§ 35-33-8-4 — Amount of bail; order; indorsement; facts taken into account

Indiana § 35-33-8-4

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

Text

(a) The court shall order the amount in which
a person charged by an indictment or information is to be held to bail,
and the clerk shall enter the order on the order book and indorse the
amount on each warrant when issued. If no order fixing the amount of
bail has been made, the sheriff shall present the warrant to the judge of
an appropriate court of criminal jurisdiction, and the judge shall
indorse on the warrant the amount of bail.
(b) Bail may not be set higher than that amount reasonably required
to assure the defendant's appearance in court or to assure the physical
safety of another person or the community if the court finds by clear
and convincing evidence that the defendant poses a risk to the physical
safety of another person or the community. In setting and accepting an
amount of bail, the judicial officer shall consider the bail guidelines
described in section 3.8 of this chapter and take into account all facts
relevant to the risk of nonappearance, including:
(1) the length and character of the defendant's residence in the
community;
(2) the defendant's employment status and history and the
defendant's ability to give bail;
(3) the defendant's family ties and relationships;
(4) the defendant's character, reputation, habits, and mental
condition;
(5) the defendant's criminal or juvenile record, insofar as it
demonstrates instability and a disdain for the court's authority to
bring the defendant to trial;
(6) the defendant's previous record in not responding to court
appearances when required or with respect to flight to avoid
criminal prosecution;
(7) the nature and gravity of the offense and the potential penalty
faced, insofar as these factors are relevant to the risk of
nonappearance;
(8) the source of funds or property to be used to post bail or to pay
a premium, insofar as it affects the risk of nonappearance;
(9) that the defendant is a foreign national who is unlawfully
present in the United States under federal immigration law; and
(10) any other factors, including any evidence of instability and
a disdain for authority, which might indicate that the defendant
might not recognize and adhere to the authority of the court to
bring the defendant to trial.
As added by Acts 1981, P.L.298, SEC.2. Amended by
P.L.221-1996, SEC.3; P.L.171-2011, SEC.21; P.L.187-2017,
SEC.9.