Articles

Rethinking bail: Pretrial release and apps among trends here and nationwide

The drumbeat to reexamine the practice of cash bail in Indiana and nationally has grown louder in recent years as jails groan under the weight of overpopulation. A court pilot program in Indiana assesses risk while a private initiative in New York uses computing power to raise money to pay bail for nonviolent arrestees.

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COA orders return of bond balance

The Indiana Court of Appeals has reversed a Fayette Circuit Court decision to hold the balance of a man’s bond in trust after finding that Indiana law prohibits courts from holding bonds in trust for public defender fees not yet incurred.

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Divided COA reverses denial of proceedings supplemental

A divided Indiana Court of Appeals panel has reversed a trial court’s denial of a motion for proceedings supplemental in a civil case, writing that it was incumbent upon the county clerk, not the litigant, to ensure that a criminal court knew of a lien against criminal bond proceeds.

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NH judges, lawyers draft rules to not jail poor who owe fines

Judges and lawyers for the New Hampshire Civil Liberties Union have hammered out an agreement that would halt the jailing of indigents who fail to pay fines until a lawyer can be appointed for them. Some Indiana trial courts plan to utilize a risk assessment tool to identify who can be discharged without posting bail.

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Court must consider man’s self-defense claim at new bail hearing

A defendant accused of murder must be allowed to present evidence and witnesses at a bail hearing in an endeavor to rebut the state’s burden that the defendant likely committed murder, the Indiana Court of Appeals held Thursday. Since that did not happen in James Satterfield’s case, the judges remanded the matter for further proceedings.

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Supreme Court committee studying alternatives to bail

The Committee to Study Evidence-Based Pretrial Release was established by Indiana Chief Justice Brent Dickson in December 2013. The Supreme Court wants a study and evaluation of the risk-assessment tools that are available to determine when pretrial release is appropriate and under what conditions.

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