IndianaSB 2Second Regular Session 124th General Assembly (2026)SenateWALLET

Bail procedures.

Sponsored By: Aaron Freeman (Republican)

Signed by Governor

Summary

Provides that offenses other than murder are not bailable if the state proves: (1) by a preponderance of the evidence that the proof is evident or the presumption strong; and (2) by clear and convincing evidence that the arrestee is dangerous and that no conditions of release will reasonably protect the safety of other persons or the community. Establishes procedures for a bail hearing. Removes duplicative provisions concerning repeat violent arrestees. Permits a court to retain cash bail for the payment of certain costs without an indigency hearing if the defendant has executed an agreement permitting the court to retain the cash bail for these purposes.

corrections and criminal lawthe housecourts and criminal code

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 2 costs, 1 mixed.

Less bail-free release consideration for some

Beginning January 1, 2027, courts need not consider release without money bail for four additional groups under the low-risk rule. These are violent arrestees, sexually violent predator defendants, people denied bail under this law, and qualifying unlawfully present foreign nationals. This applies even when the court finds no substantial risk of flight or danger. It removes required consideration, rather than automatically denying release.

More bail payment choices for violent arrestees

Beginning January 1, 2027, violent arrestees can cover the full bail amount with a surety bond, cash, or both. This applies to arrests or charges for listed crimes of violence classified as Level 1 through Level 5 felonies. The court must set bail individually after an open-court hearing. The law changes payment choices, not the bail amount.

Proof and lawyer rights before bail denial

Beginning January 1, 2027, courts can deny bail for non-murder charges only after a hearing. The state must prove, more likely than not, that proof of the charged offense is evident or the presumption strong. Clear and convincing evidence must also show a substantial safety risk that no release conditions can reasonably address. The state can request the hearing at or before the initial hearing, or later through a verified petition based on previously unknown or unavailable information. Hearings must occur within 48 hours after filing; extensions allow up to five days at the arrestee’s request or three at the state’s request. Arrestees have a right to a lawyer, with appointed counsel for those unable to afford one. Bail denial requires written findings, generally barred as substantive trial evidence except for impeachment or perjury purposes.

Courts can keep defendants’ cash bail

Beginning January 1, 2027, courts may require defendants or bail depositors to sign an agreement allowing cash retention. The agreement must be explained before signing and covers cash bail, including cash posted with other security. Courts may keep some or all cash without an indigency hearing for publicly paid legal costs. After conviction, retention may also cover court-ordered fines, costs, fees, and restitution. People requesting appointed counsel who paid cash bail and signed the agreement may owe $200 per felony case or $100 per misdemeanor case without an indigency hearing.

Bail depositors get a return deadline

Beginning January 1, 2027, courts must order remaining qualifying bail deposits returned to the depositor within 30 days after charges end. The deadline follows dismissal, acquittal, or conviction. Any portion not returned goes to the county Supplemental Public Defender Services Fund.

Sponsors & Cosponsors

Sponsor

  • Aaron Freeman

    Republican • Senate

Cosponsors

  • Chris Jeter

    Republican • House

  • Cyndi Carrasco

    Republican • Senate

  • Eric Koch

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 152 • No: 29

Senate vote • 2/25/2026

Senate concurred with House amendments

Yes: 38 • No: 8

House vote • 2/17/2026

Third reading: passed

Yes: 75 • No: 13

Senate vote • 1/20/2026

Third reading: passed

Yes: 39 • No: 8

Bill Text

  • Engrossed Senate Bill (H)

  • Engrossed Senate Bill (S)

  • Enrolled Senate Bill (S)

  • Introduced Senate Bill (S)

  • Senate Bill (S)

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