LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6885 NOTE PREPARED: Jan 5, 2022
BILL NUMBER: HB 1300 BILL AMENDED:
SUBJECT: Bail.
FIRST AUTHOR: Rep. Mayfield BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
DEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
A. Bail – It allows a charitable organization to pay bail on behalf of a defendant if the organization:
(1) is certified by the Commissioner of the Department of Insurance; (2) pays cash bail in the amount
of $2,000 or less on behalf of a defendant charged only with a misdemeanor; (3) only pays bail for
a defendant who is indigent; (4) is represented by a bail agent; and (5) meets certain other
requirements. It exempts from the certification requirement a charitable organization that pays bail
for not more than two individuals in any 180 day period. It provides that if money or bonds have
been set, bail by surety may be substituted for the money or bonds at any time before a breach.
B. Searchable Field – It provides that a case management system developed and operated by the Office
of Judicial Administration must include a searchable field for certain information of the person or
entity that pays bail for an individual.
Effective Date: July 1, 2022.
Explanation of State Expenditures: Bail – The bill will increase the workload of the Department of
Insurance (DOI) to adopt rules concerning charitable bail organizations as well as receive and review
certification requests from charitable bail organizations that intend to provide bail for more than two people
in a six-month period. The bill’s requirements are within the agency’s routine administrative functions and
should be able to be implemented with no additional appropriations, assuming near customary agency
staffing and resource levels.
Searchable Field – The programming costs that the Indiana Supreme Court would incur to add this new field
HB 1300 1 is currently not determinable. This fiscal note will be updated when this information is available. All trial
courts currently use the Odyssey Case Management System (referred to in Indiana Code as “a case
management system developed and operated by the Office of Judicial Administration”). Odyssey is currently
capable of recording the name and address of the person who paid the bail, but there is no dedicated field
to record the bail agent number. Tyler Technologies, which owns the Odyssey operating system would be
required to reprogram Odyssey to include this new field.
Explanation of State Revenues: Bail – The bill will increase General Fund revenue to the extent
individuals apply for charitable bail organization certifications issued by the DOI. The initial and renewal
application fee is $300, with certification lasting two years. The total number of charitable bail organizations
in the state is unknown. Increases in General Fund revenue from certification fees is expected to be minimal.
Explanation of Local Expenditures: Searchable Field – Courts and sheriffs may incur new training costs.
Frequently, the clerks receive a form from the jail which does not consistently include the information about
the bail agent. Jail staff would need to record this information and send it to the clerk.
Explanation of Local Revenues:
State Agencies Affected: Department of Insurance; Office of Judicial Administration
Local Agencies Affected: Courts with criminal jurisdiction
Information Sources: Department of Insurance; Office of Judicial Administration
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1300 2