Sec. 3.2. (a) After considering the results of the
Indiana pretrial risk assessment system (if available), other relevant
factors, and bail guidelines described in section 3.8 of this chapter, a
court may admit a defendant to bail and impose any of the following
conditions to assure the defendant's appearance at any stage of the legal
proceedings, or, upon a showing of clear and convincing evidence that
the defendant poses a risk of physical danger to another person or the
community, to assure the public's physical safety:
(1) Require the defendant to:
(A) execute a bail bond with sufficient solvent sureties;
(B) deposit cash or securities in an amount equal to the bail;
(C) execute a bond secured by real estate in the county, where
thirty-three hundredths (0.33) of the true tax value less
encumbrances is at least equal to the amount of the bail;
(D) post a real estate bond; or
(E) perform any combination of the requirements described in
clauses (A) through (D).
If the court requires the defendant to deposit cash or cash and
another form of security as bail, the court may require the
defendant and each person who makes the deposit on behalf of the
defendant to execute an agreement that allows the court to retain
all or a part of the cash to pay publicly paid costs of
representation and fines, costs, fees, and restitution that the court
may order the defendant to pay if the defendant is convicted.
Before execution of the agreement, the defendant or person who
makes the deposit on behalf of the defendant shall be advised that,
upon conviction of the defendant, the court may retain from the
cash deposited as bail all or a part of the cash to pay publicly paid
costs of representation and fines, costs, fees, and restitution that
the court may order the defendant to pay if the defendant is
convicted. The defendant must also pay the fee required by
subsection (d).
(2) Require the defendant to execute:
(A) a bail bond by depositing cash or securities with the clerk
of the court in an amount not less than ten percent (10%) of the
bail; and
(B) an agreement that allows the court to retain all or a part of
the cash or securities to pay fines, costs, fees, and restitution
that the court may order the defendant to pay if the defendant
is convicted.
A portion of the deposit, not to exceed ten percent (10%) of the
monetary value of the deposit or fifty dollars ($50), whichever is
the lesser amount, may be retained as an administrative fee. The
clerk shall also retain from the deposit under this subdivision
fines, costs, fees, and restitution as ordered by the court, publicly
paid costs of representation that shall be disposed of in
accordance with subsection (b), and the fee required by
subsection (d). In the event of the posting of a real estate bond,
the bond shall be used only to insure the presence of the
defendant at any stage of the legal proceedings, but shall not be
foreclosed for the payment of fines, costs, fees, or restitution. The
individual posting bail for the defendant or the defendant
admitted to bail under this subdivision must be notified by the
sheriff, court, or clerk that the defendant's deposit may be
forfeited under section 7 of this chapter or retained under
subsection (b).
(3) Impose reasonable restrictions on the activities, movements,
associations, and residence of the defendant during the period of
release.
(4) Except as provided in section 3.6 of this chapter, require the
defendant to refrain from any direct or indirect contact with an
individual and, if the defendant has been charged with an offense
under IC 35-46-3, any animal belonging to the individual,
including if the defendant has not been released from lawful
detention.
(5) Place the defendant under the reasonable supervision of a
probation officer, pretrial services agency, or other appropriate
public official. If the court places the defendant under the
supervision of a probation officer or pretrial services agency, the
court shall determine whether the defendant must pay the pretrial
services fee under section 3.3 of this chapter.
(6) Release the defendant into the care of a qualified person or
organization responsible for supervising the defendant and
assisting the defendant in appearing in court. The supervisor shall
maintain reasonable contact with the defendant in order to assist
the defendant in making arrangements to appear in court and,
where appropriate, shall accompany the defendant to court. The
supervisor need not be financially responsible for the defendant.
(7) Release the defendant on personal recognizance unless:
(A) the state presents evidence relevant to a risk by the
defendant:
(i) of nonappearance; or
(ii) to the physical safety of the public; and
(B) the court finds by a preponderance of the evidence that the
risk exists.
(8) Require a defendant charged with an offense under IC 35-46-3
to refrain from owning, harboring, or training an animal.
(9) Require a defendant to participate in a mental health referral
program under IC 33-23-18.
(10) Impose any other reasonable restrictions designed to assure
the defendant's presence in court or the physical safety of another
person or the community.
(b) Within thirty (30) days after disposition of the charges against
the defendant, the court that admitted the defendant to bail shall order
the clerk to remit the amount of the deposit remaining under subsection
(a)(2) to the person who made the deposit. The portion of the deposit
that is not remitted to the person who made the deposit shall be
deposited by the clerk in the supplemental public defender services
fund established under IC 33-40-3.
(c) For purposes of subsection (b), "disposition" occurs when the
indictment or information is dismissed or the defendant is acquitted or
convicted of the charges.
(d) Except as provided in subsection (e), the clerk of the court shall:
(1) collect a fee of five dollars ($5) from each bond or deposit
required under subsection (a)(1); and
(2) retain a fee of five dollars ($5) from each deposit under
subsection (a)(2).
The clerk of the court shall semiannually remit the fees collected under
this subsection to the board of trustees of the Indiana public retirement
system for deposit in the special death benefit fund. The fee required
by subdivision (2) is in addition to the administrative fee retained under
subsection (a)(2).
