Both the U.S. Constitution and the Indiana Constitution keep us safe from unreasonable bail.  We are innocent until proven guilty. Bail is to insure the defendant returns to court to face their accuser. While bail for defendants accused of a crime is very important, equally important is the guarantee of their appearance. Bail also enables an innocent person to be not be punished by unnecessary imprisonment. Article 1, section 17 of The Indiana Constitution specifically states that bail by sufficient sureties should be given for all offense except treason and murder. Currently, many defendants are held on full cash bail or cash deposit bail that is unattainable to them. The Indiana Court of Appeals have remanded two full cash bail cases back to the lower court with an order to allow the posting of a bail bond equal to the full cash bail. The first was SNEED vs. INDIANA ( http://www.in.gov/idoi/files/Melissa_Kay_Sneed_vs_State_of_Indiana.pdf )  and the second is WINN vs. INDIANA ( http://www.in.gov/judiciary/opinions/pdf/09041204cds.pdf )  I believe this further reaffirms a defendants right to post a bail bond.  

   The Indiana House of Representatives Courts and Criminal Codes Committee are in session. They have an important bill in front of them that can help finance education, reduce spending, and keep the public safe while maintaining and creating jobs. All that in one bill. SB395 corrects the bail statute language as interpreted by recent Indiana Court of Appeals rulings. SB395 also directs forfeited cash bail money to the Indiana Common School Fund. Educating the next generation helps keep them out of the criminal justice system. This makes SB395 a pro-education bill.  SB395 increases the minimum cash deposit percentage the court must take when accepting a cash deposit bond in lieu of a full cash bail. SB395 allows for bail to be posted in in a number of ways so long as it meets the bail requirement set forth by the court and the Constitution. By allowing a bail bond to be posted by a surety bail agent, the financial guarantee to the court is met, those who are guilty, nonviolent and low risk to re-offend defendants can be monitored without cost to tax payers, and innocent people can be free to maintain their family obligations at no cost to tax payers. If the defendant fails to appear, or commits more crimes while out on bond, the bail bond company has a very big incentive to get the defendant back into custody as fast as possible, once again at little or no cost to taxpayers. SB395 is a pro-safety and pro-private industry bill that not only saves tax money but supports private businesses that pay taxes. As you can see, be supporting SB395 you are showing your support for Indiana in a number of ways. Vote YES on SB395.