Indiana judges weigh risks and release options before denying bail

When the state asks, a court must hold a hearing to decide whether to deny bail to someone charged with a crime other than murder. This applies to charges other than murder; murder cases follow a separate rule. The state must ask at or before the initial hearing. It may ask later only by filing a verified petition alleging new information that was unknown or unavailable earlier. The person has a right to a lawyer at the hearing and, if indigent, to an appointed lawyer. If the court does not deny bail, it must set release terms. The hearing must usually take place within 48 hours of the state filing its request, excluding weekends and state holidays. The judge may allow up to five extra days at the person's request or three at the state's request.

A court deciding whether to deny bail must consider the charge, the evidence, the person's background, possible danger, and whether release conditions could reduce that danger. The judge may also consider any other facts relevant to court attendance or the safety of other people or the community. The court must give written reasons if it denies bail. Evidence or findings from the hearing generally cannot be used as proof at the person's trial, though they may be used to challenge testimony or in a perjury case.

Before setting or changing bail, a court must consider the Indiana pretrial risk assessment if one is available. This applies when a court sets or changes bail for an arrestee. If the assessment and other relevant factors show no substantial risk of flight or danger, the court must consider release without money bail or a surety, with conditions as needed. The court need not consider that option for people charged with murder or treason; people on certain forms of release or supervision; people covered by the violent-arrestee or sexually violent predator rules; people denied bail; or unlawfully present foreign nationals described by the law. The court does not have to wait for an assessment if getting one would delay the person's release.