Alteration or revocation of bail
Sec. 5. (a) Upon a showing of good cause, the state or the
defendant may be granted an alteration or revocation of bail by
application to the court before which the proceeding is pending. In
reviewing a motion for alteration or revocation of bail, credible
hearsay evidence is admissible to establish good cause.
(b) When the state presents additional:
(1) evidence relevant to a high risk of nonappearance, based on
the factors set forth in section 4(b) of this chapter; or
(2) clear and convincing evidence:
(A) of the factors described in IC 35-40-6-6(1)(A) and
IC 35-40-6-6(1)(B); or
(B) that the defendant otherwise poses a risk to the physical
safety of another person or the community;
the court may increase bail.
(c) When the defendant presents additional evidence of substantial
mitigating factors, based on the factors set forth in section 4(b) of
this chapter, which reasonably suggests that the defendant recognizes
the court's authority to bring the defendant to trial, the court may
reduce bail. However, the court may not reduce bail if the court finds
by clear and convincing evidence that the factors described in
IC 35-40-6-6(1)(A) and IC 35-40-6-6(1)(B) exist or that the
defendant otherwise poses a risk to the physical safety of another
person or the community.
(d) The court may revoke bail or an order for release on personal
recognizance upon clear and convincing proof by the state that:
(1) while admitted to bail the defendant:
(A) or the defendant's agent threatened or intimidated a
victim, prospective witnesses, or jurors concerning the
pending criminal proceeding or any other matter;
(B) or the defendant's agent attempted to conceal or destroy
evidence relating to the pending criminal proceeding;
(C) violated any condition of the defendant's current release
order;
(D) failed to appear before the court as ordered at any
critical stage of the proceedings; or
(E) committed a felony or a Class A misdemeanor that
demonstrates instability and a disdain for the court's
authority to bring the defendant to trial;
(2) the factors described in IC 35-40-6-6(1)(A) and
IC 35-40-6-6(1)(B) exist or that the defendant otherwise poses
a risk to the physical safety of another person or the
community; or
(3) a combination of the factors described in subdivisions (1)
and (2) exists.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.36-1990,
SEC.6; P.L.107-1998, SEC.3; P.L.98-2004, SEC.141.
Last modified: May 24, 2006