Marion County courts seek comments on proposed bail rule changes

The Marion County courts are seeking comments from legal professionals and members of the public on proposed amendments to local rules dealing with bail.

The proposed amendments relate to the Criminal Division Rules at LR49-CR00-108. Comments on the proposed amendments are sought through July 21, with the amended rule becoming effective on July 23.

Under the proposed amendments, individuals who are booked on a major felony outright arrest may not post bond until their case has been submitted to the initial hearing court for a probable cause determination and until bond has been set by a judicial officer. Those individuals booked on misdemeanor, Class D, or Level 6 felony charges, however, may post bond as soon as they are booked in by the Marion County Sheriff’s Office.

The amount of surety for murder and offenses ranging from Class A to Level 5 felonies would not change under the amended rules, though bonds for lower-level domestic violence charges would be adjusted. Specifically, a Class D or Level 6 felony domestic violence charge would carry a $2,000 cash bond, while a Class A misdemeanor charge would carry a $1,000 cash bond.

The amended rule would also change bail procedures for offenders charged with child molesting, child solicitation or being a sexually violent predator, as the initial hearing court judicial officer would be charged with setting such cases for a bail hearing. Under current rules, that responsibility falls to the commissioner of the Arrestee Processing Center. Bail hearings for those cases must still be set within 48 hours of arrest.

Individuals arrested for operating a vehicle while intoxicated would be released on their own recognizance under the proposed amendments, unless they have a prior conviction under Indiana Code section 9-30-5 or a conviction of a crime of a similar nature from another jurisdiction. Bail would be set at $500 cash for offenders arrested on OWI charges with prior convictions.

Further, any individuals booked on misdemeanor charges will be released on their own recognizance under the proposed amendments, unless they are facing misdemeanor battery, possession of a handgun without a license, domestic violence or OWI with a prior conviction charges.

The full list of proposed amendments can be read here. 

Comments on the proposed amendments should be sent to the Office of the Court Administrator either via email at [email protected] or through the mail to Emily VanOsdol, Office of the Court Administrator, Marion County Circuit and Superior Courts, 200 East Washington St., Suite T-1221, Indianapolis, 46204.