The Senate Corrections and Criminal Law Committee heard HB 1300 on bail sponsored by Sens. Freeman, Sandlin, and M. Young.The author, Rep. Mayfield, introduced the bill which:
- defines a charitable bail organization;
- establishes criteria for certification as a charitable bail organization;
- sets requirements for operating a charitable bail organization;
- allows a charitable organization to pay bail on behalf of a defendant if the organization:
- is certified by the commissioner of the Department of Insurance;
- pays cash bail in the amount of $2,000 or less on behalf of a defendant charged only with a misdemeanor; and,
- pays bail only for a defendant who is indigent, is represented by a bail agent, and meets certain other requirements;
- directs the Office of Judicial Administration to develop, within the court case management system, a searchable field to collect the bail agent name and license number of the person or entity that pays bail for an individual as described in Ind. Code § 35-33-8-3.2.
The bill was amended by consent to establish the Marion County violent arrestee pilot project which prohibits a “violent defendant” from being released pursuant to the bail schedule and instead must have bail set in open court. The amendment also prohibits the State, or a political subdivision, from posting bail for any person and requires a charitable bail organization who posts bail to execute an agreement which permits the court to retain all or part of bail to pay for fines, costs, fees, and representation.
The American Bail Coalition, American Surety Company, and Indiana Sheriffs’ Association testified in support of the bill. The Indiana Public Defender Council, Hoosier Action, Vera Institute of Justice, and the Bail Project testified in opposition. The amended bill passed 5-2.
Read the bill at: http://iga.in.gov/legislative/2022/bills/house/1300