§ 35-33-8-3.5 — Bail procedures for a sexually violent predator defendant

Indiana § 35-33-8-3.5

• Jurisdiction: Indiana
• Art. 33: PRELIMINARY PROCEEDINGS
• Ch. 8: Bail and Bail Procedure

Text

5. (a) This section applies only to a sexually
violent predator defendant.
(b) As used in this section, "sexually violent predator defendant"
means a person who:
(1) is a sexually violent predator under IC 35-38-1-7.5; and
(2) is arrested for or charged with the commission of an offense
that would classify the person as a sex or violent offender (as
defined in IC 11-8-8-5).
(c) A court may not admit a:
(1) sexually violent predator defendant;
(2) person charged with child molesting (IC 35-42-4-3); or
(3) person charged with child solicitation (IC 35-42-4-6);
to bail until the court has conducted a bail hearing in open court.
Except as provided in section 6 of this chapter, the court shall conduct
a bail hearing not later than forty-eight (48) hours after the person has
been arrested, unless exigent circumstances prevent holding the
hearing within forty-eight (48) hours.
(d) At the conclusion of the hearing described in subsection (c) and
after consideration of the bail guidelines described in section 3.8 of this
chapter, the court shall consider whether the factors described in
section 4 of this chapter warrant the imposition of a bail amount that
exceeds court or county guidelines, if applicable.

Legislative History

As added by P.L.74-2008, SEC.1. Amended by P.L.187-2017, SEC.6.