Introduced Senate Bill (S)

Authored by

DIGEST

Bail and bail procedures. Provides that a court may admit a defendant to bail by establishing the bail amount and requiring the defendant to execute a bail bond by selecting one of the following options: (1) Executing a cash bond by depositing cash or securities or by making a payment by credit card in an amount that equals 100% of the bail amount. (2) Executing a surety bond executed by a bail agent representing a sufficient solvent surety insurance company authorized to underwrite bail bonds in Indiana and the county where approved in an amount equal to the bail amount. Bail and bail procedures. Provides that a court may admit a defendant to bail by establishing the bail amount and requiring the defendant to execute a bail bond by selecting one of the following options: (1) Executing a cash bond by depositing cash or securities or by making a payment by credit card in an amount that equals 100% of the bail amount. (2) Executing a surety bond executed by a bail agent representing a sufficient solvent surety insurance company authorized to underwrite bail bonds in Indiana and the county where approved in an amount equal to the bail amount. (3) Executing a deposit bond by depositing at least 10% of the amount of the bail with a sufficient insurer who has been a resident of the state and county where the bond is executed for at least one year, and has affirmed that the insurer has unencumbered assets equal to the bail amount. (4) Executing a real estate bond secured by real estate in the county where the bond will be executed, if 33% of the true tax value minus encumbrances is at least equal to the amount of the bail. Provides that: (1) the court shall inform the defendant, or a person making a deposit on behalf of the defendant, that the defendant or the person may enter into an agreement to allow the court to retain all or a part of the bail to pay publicly paid costs of representation and fines, costs, fees, and restitution that the court may order the defendant to pay if the defendant is convicted; and (2) if the defendant or person making a deposit on behalf of the person chooses to enter into the agreement, the court shall require the defendant and each person who makes the deposit on behalf of the defendant to execute the agreement. Repeals and replaces the law concerning forms used in recognizances for the appearance of prisoners. Repeals and replaces the law concerning late surrender fees. Provides that late surrender fees shall be distributed as follows: (1) 50% of the late surrender fees shall be deposited in the police pension trust fund. (2) 10% of the late surrender fees shall be deposited in the county extradition and sheriff's assistance fund. (3) 20% of the late surrender fees shall be retained by the court in which the bond was posted to defray the costs of operating the court or defray the costs of operating diversion programs. (4) Seven and one-half percent of the late surrender fees shall be deposited in the county public defender fund. (5) Seven and one-half percent of the late surrender fees shall be deposited in the clerk of the court operating account to offset operating expenses. (6) Five percent of the late surrender fees shall be deposited in the county electronic monitoring fund in the county in which the bond was posted to defray the costs of operating electronic monitoring programs that involve indigent offenders. Establishes the county electronic monitoring fund (fund) in each county consisting of late surrender fees under the bail law. Provides that the fund shall be used: (1) to defray the costs incurred by a county to operate electronic monitoring programs that involve indigent offenders; or (2) if a county does not operate an electronic monitoring program, to defray the costs incurred by a county in providing court appointed public defenders to indigent defendants. Makes conforming amendments. ... View more