Appendix A

Appendix A to LR29-CR00-305.10



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 I.C. 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 of the alcohol charges; and
2.If a person has been arrested for multiple misdemeanor charges, the total cumulative bond for all of 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: (a) they shall appear in Court at all times required by the Court; (b) they shall not leave the State of Indiana without the prior written consent of the Court; (c) they shall not commit nor be arrested for another criminal offense; (d) they shall keep their attorney and the Court advised in writing of any change of address within 24 hours of such change; and, (e) they shall comply with any other condition ordered by the Court. Pursuant to I.C. 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 all the previous Bail Bond Schedules, 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 Honorables Felix , Nation, Pfleging, Hughes, Campbell, Sturtevant, Bardach, Poindexter, Caldwell, and Henke


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Appendix B to Local Rule LR 29-CR-00-305



HAMILTON COUNTY PRETRIAL RELEASE SCHEDULE


This schedule applies to all cases to be filed in the Circuit and Superior Courts of this county and the City of Carmel, City of Noblesville, and City of Fishers Courts. THE SHERIFF OF HAMILTON COUNTY IS HEREBY ORDERED TO FOLLOW THIS SCHEDULE FOR DETERMINING THE PRETRIAL RELEASE OR DETENTION OF ALL INDIVIDUALS ARRESTED FOR CRIMINAL OFFENSES TO BE FILED IN THE ABOVE COURTS

Pursuant to the authority of the Hamilton County Circuit and Superior Courts to establish a reasonable basis for release/detention in criminal cases, a pretrial release program is established in accordance with the following terms and conditions as approved this date:

1. All individuals detained in the Hamilton County Jail and otherwise eligible to post bond shall be subject to pretrial release screening and risk assessment. This pretrial release schedule shall control the release or detention of all individuals screened by the Pretrial Services Program, unless a court, on its own motion or at the request of the State, issues an order setting a bond or detaining the individual until the initial hearing.


2. An individual is eligible for screening upon being booked-in unless the individual is booked in for an alcohol related offense, or lacks the capacity to provide a valid risk assessment due to the effects of drugs, chemical withdrawal, or a mental or emotional condition. An individual bookedin for an alcohol related offense becomes eligible for screening pursuant to the chart established for release eligibility in I.C. 35-33-1-6. An individual who lacks the capacity to provide a valid risk assessment becomes eligible for screening when he/she regains that capacity.


3. If an individual is not screened within eight hours of being eligible for screening, the individual may be released in accordance with the Hamilton County Bond Schedule already in effect. Said individual however may be screened prior to posting bond if the screening can be completed without delaying the individual’s release. If found to be appropriate, the individual may be released to the Pretrial Services Program.

4. Except as provided in paragraph 3 above, no individual shall be released pursuant to this Pretrial Release Schedule or the Hamilton County Bond Schedule until that person is screened by the Pretrial Services Program, and that screening shall include the administration of at least one State approved pretrial risk assessment and such other risk assessment instrument(s) that may be approved and required by the judges of the Circuit and Superior Courts of Hamilton County.

5. All decisions regarding release and release conditions under this Pretrial Release Schedule are conditional and may be reviewed sua sponte by the Court at the initial hearing based upon information obtained through the pretrial screening process. Subsequent to the initial hearing (or waiver thereof), the Court, sua sponte, or the Prosecuting Attorney or Defendant by written motion may request a hearing on the Defendant’s pretrial release/detention status and/or conditions of release.



6.    The following four risk categories are established:
Category 1
Category 2
Category 3
Category 4
7.    Every detainee classified in Category 4 shall be detained in custody until his or her release can be reviewed by a judicial officer at or before the initial hearing. 