(e) With the approval of the clerk of the court, the county sheriff
may collect the bail posted under this section. The county sheriff shall
remit the bail to the clerk of the court by the following business day
and remit monthly the five dollar ($5) special death benefit fee to the
county auditor.
(f) When a court imposes a condition of bail described in subsection
(a)(4):
(1) the clerk of the court shall comply with IC 5-2-9; and
(2) the prosecuting attorney shall file a confidential form
prescribed or approved by the office of judicial administration
with the clerk.
(g) The clerk of the court shall record the name, address, and bail
agent license number, if applicable, of the bail agent or a person
authorized by the surety posting bail for the defendant in the county
court electronic case management system.
As added by P.L.107-1998, SEC.2. Amended by P.L.1-2001,
SEC.36; P.L.1-2003, SEC.91; P.L.98-2004, SEC.140; P.L.10-2005,
SEC.4; P.L.1-2006, SEC.528; P.L.97-2006, SEC.1; P.L.173-2006,
SEC.42; P.L.1-2007, SEC.226; P.L.104-2008, SEC.6; P.L.111-2009,
SEC.7; P.L.94-2010, SEC.9; P.L.35-2012, SEC.107; P.L.187-2017,
SEC.5; P.L.161-2018, SEC.115; P.L.147-2022, SEC.6; P.L.205-2023,
SEC.30.
Notes of Decisions
Cited in
46
cases (
4 in the last 5 years), 1998–2026 · leading case:
Wright v. State, 949 N.E.2d 411 (Ind. Ct. App. 2011).
Wright v. State, 949 N.E.2d 411 (Ind. Ct. App. 2011).
· cites it 25× “” 5 The State counters that Wright’s argument ignores the fact that the public defender fee was paid out of the escrow fund from her $1000 bond pursuant to the terms of her cash bail bond agreement and Indiana Code Section 35-33-8-3.2, which governs the conditions the trial…”
Maroney v. State, 849 N.E.2d 745 (Ind. Ct. App. 2006).
· cites it 14× “Ind.Code § 35-33-8-3.2 (2004 & Supp. 2006).”
Steiner v. State, 763 N.E.2d 1024 (Ind. Ct. App. 2002).
· cites it 15× “Indiana Code § 35-33-8-3.2 governs the conditions that a trial court can order when admitting a defendant to bail.”
Lake Cnty. Clerk's Off. v. Smith, 766 N.E.2d 707 (Ind. 2002).
· cites it 9× “For example, Indiana Code section 35-33-8-3.2 provides that a court may "admit a defendant to bail" and impose any of the following conditions to ensure the defendant's presence at any stage of the legal proceedings: (1) Require the defendant to: (A) execute a bail bond with…”
Kimbrough v. State, 911 N.E.2d 621 (Ind. Ct. App. 2009).
· cites it 4× “In accordance with this statute, and in rejecting the applicability of Indiana Code § 35-33-8-3.2, which authorizes a trial court to deduct additional money to cover the cost of a public defender from a bond *637 that is posted, we specifically observed that "Turner posted no…”
Goffinet v. State, 775 N.E.2d 1227 (Ind. Ct. App. 2002).
· cites it 8× “Indiana Code Section 35-33-8-3.2 governs bail and bail procedure and provides in relevant part as follows: (a) A court may admit a defendant to bail and impose any of the following conditions to assure the defendant’s appearance at any stage of the legal proceedings, or, upon a…”
Smith v. Lake Cnty., 863 N.E.2d 464 (Ind. Ct. App. 2007).
· cites it 14× “The complaint alleged that Indiana Code Section 35-33-8-3.2 and other bail statutes were unconstitutional under the Equal Protection Clause of the U.”
Hammon v. State, 829 N.E.2d 444 (Ind. 2005).
· cites it 2× “The Court of Appeals reversed the trial court, agreeing with the State that Indiana Code section 35-33-8-3.2(a)(1) governing full cash bonds does not include the authority conferred in subsection (a)(2) to apply 10% deposit bonds to administrative costs.”
Blixt v. State, 872 N.E.2d 149 (Ind. Ct. App. 2007).
· cites it 4× “He then points out that a recent amendment to Indiana Code Section 35-33-8-3.2(a) post-dated the date of his offense.”
Traylor v. State, 817 N.E.2d 611 (Ind. Ct. App. 2004).
· cites it 2× “Thus, both parties in this case agree that if the bond that the trial court withheld included only the ten percent deposit on Traylor's original bond of $50,000, under Indiana Code section 35-33-8-3.2(2)(A), the trial court would be entitled to withhold Traylor's deposit to…”
Sneed v. State, 946 N.E.2d 1255 (Ind. Ct. App. 2011).
· cites it 2× “By statute, a trial court has several options regarding the manner of executing bail; it may require the defendant to: execute a bail bond with sufficient solvent sureties; deposit cash or securities in an amount equal to the bail; deposit cash or securities in an amount not…”
— Ind. Code § 35-33-8-3.2(2) — 1 case
Lake Cnty. Clerk's Off. v. Smith, 766 N.E.2d 707 (Ind. 2002).
