As police reform swept the country, many states started enacting new legislation. Many times, new laws addressed the bail process.
When officers arrest someone for a crime or on a warrant, they end up in jail. They cannot leave until a judge sets bail and they pay it. However, there have been some controversial instances of releases that led to the creation of Criminal Rule 26 in Indiana, according to the Indiana Rules of Court.
Criminal Rule 26 helps define the details of the bail process. It sets standards for release and bail amounts. It also dictates who can post bail in situations involving those charged with a felony.
The rule allows for the release of anyone who a judge deems to be unthreatening and not a flight risk on no bail or restrictions. The only exceptions are when the person faces charges for murder or treason or if the person is currently on parole, probation, community supervision or pre-trial release in another case.
Judges must use the Indiana Office of Court Services evidence-based risk assessment to determine if a person qualifies.
In the event the court does not believe a person meets the requirements of no bail, the judge can set the amount. Judges have the ability to accept partial payment and release the accused.
The court cannot use statements made by the accused as evidence when considering bail unless it was made during a pretrial proceeding.
Indiana has been using Criminal Rule 26 since September 7, 2016, but the specific details about no bail options went into effect on January 1, 2020.