Appendix B

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.

Pretrial Release Matrix  Attachment 1 to Appendix B to LR29-CR00-305

  1.  

    Offense Levels

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

       Level A
    Level B
    Level C
    Level D
    Category 1
    (0-2)
     ROR w/
    Reminder
    ROR w/
    Reminder
     ROR w/Basic
    Supervision
    Detain until
    appear before a
    judicial officer 
    Category 2
    (3-5)
    ROR w/
    Reminder 
    ROR w/ Basic
    Supervision
     ROR w/Moderate
    Supervision
    Detain until
    appear before a
    judicial officer 
    Category 3
    (6-7)
     ROR w/
    Reminder
    ROR w/Basic
    Supervision 
    ROR w/Enhanced
    Supervision 
     Detain until
    appear before a
    judicial officer
    Category 4
    (8)
     Detain until
    appear before a
    judicial officer
    Detain until
    appear before a
    judicial officer 
    Detain until
    appear before a
    judicial officer 
     Detain until
    appear before a
    judicial officer

    Offense Level “B”
    includes misdemeanors, Operating a Vehicle While Intoxicated (“OWI”), Leaving the Scene of an Accident, and Level 6 felonies offenses in which there is an allegation that: (a) the person 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; or (d) the person resisted law enforcement.

    Offense Level “C”
    includes “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 of Appendix B to LR29-CR00-305.

    Offense Level “D”
    includes Murder, Attempted Murder, Dealing in Cocaine or a Narcotic Drug, Dealing in Methamphetamine, Manufacturing Methamphetamine, Dealing in a Controlled Substance, all Level 1 felonies, all Level 2 felonies, violent Level 3, 4, or 5 felonies, and any charge 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 of Appendix B to LR29-CR00-305.

  2. Violent Felony List


    Attachment 2 to Appendix B
    to LR29-CR00-305


    This document identifies the violent offenses in the Indiana Code for the purposes of making pretrial release decisions using the Pretrial Release Matrix.

     Indiana Code Number  Offense
     Other Citation
     Other Citation
     35-42-1-1
     Murder
     *35-50-1-2
     **35-38-2.5-4.7
     35-42-1-3
     Voluntary Manslaughter
     35-50-1-2
     35-38-2.5-4.7
     35-43-1-4
     Involuntary Manslaughter
     35-50-1-2
     35-38-2.5-4.7
     35-42-1-5
     Reckless Homicide
     35-50-1-2
     35-38-2.5-4.7
     35-42-2-1.5
     Aggravated Battery
     35-50-1-2
     35-38-2.5-4.7
     35-42-3-2
     Kidnapping
     35-50-1-2
     35-38-2.5-4.7
     35-42-4-1
     Rape
     35-50-1-2
     35-38-2.5-4.7
     35-42-4-2(before repeal)
     Criminal Deviate Conduct
     35-50-1-2
     35-38-2.5-4.7
     35-42-4-3
     Child Molesting
     35-50-1-2
     35-38-2.5-4.7
     35-42-4-9(a)(2) and (b)(2)
     Sexual Misconduct w/Minor
     35-50-1-2
     35-38-2.5-4.7
     35-42-5-1
     Robbery
     35-50-1-2
     35-38-2.5-4.7
     35-43-2-1
     Burglary Level 1,2,3,4
     35-50-1-2
     35-38-2.5-4.7
     9-30-5-5
     OWI Death
     35-50-1-2
     35-38-2.5-4.7
     9-30-5-4
     OWI Serious Bodily Injury
     35-50-1-2
     35-38-2.5-4.7
     35-42-4-4(b) and (c
     Child Exploitation L4 & L5
     35-50-1-2
     35-38-2.5-4.7
     35-44.1-3-1
     Felony Resisting L.E.
     35-50-1-2
     35-38-2.5-4.7
     35-47-4-5
     Possession Firearm SVF
     35-50-1-2
     35-38-2.5-4.7
     35-42-2-1
     Battery
     35-38-2.5-4.7
     
     35-42-2-1.3
     Domestic Battery
     35-38-2.5-4.7
     
     35-43-1-1
     Arson
     35-38-2.5-4.7
     
     34-44.1-3-4
     Escape/Failure to Return
     35-38-2.5-4.7
     
     35-45-10-5
     Stalking
     35-38-2.5-4.7
     
     35-46-1-3
     Incest
     35-38-2.5-4.7
     
     35-47.5-5-2 through 8
     Explosive Devices
     35-38-2.5-4.7
     
     35-41-5-1
     Attempts of Above Offenses
     35-38-2.5-4.7
     
     35-41-5-2
     Conspiracy/ Above Offenses
       
     35-44.1-2-5(a)(2)
     Assisting a criminal, level 5
     ***35-47-4-5
     
     35-46-1-15.1
     Invasion of Privacy
       
     35-50-2-13/35-48-4-1 to 4
     Use of Firearm to deal drugs
     35-47-4-5
     
     35-45-2-1(b)(1) and (b)(2)
     Intimidation - felony