Indiana § 35-33-8-4.5 - Foreign national unlawfully present; bail; insurer released from liability
Full text of Indiana Indiana Code § 35-33-8-4.5 — Foreign national unlawfully present; bail; insurer released from liability, with citation guidance and answers to common questions.
§ 35-33-8-4.5. Foreign national unlawfully present; bail; insurer released from liability
Sec. 4.5. (a) If bail is set for a defendant who is a foreign national who is unlawfully present in the United States under federal immigration law, after considering the results of the Indiana pretrial risk assessment system (if available) and other relevant factors, and the bail guidelines described in section 3.8 of this chapter, the court shall consider requiring as bail a:
(1) cash bond in an amount equal to the bail;
(2) real estate bond in which the net equity in the real estate is at least two (2) times the amount of the bail; or
(3) surety bond in the full amount of the bail that is written by a licensed and appointed agent of an insurer (as defined in IC 27-10-1-7).
(b) If the defendant for whom bail has been posted under this section does not appear before the court as ordered because the defendant has been:
(1) taken into custody or deported by a federal agency; or
(2) arrested and incarcerated for another offense;
the bond posted under this section may not be declared forfeited by the court and the insurer (as defined in IC 27-10-1-7) that issued the bond is released from any liability regarding the defendant's failure to appear.
As added by P.L.171-2011, SEC.22. Amended by P.L.187-2017, SEC.10.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 35-33-8-4.5
What does Indiana Code § 35-33-8-4.5 cover?
Section 35-33-8-4.5 ("Foreign national unlawfully present; bail; insurer released from liability") 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 § 35-33-8-4.5?
A common citation format is "Indiana Code § 35-33-8-4.5" (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 § 35-33-8-4.5 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.