Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 70
AN ACT to amend the Indiana Code concerning criminal law and
procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-2-25 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]:
Chapter 25. Bail and Release Review Commission
Sec. 1. As used in this chapter, "commission" means the bail and
release review commission established by section 2 of this chapter.
Sec. 2. The bail and release review commission is established as
a temporary executive branch commission to do the following:
(1) Review data concerning the effect of bail reform measures
on public safety, including violent crime and recidivism.
(2) Review data concerning the effectiveness of pretrial
release measures in ensuring a defendant's court appearance.
(3) Review data concerning the effectiveness of pretrial
release reform efforts in Indiana.
(4) Review the effect of pretrial detention on defendants.
(5) Review bail schedules and practices used statewide.
(6) Review the effectiveness of bail and release measures used
in other states.
(7) Before November 1 of each year, issue a report containing
its findings and recommendations to:
(A) the governor; and
SEA 70 2
(B) the legislative council.
The report to the legislative council must be in an electronic
format under IC 5-14-6.
Sec. 3. The commission consists of the following sixteen (16)
members:
(1) The president pro tempore of the senate, or a designee of
the president pro tempore who is a member of the senate. The
president pro tempore or designee shall serve as a
co-chairperson of the commission.
(2) The minority leader of the senate or a designee of the
minority leader who is a member of the senate.
(3) The speaker of the house of representatives or the
speaker's designee who is a member of the house of
representatives. The speaker or designee shall serve as a
co-chairperson of the commission.
(4) The minority leader of the house of representatives or the
minority leader's designee who is a member of the house of
representatives.
(5) The governor or the governor's designee.
(6) The superintendent of the state police department or the
superintendent's designee.
(7) The commissioner of the Indiana department of correction
or the commissioner's designee.
(8) The director of the division of mental health and addiction
of the office of the secretary of the family and social services
administration or the director's designee.
(9) The budget director or the budget director's designee.
(10) The chief justice of Indiana or the chief justice's designee.
(11) The president of the Indiana judges association or the
president's designee.
(12) The executive director of the Indiana prosecuting
attorneys council or the executive director's designee.
(13) A victim advocate from a prosecuting attorney's office,
appointed by the executive director of the Indiana prosecuting
attorneys council.
(14) The executive director of the Indiana public defender
council or the executive director's designee.
(15) The president of the Indiana sheriffs' association or the
president's designee.
(16) The executive director of the association of Indiana
counties or the executive director's designee.
Sec. 4. A member serves for a term that ends on June 30 of the
SEA 70 3
next odd-numbered year following the member's appointment.
However, the member may be reappointed to subsequent terms.
Sec. 5. A member who is not an ex officio member serves at the
pleasure of the appointing authority.
Sec. 6. An appointment to fill a vacancy shall be made in the
same manner that an original appointment is made. An individual
appointed to fill a vacancy serves for the remainder of the term of
the former member.
Sec. 7. Each member of the commission who is a state employee
is entitled to reimbursement for traveling expenses as provided
under IC 4-13-1-4 and other expenses actually incurred in
connection with the member's duties as provided in the state
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
Sec. 8. Each member of the commission who is not a state
employee is entitled to receive the same per diem, mileage, and
travel allowances paid to individuals who serve as legislative and
lay members, respectively, of interim study committees established
by the legislative council.
Sec. 9. Each member of the council who is a member of the
general assembly is entitled to receive the same per diem, mileage,
and travel allowances paid to legislative members of interim study
committees established by the legislative council. Per diem,
mileage, and travel allowances paid under this section shall be paid
from appropriations made to the legislative council or the
legislative services agency.
Sec. 10. Except for expenses described in section 9 of this
chapter, expenses of the commission shall be paid from funds
appropriated to the governor.
Sec. 11. The commission shall hold meetings at the call of the
co-chairpersons.
Sec. 12. Nine (9) members constitute a quorum for the
transaction of business.
Sec. 13. Each member has one (1) vote.
Sec. 14. Action of the commission may be taken only upon the
affirmative votes of at least nine (9) members.
Sec. 15. The office of the governor shall staff the commission.
Sec. 16. This chapter expires June 30, 2026.
SEA 70 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 70