Ind. Criminal Rule 2.6

Effective January 1, 2024

(A) If an arrestee does not present a substantial risk of flight or danger to self or others, the

court should release the arrestee without money bail or surety subject to such restrictions

and conditions as determined by the court except when:

(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.

(B) In determining whether an arrestee presents a substantial risk of flight or danger to self or

other persons or to the public, the court should utilize the results of an evidence-based risk

assessment approved by the Office of Judicial Administration, and such other information as

the court finds relevant. The court is not required to administer an assessment prior to releas-

ing an arrestee if administering the assessment will delay the arrestee’s release.

(C) If the court determines that an arrestee is to be held subject to money bail, the court is

authorized to determine the amount of such bail and whether such bail may be satisfied by

surety bond and/or cash deposit. The court may set and accept a partial cash payment of the

bail upon such conditions as the court may establish including the arrestee’s agreement that

all court costs, fees, and expenses associated with the proceeding be paid from said partial

payment. If the court authorizes the acceptance of a cash partial payment to satisfy bail, the

court must first secure the arrestee’s agreement that, in the event of failure to appear as

scheduled, the arrestee forfeits the deposit and must also pay such additional amounts as to

satisfy the full amount of bail plus associated court costs, fees, and expenses.

(D) Statements by Arrestee

(1) Prohibited Uses. Evidence of an arrestee’s statements and evidence derived from those

statements made for use in preparing an authorized evidence-based risk assessment tool

are not admissible against the arrestee in any civil or criminal proceeding.

(2) Exceptions. The court may admit such statements:

(a) in a pretrial proceeding involving the arrestee; or

(b) in any proceeding in which another statement made in preparing an authorized

evidence-based risk assessment tool has been introduced, if in fairness the statements

ought to be considered together.

(3) Statements. No statements made for these purposes may be used in any other court

except in a pretrial proceeding.