Indiana Code - Criminal Law and Procedure - Title 35, Section 35-33-8-3.2 - Indiana Attorney Resources

Indiana Code - Criminal Law and Procedure - Title 35, Section 35-33-8-3.2

Conditions to assure appearance; remittance of deposit; collection
of fees

Sec. 3.2. (a) A court may admit a defendant to bail and impose
any of the following conditions to assure the defendant's appearance
at any stage of the legal proceedings, or, upon a showing of clear and
convincing evidence that the defendant poses a risk of physical
danger to another person or the community, to assure the public's
physical safety:
(1) Require the defendant to:
(A) execute a bail bond with sufficient solvent sureties;

(B) deposit cash or securities in an amount equal to the bail;
(C) execute a bond secured by real estate in the county,
where thirty-three hundredths (0.33) of the true tax value
less encumbrances is at least equal to the amount of the bail;
or
(D) post a real estate bond.

The defendant must also pay the fee required by subsection (d).
(2) Require the defendant to execute a bail bond by depositing
cash or securities with the clerk of the court in an amount not
less than ten percent (10%) of the bail. If the defendant is
convicted, the court may retain all or a part of the cash or
securities to pay fines, costs, fees, and restitution, if ordered by
the court. A portion of the deposit, not to exceed ten percent
(10%) of the monetary value of the deposit or fifty dollars
($50), whichever is the lesser amount, may be retained as an
administrative fee. The clerk shall also retain from the deposit
under this subdivision the following:
(A) Fines, costs, fees, and restitution as ordered by the court.
(B) Publicly paid costs of representation that shall be
disposed of in accordance with subsection (b).
(C) In the event of the posting of a real estate bond, the bond
shall be used only to insure the presence of the defendant at
any stage of the legal proceedings, but shall not be
foreclosed for the payment of fines, costs, fees, or
restitution.
(D) The fee required by subsection (d).

The individual posting bail for the defendant or the defendant
admitted to bail under this subdivision must be notified by the
sheriff, court, or clerk that the defendant's deposit may be
forfeited under section 7 of this chapter or retained under
subsection (b).
(3) Impose reasonable restrictions on the activities, movements,
associations, and residence of the defendant during the period
of release.
(4) Require the defendant to refrain from any direct or indirect
contact with an individual.
(5) Place the defendant under the reasonable supervision of a
probation officer or other appropriate public official.
(6) Release the defendant into the care of a qualified person or
organization responsible for supervising the defendant and
assisting the defendant in appearing in court. The supervisor
shall maintain reasonable contact with the defendant in order to
assist the defendant in making arrangements to appear in court
and, where appropriate, shall accompany the defendant to court.
The supervisor need not be financially responsible for the
defendant.
(7) Release the defendant on personal recognizance unless:
(A) the state presents evidence relevant to a risk by the
defendant:
(i) of nonappearance; or

(ii) to the physical safety of the public; and
(B) the court finds by a preponderance of the evidence that
the risk exists.
(8) Impose any other reasonable restrictions designed to assure
the defendant's presence in court or the physical safety of
another person or the community.
(b) Within thirty (30) days after disposition of the charges against
the defendant, the court that admitted the defendant to bail shall
order the clerk to remit the amount of the deposit remaining under
subsection (a)(2) to the defendant. The portion of the deposit that is
not remitted to the defendant shall be deposited by the clerk in the
supplemental public defender services fund established under
IC 33-40-3.
(c) For purposes of subsection (b), "disposition" occurs when the
indictment or information is dismissed, or the defendant is acquitted
or convicted of the charges.
(d) Except as provided in subsection (e), the clerk of the court
shall:
(1) collect a fee of five dollars ($5) from each bond or deposit
required under subsection (a)(1); and
(2) retain a fee of five dollars ($5) from each deposit under
subsection (a)(2).

The clerk of the court shall semiannually remit the fees collected
under this subsection to the board of trustees of the public
employees' retirement fund for deposit in the the special death
benefit fund. The fee required by subdivision (2) is in addition to the
administrative fee retained under subsection (a)(2).
(e) With the approval of the clerk of the court, the county sheriff
may collect the bail posted under this section. The county sheriff
shall remit the bail to the clerk of the court by the following business
day and remit monthly the five dollar ($5) special death benefit fee
to the county auditor.
(f) When a court imposes a condition of bail described in
subsection (a)(4):
(1) the clerk of the court shall comply with IC 5-2-9; and
(2) the prosecuting attorney shall file a confidential form
prescribed or approved by the division of state court
administration with the clerk.

As added by P.L.107-1998, SEC.2. Amended by P.L.1-2001, SEC.36;
P.L.1-2003, SEC.91; P.L.98-2004, SEC.140; P.L.10-2005, SEC.4.

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Last modified: May 24, 2006