Changes in Indiana’s bail system that were ordered by the Indiana Supreme Court Wednesday are discouraging to Boone County Prosecutor Todd Meyer.
The reforms, announced after nearly three years of study, encourage the use of what are called evidence-based risk assessment tools to determine whether a defendant is a substantial flight risk or poses a danger to the community.
If not, the new rule states, the arrestee should be released without bail, with certain exceptions.
The new standard is effective immediately in Allen, Bartholomew, Hamilton, Hendricks, Jefferson, Monroe, St. Joseph, Starke and Tipton counties, and on Jan. 1 in all other Indiana counties.
“The reforms are designed to provide for public safety and protect the presumption of innocence,” Indiana Chief Justice Loretta Rush said in a news release. “The prompt release of arrestees who do not pose a public safety risk is associated with reduced recidivism and lower jail expenses.”
Persons charged with murder or treason, who are on pre-trial release in an unrelated incident; or who are on probation, parole or other community supervision; are not eligible for release without bail, the Supreme Court said in its order implementing what will be known as Criminal Rule 26.
A committee of five trial judges, two legislators, four probation officers, a county prosecutor, the chairman of the Indiana State Bar Association Criminal Justice Section and representatives of the Indiana Prosecuting Attorneys Council and the Indiana Public Defender Council began in December 2013 studying changes in the bail system.
David Powell, executive director of the Indiana Prosecuting Attorneys Council, said, “We look forward to feedback from the nine pilot counties regarding implementation of the rule to continue to develop sound policy.”
Meyer thinks the policy is far from sound — or needed.
“This new rule is another good example of implementing something for the entire state that isn’t necessarily needed everywhere,” Meyer said Wednesday in an email. “If the system is broken in certain parts of the state then the plan should be to encourage/implement change in those counties and leave the rest of us alone.”
The new rule will allow offenders back into the community to commit more crime, he said.
“I am also concerned that more offenders facing serious felony charges will be given the opportunity to flee this jurisdiction under this new rule,” Meyer said.
Arrestees will provide much of the information for the risk assessments, Meyer said. “As with most risk assessment tools, the result is only as good as the information provided, and if you put garbage in, you’re going to get garbage out.”
He is also worried over the impact on fees, expenses and services that are now paid for by bond money.
Pretrial risk assessments usually contain seven to 10 questions on the alleged offense, the defendant’s criminal history, employment, drug use and mental health, according to an issue brief published by the Pretrial Justice Institute.
“Pretrial instruments can help decision makers understand the likelihood of pretrial misbehavior to improve public safety outcomes and save money,” the institute brief said.
The Indiana rule authorizes judges to set the amount of bail, and whether it is to be paid in cash or through surety bond. A partial payment is allowed if the court requires the arrestee’s agreement to forfeit the amount and pay the full amount, along with costs, fees and expenses, if the person fails to appear in court.