§ 27-10-2-4.5 — Regulation of charitable bail organizations

Indiana § 27-10-2-4.5

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 10: INDIANA BAIL LAW
• Ch. 2: General Provisions

Text

5. (a) The following definitions apply
throughout this section:
(1) "Charitable bail organization" means a business entity, or a
nonprofit organization under:
(A) the Internal Revenue Code; or
(B) Indiana law;
that exists for the purpose of paying cash bail for another person.
However, the term does not include a person who pays cash bail
for three (3) or fewer defendants in any one hundred eighty (180)
day period, or a person who pays bail for a relative (as defined in
IC 35-42-2-1(b)).
(2) "Crime of violence" has the meaning set forth in IC 35-50-1-2(a).
(b) The commissioner may certify a charitable bail organization if
the charitable bail organization:
(1) is a business entity, or a nonprofit organization under:
(A) the Internal Revenue Code; or
(B) Indiana law;
(2) is currently registered to do business in Indiana;
(3) is located in Indiana; and
(4) exists for the purpose of depositing cash bail for an indigent
defendant who:
(A) is not charged with a crime of violence; or
(B) if charged with a felony, does not have a prior conviction
for a crime of violence.
(c) A person may apply for certification under this section in
accordance with rules adopted under this section.
(d) The commissioner shall certify a person as a charitable bail
organization if the:
(1) person pays an application fee of three hundred dollars
($300);
(2) person meets the requirements of this section; and
(3) person, including an officer or director of the person, has not
engaged in conduct that:
(A) constitutes fraud, dishonesty, or deception;
(B) constitutes malfeasance, misfeasance, or nonfeasance in
dealing with money; or
(C) resulted in the suspension or revocation of a previous
certification.
(e) A charitable bail certification is valid for two (2) years from the
date of issuance and may be renewed upon payment of a renewal fee
of three hundred dollars ($300). If a person applies for renewal before
the expiration of the existing certification, the existing certification
remains valid until the commissioner renews the certification, or until
five (5) days after the commissioner denies the application for renewal.
A person is entitled to renewal unless the commissioner denies the
application for renewal under subsection (f).
(f) The commissioner shall deny, suspend, revoke, or refuse to
renew certification for any of the following causes:
(1) Any cause for which issuance of the certification could have
been refused had it then existed and been known to the
commissioner.
(2) Violation of any laws of this state in the course of dealings
under the certification.
(3) Material misstatement, misrepresentation, or fraud in
obtaining the certification.
(4) Misappropriation, conversion, or unlawful withholding of
money belonging to donors or others and received in the conduct
of business under the certification.
(5) Fraudulent or dishonest practices in the conduct of business
under the certification.
(6) Willful failure to comply with or willful violation of any
proper order or rule of the commissioner.
(7) When, in the judgment of the commissioner, the certificate
holder has, in the conduct of affairs under the certification,
demonstrated:
(A) incompetency or untrustworthiness;
(B) conduct or practices rendering the certificate holder unfit to
carry on charitable bail activities or making the certificate
holder's continuance detrimental to the public interest; or
(C) that the certificate holder is no longer in good faith carrying
on as a charitable bail organization;
and for these reasons is found by the commissioner to be a source
of detriment, injury, or loss to the public.
(8) The listing of the name of the applicant or certificate holder on
the most recent tax warrant list supplied to the commissioner by
the department of state revenue.
(g) A charitable bail organization must comply with all of the
following:
(1) If the charitable bail organization pays, or intends to pay, bail
for more than three (3) individuals in any one hundred eighty
(180) day period, the charitable bail organization must be certified
by the commissioner under this section before soliciting or
accepting donations for bail for another person, and before
depositing money for bail for another person.
(2) A charitable bail organization may not pay bail for a defendant
who:
(A) is charged with a crime of violence; or
(B) is charged with a felony and has a prior conviction for a
crime of violence.
(3) A charitable bail organization may not execute a surety bond
for a defendant.
(4) A charitable bail organization shall, before paying bail for an
individual, execute an agreement described in IC 35-33-8-3.2
allowing 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.
(5) A charitable bail organization may not charge a premium or
receive any consideration for acting as a charitable bail
organization.
(h) All fees collected under this section must be deposited in the
bail bond enforcement and administration fund created by IC 27-10-5-1.
(i) Any authorized employee of a charitable bail organization may
only deposit cash bail to the court.
(j) If an individual fails to appear, the bail shall be forfeited in the
manner described in IC 35-33-8-7 and the court shall take the steps
described in IC 35-33-8-8.

Legislative History

As added by P.L.147-2022, SEC.2.