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Pre-Trial Release

POSITION

Support of pre-trial release that employs alternative release methods before resorting to financial security. If financial security is necessary to ensure appearance for trial, support of the availability of a minimum 10% bail system in all courts in Indiana.

 

Adopted June 1982

The League of Women Voters of Indiana supports a program of pre-trial release that employs alternative release forms before resorting to financial security. If financial security is necessary to ensure appearance for trial, the League supports the availability of a minimum 10% cash bail system in all courts in the state of Indiana.

The League supports a pre-trial release system that may include the following:

  • An immediate screening interview conducted by judicial or trained nonjudicial personnel for all those arrested and eligible for bail under the Constitution, to determine the likelihood that the alleged offender will return for trial.

  • Release on own recognizance or on an unsecured bond unless the court believes that this will not be sufficient to ensure appearance for trial and to protect public safety, or when the offense charged is constitutionally exempt from bail.

  • Availability and use of 10% cash bail in all courts throughout the state. The cash (10% of the amount set as bail) would be paid to the court and returned to the defendant on appearance for trial, except for 10% (1% of bail) to be kept for administration of the program. Special consideration should be given to those too poor to afford the 10% fee. If found innocent the person would receive a full refund.

  • Follow-up supervision for those who are released under the program.

  • Prompt action to set bail in order for the person to return to home or job with a minimum amount of interruption.

  • No release on own recognizance or on an unsecured bond in cases where a defendant is arrested for another felony when out on bail or a pre-trial release program.

  • Prompt action to set bail in order for the person to return to home or job with a minimum amount of interruption.

  • No release on own recognizance or on an unsecured bond in cases where a defendant is arrested for another felony when out on bail or a pre-trial release program.

 

 

 

 

 

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