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: Mar 9, 2022
BILL NUMBER: HB 1300 BILL AMENDED: Mar 9, 2022
SUBJECT: Bail.
FIRST AUTHOR: Rep. Mayfield BILL STATUS: Enrolled
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 three 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.
Effective Date: Upon passage; July 1, 2022.
Explanation of State Expenditures: Charitable Organization – The bill will increase the workload of the
HB 1300 1 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 three
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.
Charitable Organization – Charitable organizations would not be permitted to post bail for persons who
either have been charged with a "crime of violence" or charged with a felony and have a prior conviction for
a "crime of violence" as defined in IC 35-50-1-2(a).
Explanation of Local Revenues:
State Agencies Affected: Department of Insurance; Office of Judicial Administration, Indiana Supreme
Court
Local Agencies Affected: Courts with criminal jurisdiction, prosecuting attorneys, law enforcement
agencies, public defender offices
Information Sources: Department of Insurance; Office of Judicial Administration
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1300 2