Indiana § 35-33-8-4.5 Foreign national unlawfully present; bail; insurer released from liability

Indiana Statutes

§ 35-33-8-4.5 — Foreign national unlawfully present; bail; insurer released from liability

Indiana § 35-33-8-4.5

Art. 33PRELIMINARY PROCEEDINGS

Ch. 8Bail and Bail Procedure

This text of Indiana § 35-33-8-4.5 (Foreign national unlawfully present; bail; insurer released from liability) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-33-8-4.5 (2026).

Text

5.

(a)If bail is set for a defendant who is a foreign national who is unlawfully present in the United States under federal immigration law, after considering the results of the Indiana pretrial risk assessment system (if available) and other relevant factors, and the bail guidelines described in section 3.8 of this chapter, the court shall consider requiring as bail a:

(1)cash bond in an amount equal to the bail;

(2)real estate bond in which the net equity in the real estate is at least two (2) times the amount of the bail; or

(3)surety bond in the full amount of the bail that is written by a licensed and appointed agent of an insurer (as defined in IC 27-10-1-7).

(b)If the defendant for whom bail has been posted under this section does not appear before the court as ordered because

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5. (a) If bail is set for a defendant who is a
foreign national who is unlawfully present in the United States under
federal immigration law, after considering the results of the Indiana
pretrial risk assessment system (if available) and other relevant factors,
and the bail guidelines described in section 3.8 of this chapter, the
court shall consider requiring as bail a:
(1) cash bond in an amount equal to the bail;
(2) real estate bond in which the net equity in the real estate is at
least two (2) times the amount of the bail; or
(3) surety bond in the full amount of the bail that is written by a
licensed and appointed agent of an insurer (as defined in IC 27-10-1-7).
(b) If the defendant for whom bail has been posted under this
section does not appear before the court as ordered because the
defendant has been:
(1) taken into custody or deported by a federal agency; or
(2) arrested and incarcerated for another offense;
the bond posted under this section may not be declared forfeited by the
court and the insurer (as defined in IC 27-10-1-7) that issued the bond
is released from any liability regarding the defendant's failure to
appear.