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 31, 2022 BILL NUMBER: HB 1300 BILL AMENDED: Jan 27, 2022 SUBJECT: Bail. FIRST AUTHOR: Rep. Mayfield BILL STATUS: As Passed House FIRST SPONSOR: Sen. Freeman FUNDS AFFECTED:XGENERAL IMPACT: State & Local XDEDICATED 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. 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 bail agent or a person authorized by the surety 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 Office of Judicial Administration estimates the programming costs to create this HB 1300 1 application to be $35,000. Explanation of State Revenues: Bail – The provision will increase Bail Bond Enforcement and Administration 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 to this fund from new revenue from certification fees are 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