summary
Introduced
01/21/2025
01/21/2025
In Committee
01/21/2025
01/21/2025
Crossed Over
Passed
Dead
04/24/2025
04/24/2025
Introduced Session
2025 Regular Session
Bill Summary
Bail. Prohibits a court from requiring an arrestee to pay bail as a condition of pretrial release, unless: (1) the court finds by clear and convincing evidence that the arrestee is a flight risk or danger to the community; (2) the arrestee is charged with murder or treason; (3) the arrestee is on pretrial release not related to the incident that is the basis for the present arrest; or (4) the arrestee is on probation, parole, or other community supervision. Requires that the amount of bail be the lowest amount required, based on the defendant's financial circumstances, to assure the arrestee's appearance at trial and to protect the community.
AI Summary
This bill reforms bail procedures in Indiana by prohibiting courts from requiring monetary bail unless specific conditions are met. Courts must now use the Indiana pretrial risk assessment system to evaluate an arrestee's potential flight risk or danger to the community, and can only require bail if: the defendant is charged with murder or treason, is already on pretrial release for another incident, is on probation or parole, or if the court finds clear and convincing evidence that the defendant poses a physical risk to others. When bail is deemed necessary, the law mandates that it must be set at the lowest amount possible, taking into account the defendant's financial circumstances and considering factors such as the defendant's employment, family ties, criminal history, community connections, and likelihood of court appearance. The bill aims to reduce financial barriers to pretrial release by ensuring that bail is not used as a punitive measure but instead serves its intended purpose of ensuring court attendance and community safety. Additionally, the legislation provides guidelines for courts to consider various individual factors when determining bail, with an emphasis on creating a more equitable and individualized approach to pretrial detention.
Committee Categories
Justice
Sponsors (1)
Last Action
First reading: referred to Committee on Courts and Criminal Code (on 01/21/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
---|---|
State Bill Page | https://iga.in.gov/legislative/2025/bills/house/1566/details |
BillText | https://iga.in.gov/pdf-documents/124/2025/house/bills/HB1566/HB1566.01.INTR.pdf |
Fiscal Note #1: Introduced | https://iga.in.gov/pdf-documents/124/2025/house/bills/HB1566/fiscal-notes/HB1566.01.INTR.FN001.pdf |
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