“For example, Indiana Code section 35-33-8-3.2 provides that a court may "admit a defendant to bail" and impose any of the following conditions to ensure the defendant's presence at any stage of the legal proceedings: (1) Require the defendant to: (A) execute a bail bond with…”
— Ind. Code § 35-33-8-3.2(2)(A) — 1 case
Traylor v. State, 817 N.E.2d 611 (Ind. Ct. App. 2004).
“Thus, both parties in this case agree that if the bond that the trial court withheld included only the ten percent deposit on Traylor's original bond of $50,000, under Indiana Code section 35-33-8-3.2(2)(A), the trial court would be entitled to withhold Traylor's deposit to…”
— Ind. Code § 35-33-8-3.2(4) — 1 case
— Ind. Code § 35-33-8-3.2(a) — 10 cases
Steiner v. State, 763 N.E.2d 1024 (Ind. Ct. App. 2002).
“Indiana Code § 35-33-8-3.2 governs the conditions that a trial court can order when admitting a defendant to bail.”
Blixt v. State, 872 N.E.2d 149 (Ind. Ct. App. 2007).
“He then points out that a recent amendment to Indiana Code Section 35-33-8-3.2(a) post-dated the date of his offense.”
Sneed v. State, 946 N.E.2d 1255 (Ind. Ct. App. 2011).
“By statute, a trial court has several options regarding the manner of executing bail; it may require the defendant to: execute a bail bond with sufficient solvent sureties; deposit cash or securities in an amount equal to the bail; deposit cash or securities in an amount not…”
— Ind. Code § 35-33-8-3.2(a)(1) — 6 cases
Hammon v. State, 829 N.E.2d 444 (Ind. 2005).
“The Court of Appeals reversed the trial court, agreeing with the State that Indiana Code section 35-33-8-3.2(a)(1) governing full cash bonds does not include the authority conferred in subsection (a)(2) to apply 10% deposit bonds to administrative costs.”
— Ind. Code § 35-33-8-3.2(a)(1)(A) — 4 cases
Lake Cnty. Clerk's Off. v. Smith, 766 N.E.2d 707 (Ind. 2002).
“For example, Indiana Code section 35-33-8-3.2 provides that a court may "admit a defendant to bail" and impose any of the following conditions to ensure the defendant's presence at any stage of the legal proceedings: (1) Require the defendant to: (A) execute a bail bond with…”
Smith v. Lake Cnty., 863 N.E.2d 464 (Ind. Ct. App. 2007).
“The complaint alleged that Indiana Code Section 35-33-8-3.2 and other bail statutes were unconstitutional under the Equal Protection Clause of the U.”
— Ind. Code § 35-33-8-3.2(a)(1)(B) — 1 case
— Ind. Code § 35-33-8-3.2(a)(2) — 15 cases
Wright v. State, 949 N.E.2d 411 (Ind. Ct. App. 2011).
“” 5 The State counters that Wright’s argument ignores the fact that the public defender fee was paid out of the escrow fund from her $1000 bond pursuant to the terms of her cash bail bond agreement and Indiana Code Section 35-33-8-3.2, which governs the conditions the trial…”
Kimbrough v. State, 911 N.E.2d 621 (Ind. Ct. App. 2009).
“In accordance with this statute, and in rejecting the applicability of Indiana Code § 35-33-8-3.2, which authorizes a trial court to deduct additional money to cover the cost of a public defender from a bond *637 that is posted, we specifically observed that "Turner posted no…”
Maroney v. State, 849 N.E.2d 745 (Ind. Ct. App. 2006).
“Ind.Code § 35-33-8-3.2 (2004 & Supp. 2006).”
Goffinet v. State, 775 N.E.2d 1227 (Ind. Ct. App. 2002).
“Indiana Code Section 35-33-8-3.2 governs bail and bail procedure and provides in relevant part as follows: (a) A court may admit a defendant to bail and impose any of the following conditions to assure the defendant’s appearance at any stage of the legal proceedings, or, upon a…”
Lake Cnty. Clerk's Off. v. Smith, 766 N.E.2d 707 (Ind. 2002).
“For example, Indiana Code section 35-33-8-3.2 provides that a court may "admit a defendant to bail" and impose any of the following conditions to ensure the defendant's presence at any stage of the legal proceedings: (1) Require the defendant to: (A) execute a bail bond with…”
— Ind. Code § 35-33-8-3.2(a)(2)(B) — 1 case
— Ind. Code § 35-33-8-3.2(a)(4) — 3 cases
— Ind. Code § 35-33-8-3.2(a)(5) — 1 case
— Ind. Code § 35-33-8-3.2(a)(8) — 1 case
Steiner v. State, 763 N.E.2d 1024 (Ind. Ct. App. 2002).
“Indiana Code § 35-33-8-3.2 governs the conditions that a trial court can order when admitting a defendant to bail.”
— Ind. Code § 35-33-8-3.2(b) — 4 cases
— Ind. Code § 35-33-8-3.2(d) — 1 case
— Ind. Code § 35-33-8-3.2(d)(1) — 1 case
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.