Hearings to deny bail; time limitations; representation rights of arrestee; factors to deny bail; findings and conclusions; reconsideration of orders denying bail
Ind. Code § 35-33-8-3.7
in effectEffective 1-1-2027.
Sec. 3.7. (a) This section does not apply to a charge of murder. A person charged with murder shall be detained as provided in section 2 of this chapter.
(b) For a charge other than murder, on motion of the state at or before an initial hearing, the court shall hold a hearing to determine whether an arrestee shall be denied bail. The state may request detention of the arrestee at a later date if it files a verified petition alleging the existence of new information that was unknown or unavailable at the time of the initial hearing.
(c) The court shall hold the bail hearing described in subsection (b) not later than forty-eight (48) hours from the time of filing, unless doing so is impracticable. However, the court may grant a continuance of:
(1) not more than five (5) days, if requested by the arrestee; and
(2) not more than three (3) days, if requested by the state.
Computation of time under this subsection does not include Saturday, Sunday, or any day on which a legal holiday is observed for state employees as provided under IC 1-1-9.
(d) At the bail hearing, the arrestee has the right to be represented by counsel and, if the arrestee is indigent, to have counsel appointed.
(e) In making a determination of whether to deny bail, a court shall consider the following factors, in addition to any other fact or circumstance relevant to reasonably assuring appearance and the safety of any other person or the community:
(1) The nature and circumstances of the offense charged, including whether the offense is an offense of violence or involves alcohol or drug abuse.
(2) The weight of the evidence against the arrestee.
(3) The history and characteristics of the arrestee, including:
(A) the character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, and criminal history of the arrestee; and
(B) whether, at the time of the current alleged offense or at the time of the arrest of the arrestee, the arrestee was on probation, parole, community corrections, or release pending trial, sentencing, appeal, or completion of sentence for the commission of an offense under the laws of this state, another state, or the United States.
(4) The nature and seriousness of the danger to any person or the community that would be posed by the arrestee's release.
(5) The availability, suitability, and effectiveness of less restrictive alternatives to detention and specific conditions of release that could reasonably mitigate the identified risk.
(6) Any other fact or circumstance that is relevant to reasonably assuring the appearance of the arrestee and the safety of any other person or the community.
(f) If the court denies bail under this section, the court shall issue written findings and conclusions setting forth reasons for the denial.
(g) No evidence or finding from a hearing under this section is admissible as substantive evidence at a trial concerning the offense for which the hearing was conducted. The evidence or findings may be admissible as impeachment or in a prosecution for perjury.
(h) If the court determines that an arrestee should not be denied bail, the court shall set terms of pretrial release for the arrestee in accordance with this chapter.
(i) An order granting or denying bail is a final appealable order.
(j) A court may reconsider an order granting or denying bail under this section if, at any time before trial, the court is made aware of information that was unknown or unobtainable at the time of a previous hearing and that has a material bearing on the issue of whether there are conditions of release that will reasonably assure the safety of any other person or the community. The court may order a new hearing under this section upon motion of the state, the arrestee, or on its own motion.
As added by P.L.64-2026, SEC.6.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/35Fetched: 10/17/2026