On January 11, 2022, the Senate Corrections and Criminal Law Committee heard SB 8 on nonprofit bail funding authored by Sen. Freeman. The bill:
- allows a charitable organization to pay bail on behalf of a defendant if the organization meets certain criteria
- exempts from the certification requirement a charitable organization that pays bail for not more than two individuals in any 180-day period
- provides that if money or bonds have been set, bail by surety may be substituted for the money or bonds at any time before a breach
- prohibits the state and a political subdivision from: (1) posting bail for any person; or (2) providing a grant to any entity that provides funding for any person.
- requires a court to apply the bail to certain court costs
- prohibits an entity that has received a grant from the state or a political subdivision from posting bail for any person or providing a grant, directly or indirectly, to an entity that posts bail for any person.
The Fraternal Order of Police, American Bail Coalition, and the Indiana Prosecuting Attorneys Council testified in support of the bill. The Indiana Public Defender Council, Vera Institute of Justice, Indiana Judges Association, Step-Up, the Bail Project, and numerous citizens testified in opposition. The bill was held for amendment.
On January 18, 2022, the bill was amended by consent to:
- specify that charitable bail fees are to be deposited in the bail bond enforcement and administration
- provide that a person may not substitute a surety for money bail if a court requires money bail
- remove the requirement that a charitable bail organization be represented by a bail agent and makes the grounds for revocation of a certification as a charitable bail organization the same as the grounds for revocation of a bail bond license.
The amended bill passed 7-2.
Read the bill at: http://iga.in.gov/legislative/2022/bills/senate/8