Indiana statute
Ind. Code § 35-33-8-3.8 — Bail following pretrial risk assessment
Current through 2026 Regular Session
Part of Chapter 8: Bail and Bail Procedure, Indiana Code.
Amendment pending: a new version of this section takes effect Fri Jan 01 2027 00:00:00 GMT+0000 (Coordinated Universal Time).
Full text of Ind. Code § 35-33-8-3.8
Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.
Sec. 3.8. (a) A court shall consider the results of the Indiana pretrial risk assessment system (if available) before setting or modifying bail for an arrestee. (b) If the court finds, based on the results of the Indiana pretrial risk assessment system (if available) and other relevant factors, that an arrestee does not present a substantial risk of flight or danger to the arrestee or others, the court shall consider releasing the arrestee without money bail or surety, subject to restrictions and conditions as determined by the court, unless one (1) or more of the following apply: (1) The arrestee is charged with murder or treason. (2) The arrestee is on pretrial release not related to the incident that is the basis for the present arrest. (3) The arrestee is on probation, parole, or other community supervision. The court is not required to administer an assessment before releasing an arrestee if administering the assessment will delay the arrestee's release.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.