8.    A person shall be placed in Category 4 if he/she:
(a) he/she is charged with an offense listed in Offense Level “D” as provided in paragraph 14;

(b) he/she is an individual who cannot be positively identified including, but not limited to, those individuals who refuse to cooperate in their identification by refusing to be fingerprinted, individuals who provide conflicting identification, and individuals whose identifying information cannot be verified;

(c) he/she has an outstanding arrest warrant, or is on probation or community corrections, or is currently released on bond or recognizance or to a pretrial release program for a pending criminal case;


(d) he/she is charged with Battery, Stalking, Invasion of Privacy, or Strangulation. Such an individual shall remain in Category 4 for 24 hours after book-in; thereafter, release shall be in accordance with the individual’s true assessed risk category and the matrix in
Attachment 1;

(e) he/she refuses to cooperate in the risk assessment and/or pretrial screening process;

(f) he/she scores in higher than category 3 on the pretrial risk assessment.


9. Any individual assessed as Category 1, Category 2, or Category 3, but not placed in Category 4 as above, shall be released on his/her own recognizance and shall be supervised through the pretrial release program under the appropriate level of supervision.


10. For the purpose of identifying the appropriate level of supervision from the matrix in Attachment 1, the following offense levels are established:

Offense Level A
Offense Level B
Offense Level C
Offense Level D

11. Offense Level “A” includes:
(a) all nonviolent misdemeanor offenses except Operating a Vehicle While Intoxicated (“OWI”), and Leaving the Scene of an Accident.

(b) “Nonviolent” for this level means an offense in which:

(i) no firearm or deadly weapon was used or involved in any way;

(ii) no bodily injury occurred to any person;

(iii) no force was used or threatened against any person; and
(iv) is not listed in Attachment 2.



12. Offense Level “B” includes misdemeanors and Level 6 felonies offenses in which there is an allegation that:

(a) the individual possessed or carried a firearm or other deadly weapon;

(b) bodily injury occurred;

(c) there was use of force or a threat of force, including by use of motor ) vehicle;

(d) the individual resisted law enforcement;

and includes all OWI and Leaving the Scene of an Accident offenses.

13. Offense Level ”C” incudes “non-violent” Level 3, 4, and 5 felonies, Possession of a Narcotic Drug, Possession of a Syringe, and any OWI where there has been a prior OWI conviction within 10 years.” A “non-violent offense” is defined as one in which:
(a) no firearm or deadly weapon was used or involved in any way;

(b) no bodily injury occurred to any person;

(c) no force was used or threatened against any person; and

(d) is not listed in Attachment 2.
14. Offense Level “D” includes Murder, Attempted Murder, Dealing in Cocaine or a Narcotic Drug, Dealing in or Manufacturing Methamphetamine, Dealing in a Controlled Substance, all Level 1 felonies, all Level 2 felonies, Level 3, 4, or 5 violent felonies, and any charges enhanced by a Habitual Offender or by a Habitual Vehicular Substance Offender allegation. For purposes of this schedule, a Level 3, 4, or 5 felony is a “violent felony” if the offense is listed in Attachment 2.

15. Pretrial conditions of release under this pretrial release schedule shall include that the individual released:

(a) shall appear in Court at all times required by the Court;

(b) shall not leave Indiana without the prior written consent of the Court, and shall agree to waive extradition as a condition of release to the Pretrial Services Program and/or the Court granting such consent; (c) shall not commit nor be arrested for another criminal offense;

(d) for the purpose of receiving court notices and reminders of hearing dates, shall provide to the Pretrial Services Program, the Court and the person’s attorney, a valid e-mail address, if available;

(e) for the purpose of receiving court notices and reminders of hearing dates, shall provide to the Pretrial Services Program, the Court and the person’s attorney, a valid telephone number for a cellular telephone that is capable of receiving text messages, if available;

(f) shall notify the Pretrial Services Program, the person’s attorney and the Court in writing of any change of address, telephone number or e-mail address within 24 hours of any such change;

16. Pretrial conditions of release under this pretrial release schedule may include that the individual released shall:
(a) call in regularly to an electronic monitoring system;

(b) respond promptly to email, telephone calls or text messages from the Pretrial Services Program or the court;

(c) verify employment, residence and contact information;

(d) meet in person as directed with a case monitor from the Pretrial Services Program;

(e) obey all rules and regulations of the Pretrial Services Program;

(f) obey all other conditions imposed by the Court.

SO ORDERED this 1st day of February,, 2018

Original signed by the Honorables Felix , Nation, Brown, Hughes, Campbell, Najjar,and  Bardach.