STATEHOUSE (March 24, 2022) – The governor recently signed into law State Rep. Peggy Mayfield's (R-Martinsville) legislation adding more accountability to charitable bail organizations in the state.
House Enrolled Act 1300 requires nonprofit organizations paying bail on behalf of defendants to be certified by the Indiana Department of Insurance just like any other bail organization. Also, they can only provide bail to indigent clients who are not charged with a crime of violence, and, if charged with a felony, do not have prior convictions for violent crimes.
"Hoosiers who don't present a safety risk to the public and haven't been convicted of a crime, yet can't afford bail to get out of jail before their court appearance, should be able to get assistance from charitable bail organizations," Mayfield said. "But we must ensure all bail providers work under the same rules and enforcement in this highly regulated industry."
Under the new law, the Department of Insurance can revoke the license of charitable bail organizations accused of fraud, and these organizations can't solicit or use tax money to post bail.
One charitable bail provider in particular, The Bail Project, recently came under increased scrutiny after assisting three defendants in getting out of jail in Marion County who went on to be accused of violent crimes, including murder.
"While we're aware of one charitable bail organization because a few of their clients made headlines, Indiana previously did not have a way to track how many of these nonprofits were operating in our state," Mayfield said. "That is a major reason why we need to include them in our regulation of the bail industry."
The new law also requires Indiana's Office of Judicial Administration to add a field to its statewide case management system that would allow a search for an entity that pays bail for an individual.
To stay up to date on legislation being considered for new laws by the governor, visit in.gov/newsroom/2022-bill-watch/.
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State Rep. Peggy Mayfield (R-Martinsville) represents House District 60,
which includes portions of Morgan and Monroe counties.
Click here for a high-resolution photo.
PHOTO CAPTION: State Rep. Peggy Mayfield (R-Martinsville) presents her legislation adding oversight to charitable bail organizations in Indiana Tuesday, March 8, 2022, at the Indiana Statehouse. Mayfield's legislation requires nonprofit bail organizations to be regulated like other bail providers, and restricts them from providing bail to indignant clients accused of violent crimes.
