Appendix A

APPENDIX A TO LR29-CR00-305


HAMILTON COUNTY BOND SCHEDULE

SCOPE: This bond schedule applies to all cases to be filed in the Circuit and Superior Courts of this County and in the City of Carmel, City of Noblesville, and Town of Fishers Courts. THE SHERIFF OF HAMILTON COUNTY IS HEREBY ORDERED TO FOLLOW THIS BOND SCHEDULE FOR SETTING BONDS FOR ALL PERSONS ARRESTED WITHOUT WARRANTS FOR CRIMINAL OFFENSES TO BE FILED IN THE ABOVE COURTS:

FELONIES: 

  • MURDER ............................. NO BOND
  • HABITUAL OFFENDER ....... $50,000
  • LEVEL 1 & 2 ........................ $50,000
  • LEVEL 3 & 4 ........................ $25,000
  • LEVEL 5 .............................. $10,000
  • LEVEL 6 .............................. $ 5,000

MISDEMEANORS: 

  • CLASS A MISDEMEANOR ................. $ 2,500
  • CLASS B MISDEMEANOR.................. $ 1,000
  • CLASS C MISDEMEANOR.................. $ 500

EXCEPTIONS: The following are exceptions to the above listed schedule:

  • Operating While Intoxicated, Second Offense (Level 6 felony) ..........................................$ 7,500
  • Operating While Intoxicated Resulting in Serious Bodily Injury (Level 6 felony)................$ 7,500
  • Dealing Marijuana Less Than 30 Grams (Class A misdemeanor) .....................................$ 3,500
  • False Reporting or Informing (Class A or B misdemeanor) ...............................................$ 2,500
  • Leaving the Scene of a Property Damage Accident (Class B or C misdemeanor)............$ 2,500
  • Leaving the Scene of a Personal Injury Accident (Class A misdemeanor) .......................$ 5,000
  • Operating While Intoxicated (Class C misdemeanor) .........................................................$ 2,500
  • Operating a Vehicle With at Least .08 (Class C misdemeanor) .........................................$ 2,500
  • Operating a Motorboat While Intoxicated (Class C misdemeanor) ...................................$ 2,500
  • Operating a Motorboat With at Least .08 (Class C misdemeanor) ....................................$ 2,500
  • Refusal to Identify Self (Class C misdemeanor)..................................................................$ 1,500
  • Possession of Drug Paraphernalia (Class A misdemeanor) ..............................................$ 1,000
  • Driving While Suspended (Class A misdemeanor) ..............................................................$ 1,000
  • Public Intoxication (Class B misdemeanor) ................................................. O/R (when alcohol free)
  • Illegal Cons./Poss./Transp. of Alcohol (Class C misdemeanor) ................ O/R (when alcohol free)

EXCEPTIONS FOR OUT-OF-STATE RESIDENTS: All bond amounts in this bond schedule, whether surety or cash, shall be doubled for out-of-state residents.

CASH BONDS PERMITTED: A person may post a cash bond instead of a surety bond as follows:

FELONIES: 

  • MURDER ............................................................... NO BOND
  • LEVELS 1, 2, 3, 4 & 5 ............................ Same as Bond Schedule
  • LEVEL 6 ............................. One-half (1/2) of the Bond Schedule

MISDEMEANORS: CLASS A, B, or C ....... One-half (1/2) of the Bond Schedule

All cash bonds shall be posted with the Hamilton County Sheriff or the Hamilton County Clerk only after the person posting the bond has signed the Cash Bond Agreement. Pursuant to Indiana Code 35-33-8-3.2 and 35-33-8-4, the Hamilton County Clerk shall retain a portion of each cash bond posted in criminal cases as an administrative fee. The administrative fee shall not exceed ten percent (10%) of the monetary value of the cash bond or $50, whichever is less.

LACK OF IDENTIFICATION: Any person who cannot be positively identified at book-in shall be held without bond until the person is brought before the Court for a hearing to determine bond. This includes, but is not limited to, those individuals who refuse to cooperate in their identification by refusing to be fingerprinted, individuals who possess conflicting identification, and individuals whose identifying information cannot be verified.

24- HOUR HOLD: A person arrested for battery, stalking, invasion of privacy, or strangulation, shall not be allowed to post bond under this schedule until 24 hours after book-in.

BOND AMOUNTS ARE CUMULATIVE - EXCEPTIONS: If a person has been arrested for multiple charges, the bond amount shall be the total amount required for all charges, except for the following situations:

  1. If a person has been arrested for multiple alcohol charges (operating while intoxicated, public intoxication, illegal consumption/transportation), only the highest-class bond for one charge shall be imposed for all the alcohol charges; and
  2. If a person has been arrested for multiple misdemeanor charges, the total cumulative bond for all the misdemeanors shall not exceed $5,000 ($10,000 for out-of-state residents).

BOND NOT AVAILABLE: This bond schedule shall not be used for any person arrested for a crime when it can be reasonably determined that the person was on probation, parole, bond or release on the person’s own recognizance for another offense. In such case, the person shall be detained in custody until a Court establishes the bond.

CONDITIONS OF BOND: As conditions of bond or release on recognizance (O/R), all persons posting a Bond are subject to the following conditions: 

  1. they shall appear in Court at all times required by the Court; 
  2. they shall not leave the State of Indiana without the prior written consent of the Court; 
  3. they shall not commit nor be arrested for another criminal offense; 
  4. they shall keep their attorney and the Court advised in writing of any change of address within 24 hours of such change; and,
  5. they shall comply with any other condition ordered by the Court. Pursuant to Indiana Code 35-33-8-3.2(a)(4) a person’s release may also be conditioned upon refraining from any direct or indirect contact with the alleged victim of an offense or any other individual as ordered by the Court. 

Violation of any condition may result in the revocation of bond and the issuance of a re-arrest warrant.

SUPERSEDES: This Bail Bond Schedule is effective July 1, 2014 but does not supersede the previous Bail Bond Schedule, dated January 1, 2012, ordered by the Circuit and Superior Courts of this County and the City of Carmel, City of Noblesville, and Town of Fishers Courts.

SO ORDERED this 1st day of July 2014.

Original signed by the Honorable Felix, Nation, Pfleging, Hughes, Campbell, Sturtevant, Bardach, Poindexter, Caldwell, and Henke