bail to pay 100% of the minimum bail amount by cash deposit. The bill also prohibits a third party who is not a close relative of the violent arrestee from posting bail for the violent arrestee.
The Fraternal Order of Police, the Indianapolis City Controller, and the Indiana Prosecuting Attorneys Council testified in support of the bill. The Indiana Public Defender Council, American Bail Coalition, Vera Institute of Justice, and the Indiana Judges Association testified in opposition. The bill was held for amendment.
On January 18, 2022, the bill was amended by consent to:
- establish a default bail schedule for counties without a bail schedule
- provide that the minimum bail amount and money bail requirement apply only to a violent arrestee with a previous conviction for a crime of violence
- require mandatory bail revocation for a violent arrestee who commits a felony while released
- provide that a victim has the right to notice and to be heard at a proceeding to set bail for a sexually violent predator defendant under Ind. Code §35-33-8-3.5, child molesting defendant under Ind. Code § 35-33-8-3.5, child solicitation defendant under Ind. Code § 35-33-8-3.5, or violent arrestee under Ind. Code § 35-33-3-3.7
- mandate that any nonmonetary conditions of release imposed by the court must be the least restrictive conditions or combination of conditions necessary to reasonably address the risk of flight or the risk of danger to others
- require that if a court imposes electronic monitoring, GPS monitoring, or home detention, the court shall set forth in the record the basis for imposing this condition and refer all people to voluntary community supportive services meant to address transportation, housing, and behavioral health needs
- define a crime of violence as an offense described in Ind. Code §35-50-1-2(a) and that is a Level 1, Level 2, Level 3, Level 4, or Level 5 felony.
The amended bill passed 7-2.
Read the bill at: http://iga.in.gov/legislative/2022/bills/senate/6