2021 Indiana Code
Title 35. Criminal Law and Procedure
Article 33. Preliminary Proceedings
Chapter 8. Bail and Bail Procedure
35-33-8-0.5. Pretrial Risk Assessment; Rules; System
Sec. 0.5. (a) The following definitions apply throughout this chapter:
(1) "Evidence based risk assessment" means an assessment:
(A) that identifies factors relevant to determine whether an arrestee is likely to:
(i) commit a new criminal offense; or
(ii) fail to appear;
if released on bail or pretrial supervision; and
(B) that is based on empirical data derived through validated criminal justice scientific research.
(2) "Indiana pretrial risk assessment system" means the statewide evidence based risk assessment system described in subsection (b).
(b) Before January 1, 2020, the supreme court should adopt rules to establish a statewide evidence based risk assessment system to assist courts in selecting the appropriate level of bail or other pretrial supervision for arrestees eligible for pretrial release. The system must consist of:
(1) an evidence based risk assessment tool; and
(2) other rules as adopted by the supreme court.
(c) The Indiana pretrial risk assessment system shall be designed to assist the courts in assessing an arrestee's likelihood of:
(1) committing a new criminal offense; or
(2) failing to appear.
As added by P.L.187-2017, SEC.4.
