Bill > SB0410

This bill modifies Indiana's bail and pretrial detention laws by introducing a new definition of "substantial risk" and establishing a comprehensive procedure for preventive detention. The bill allows trial courts to deny bail if the state proves by clear and convincing evidence that a defendant poses a substantial risk and that the proof of the offense is evident or the presumption is strong. It creates a specific hearing process where the state can petition the court to determine a defendant's risk, with the defendant guaranteed certain rights such as legal representation and the opportunity to present witnesses. For arrestees charged with misdemeanors or Level 6 felonies, the bill establishes a presumptive right to release without monetary bail, with exceptions for serious charges like murder, ongoing community supervision, or a judicial finding of substantial risk. The bill includes procedural safeguards such as requiring hearings within 24 hours of petition filing, allowing defendants to request additional hearings if new information emerges, and mandating that court rulings include written findings. These changes aim to balance public safety concerns with defendants' rights by providing a structured approach to pretrial detention decisions, effective January 1, 2027.

Justice

https://iga.in.gov/legislative/2025/bills/senate/410/details