Indiana § 35-33-8-3.8 - Bail following pretrial risk assessment
Full text of Indiana Indiana Code § 35-33-8-3.8 — Bail following pretrial risk assessment, with citation guidance and answers to common questions.
§ 35-33-8-3.8. Bail following pretrial risk assessment
Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027.
Sec. 3.8. (a) A court shall consider the results of the Indiana pretrial risk assessment system (if available) before setting or modifying bail for an arrestee.
(b) If the court finds, based on the results of the Indiana pretrial risk assessment system (if available) and other relevant factors, that an arrestee does not present a substantial risk of flight or danger to the arrestee or others, the court shall consider releasing the arrestee without money bail or surety, subject to restrictions and conditions as determined by the court, unless one (1) or more of the following apply:
(1) The arrestee is charged with murder or treason.
(2) The arrestee is on pretrial release not related to the incident that is the basis for the present arrest.
(3) The arrestee is on probation, parole, or other community supervision.
The court is not required to administer an assessment before releasing an arrestee if administering the assessment will delay the arrestee's release.
As added by P.L.187-2017, SEC.7.
IC 35-33-8-3.8Bail following pretrial risk assessment Note: This version of section effective 1-1-2027. See also preceding version of this section, effective until 1-1-2027.
Sec. 3.8. (a) A court shall consider the results of the Indiana pretrial risk assessment system (if available) before setting or modifying bail for an arrestee.
(b) If the court finds, based on the results of the Indiana pretrial risk assessment system (if available) and other relevant factors, that an arrestee does not present a substantial risk of flight or danger to the arrestee or others, the court shall consider releasing the arrestee without money bail or surety, subject to restrictions and conditions as determined by the court, unless one (1) or more of the following apply:
(1) The arrestee is charged with murder or treason.
(2) The arrestee is on pretrial release not related to the incident that is the basis for the present arrest.
(3) The arrestee is on probation, parole, or other community supervision.
(4) The arrestee is a violent arrestee as defined in section 3.4 of this chapter.
(5) The arrestee is a sexually violent predator defendant as defined in section 3.5 of this chapter.
(6) The arrestee has been denied bail pursuant to section 3.7 of this chapter.
(7) The arrestee is a foreign national who is unlawfully present in the United States as described in section 4.5 of this chapter.
The court is not required to administer an assessment before releasing an arrestee if administering the assessment will delay the arrestee's release.
As added by P.L.187-2017, SEC.7. Amended by P.L.64-2026, SEC.7.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 35-33-8-3.8
What does Indiana Code § 35-33-8-3.8 cover?
Section 35-33-8-3.8 ("Bail following pretrial risk assessment") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 35-33-8-3.8?
A common citation format is "Indiana Code § 35-33-8-3.8" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 35-33-8-3.8 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.