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: Feb 22, 2022
BILL NUMBER: HB 1300 BILL AMENDED: Feb 17, 2022
SUBJECT: Bail.
FIRST AUTHOR: Rep. Mayfield BILL STATUS: 2
nd
Reading - 2
nd
House
FIRST SPONSOR: Sen. Freeman
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
A. Charitable Organization – It allows a charitable organization to pay bail on behalf of specified non-
violent defendants if the organization meets certain criteria and is certified by the Commissioner of
the Department of Insurance ("commissioner"). It specifies the circumstances under which a
certification may be revoked, and exempts from the certification requirement a charitable
organization that pays bail for not more than two individuals in any 180 day period. It requires the
commissioner to adopt rules, including emergency rules, for the certification of charitable bail
organizations.
B. Posting Bail – It prohibits the state and a political subdivision from: (1) posting bail for any person;
or (2) providing a grant to any entity that provides funding for any person who posts bail. It prohibits
an entity that has received a grant from the state or a political subdivision from posting bail for any
person or providing a grant, directly or indirectly, to an entity that posts bail for any person. It
requires a person paying cash bail, including a charitable bail organization, to execute an agreement
requiring the court to retain all or part of the bail to pay certain court costs. It requires that bail be
returned to the person who posted it.
C. 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.
D. Violent Defendants – It provides that a court may not admit a violent defendant to bail until the court
has conducted a hearing in open court. It permits a victim to be heard at the bail hearing for certain
defendants.
E. Marion County – It establishes the violent arrestee pilot project in Marion County, requires a
HB 1300 1 minimum bail amount for a repeat violent arrestee in Marion County, and requires the revocation
of bail for a Marion County violent arrestee who commits a new felony while on bail.
Effective Date: Upon passage; July 1, 2022.
Explanation of State Expenditures: Charitable Organization – 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
application to be $35,000.
Explanation of State Revenues: Charitable Organization – 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.
Violent Defendants – This provision applies to all counties except Marion County and could increase the
number of new defendants who would need to have a bail hearing in open court by between 1,900 and 2,000
statewide. The following table summarizes effect on counties due to this change. Of the 91 counties, 84
would have 50 or fewer new cases requiring an open hearing over the course of a year.
Estimated Number of Violent Defendents Requiring Bail Hearing in Open Court
Over the Course of 12 Months
Number of Cases per Year
5 or
Fewer
Between 5
and 15
Between 15
and 25
Between 25
and 50
Between 50
and 100
More
than 100
Number of Counties 20 33 19 12 4 3
Analysis based on abstracts of judgment in FY 2021
Under current law, persons who are arrested for or charged with an offense under IC 11-8-8-5 (Sex or Violent
Offender) and have a prior conviction for rape, criminal deviate conduct, child molesting or vicarious sexual
gratification are required to have a bail hearing in open court if they are arrested or charged with a crime
under IC 11-8-8-5. As proposed, a person who is arrested or charged with a crime of violence (IC 35-50-1-2)
will be required to have a bail hearing in open court. No prior conviction is required. A list of these crimes
is included at the end of the fiscal note.
For FY 2021, in all counties except Marion County 749 persons were convicted and sentenced for the
offenses listed as sex and violent offenders under IC 11-8-8-5 as compared to 2,267 that would have been
crimes of violence under IC 35-50-1-2.
HB 1300 2 Depending on the number of additional hearings, courts with criminal jurisdiction, prosecutor's offices, and
law enforcement agencies may require additional resources because the hearing would be required to be
conducted within 48 hours of the arrest or charge. Ultimately, the resources required to satisfy the
requirements of the bill will depend on local actions.
Marion County – Marion County could have as many as 530 new defendants who would be required to
receive a bail hearing in open court due to this bill. Marion County may also require additional resources to
conduct the additional bail hearings in open court within the 48 hour deadline.
Explanation of Local Revenues:
State Agencies Affected: Department of Insurance; Office of Judicial Administration
Local Agencies Affected: Courts with criminal jurisdiction, prosecuting attorneys, law enforcement
agencies, public defender offices
Information Sources: Department of Insurance; Office of Judicial Administration; Abstracts of Judgment,
Indiana Supreme Court
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1300 3 IC 11-8-8-5 "Sex or Violent Offender"
Child exploitation (IC 35-42-4-4) Possession of child pornography (IC 35-42-4-4(d)
Child molesting (IC 35-42-4-3). Promoting prostitution (IC 35-45-4-4) as a Class
Child seduction (IC 35-42-4-7). Promotion of child sexual trafficking under IC 35
Child sexual trafficking (IC 35-42-3.5-1.3). Promotion of human sexual trafficking IC 35-42-3.5-1.1.
Child solicitation (IC 35-42-4-6). Promotion of sexual trafficking (IC 35-42-3.5-1.2(c))
Criminal confinement (IC 35-42-3-3) Rape (IC 35-42-4-1).
Human trafficking (IC 35-42-3.5-1.4) Sexual battery (IC 35-42-4-8).
Kidnapping (IC 35-42-3-2) Sexual misconduct by service provider (IC 35-44.1-3-10(c))
Murder (IC 35-42-1-1). Voluntary manslaughter (IC 35-42-1-3).
Incest (IC 35-46-1-3).
35-50-1-2 "Crime of Violence"
Aggravated battery (IC 35-42-2-1.5) Murder (IC 35-42-1-1)
Attempted murder (IC 35-41-5-1) OWI causing death or SBI (IC 9-30-5-4,5)
Battery (IC 35-42-2-1) Level 2 - 5 Rape (IC 35-42-4-1)
Burglary (IC 35-43-2-1) Level 1 -4 Reckless homicide (IC 35-42-1-5)
Child exploitation IC 35-42-4-4(c). Level 5Resisting law enforcement (IC 35-44.1) Level 2 - 5
Child molesting (IC 35-42-4-3). Robbery (IC 35-42-5-1) Level 2, 3
Crim deviate conduct (IC 35-42-4-2) (b/f 2014)Sex misconduct with minor (IC 35-42-4-9) Level 1, 2
Domestic battery (IC 35-42-2-1.3) Level 2 - 5Strangulation (IC 35-42-2-9) Level 5
Involuntary manslaughter (IC 35-42-1-4). Unlawful possession of a firearm (IC 35-47-4-5)
Kidnapping (IC 35-42-3-2) Voluntary manslaughter (IC 35-42-1-3)
HB 1300 4