Bail Out: Indiana Supreme Court Changes the Rule on Bail Money

September 10, 2016

By Keffer Hirschauer LLP

This past week, the Indiana Supreme Court issued an order adopting Criminal Rule 26, which addresses evidence-based risk assessments to make determinations about an individual’s pre-trial release in a criminal case. See (last visited September 9, 2016). The Court explained in its order that the primary purpose of bail, and other conditions of release from jail, is to maximize the likelihood that a defendant will appear in court while striving for protection of the public’s safety and a defendant’s constitutional right to the presumption of innocence.

It appears from the comments in the Rule that the Court is attempting to allow for the release of those individuals who do not pose a threat for public safety in order to eliminate the unnecessary expenses that are caused by housing those individuals in local jails. The Court hopes that the new rule will empower Hoosier judges to release arrestees earlier, reduce costs and expenses to local jails, and allow for those individuals to continue to work and provide support for their families while they are facing criminal charges.

Practically speaking, what does the new rule mean? Major portions of the Rule do not go into effect until January 1, 2018. Consequently, evidence-based risk assessments will not be required in many Hoosier courtrooms this year. However, in light of the upcoming change, it is certainly likely that Judges would entertain or consider a change to the bail or bond amount for individuals who are currently facing charges.

Contact us today if you have questions or believe your constitutional or criminal rights have been violated. We stand ready to provide our clients with trusted representation and accurate information regarding the law and its application to their individualized case. Act now and contact us today at (317) 857-0160.