The Senate Corrections and Criminal Law Committee heard SB 2 on bail procedures authored by Sen. Freeman. The bill provides that offenses other than murder are not bailable if the state proves: (1) by a preponderance of the evidence that the proof is evident or the presumption strong; and (2) by clear and convincing evidence that the arrestee is dangerous and that no conditions of release will reasonably protect the safety of other persons or the community. The bill also establishes procedures for bail hearings.
The Committee amended the bill by a 5-4 vote to order a defendant to pay the costs of public representation without an indigency hearing if a cash bond was paid and an agreement was executed under IC 35-33-8-3.2 allowing the court to retain all or a part of the cash to pay publicly paid costs of representation and fines, costs, fees, and restitution.
The Indiana Prosecuting Attorneys Council testified in support of the bill, and the Indiana Public Defender Council provided neutral testimony. Judge Cleary testified on behalf of the Indiana Judges Association, noting several concerns with the bill requirements. The amended bill passed 7-2.
Read the bill at: https://iga.in.gov/legislative/2026/bills/senate/2