Ind. Elkhart Cnty. Local Rule LR20-CR2.6-310

A Pretrial Release program is established pursuant to Criminal Rule 26. Screening shall consist of at least

one State-approved pretrial risk assessment instrument and such other risk assessment instrument(s) that

may be approved and required by the judges of the Circuit and Superior Courts of Elkhart County.

Elkhart County Pretrial Services accepts the supervision of specific Level 6 Felonies outlined within the current

target population. The target population is available in the Administrative Code of the Elkhart Count Courts or

upon request through the Division of Pretrial Services.

A person booked in for an alcohol-related offense becomes eligible for screening pursuant to the chart

established for release eligibility in Indiana Code 35-33-1-6.

310.1. Pretrial Services under Rule of Criminal Procedure 2.6

It is the responsibility of Pretrial Services to conduct face-to-face (or virtual in declared emergencies under

Administrative Rule 17 or as allowed by the court) pre-trial assessments on all defendants in the Pretrial

Release Program target population, provide written release recommendations to the court prior to the

Initial Hearings, and to monitor any defendants released into the community under pre-trial conditions.

310.2. Purpose

The purpose of the Elkhart County Pretrial Release Program is to assist the courts in making pre-trial

release decisions that are prompt and equitable for all defendants, regardless of their ability to pay a

monetary bond. The Elkhart County Pretrial Release Program will provide information to the court that

will aid in determining effective release conditions that promote community safety and provide

appropriate monitoring to support a defendant’s ability to meet court obligations.

310.3. Goals

Pretrial Services seek to accomplish the following goals:

A. Maximize public safety.

B. Maximize the defendant’s appearance in court.

C. Maximize the defendant’s release and appropriate pre-trial placement.

D. Inform release/hold decisions with risk information.

310.4. Manual

A Pretrial Release Program Policy and Procedure Manual is established. Available at the Problem-Solving

Court Office.

310.5. Pretrial Release Recommendation Guide and Matrix

Release Matix

Recommendations

NO PHYSICAL HARM PHYSICAL HARM TO OTHERS /

IRAS PAT LEVEL MURDER AND TREASON

OFFENSES DRUG OFFENSES

ROR ROR (EXCEPT BATTERY)

LOW RISK NOT ELIGIBLE FOR BOND

TELEPHONIC NOTIFICATIONS LEVEL 2 SUPERVISION

ROR / BOND ROR / BOND

MODERATE RISK NOT ELIGIBLE FOR BOND

LEVEL 2 SUPERVISION LEVEL 2 SUPERVISION

BOND BOND

HIGH RISK NOT ELIGIBLE FOR BOND

LEVEL 3 SUPERVISION LEVEL 3 SUPERVISION

Defendant refuses to participate in the Pretrial Release assessment process

ASSESSMENT RECOMMENDATION:

Defendant provides conflicting identifying information during the Pretrial Release assessment process

Eligible Defendants currently under the supervision of Elkhart County Pretrial Supervision

Eligible Defendants with other pending felony offenses in Elkhart County, but not under Pretrial Supervision

Defendants with pending felony offense(s) in another jurisdiction

“HOLD FOR REVIEW”

Defendants with active warrant(s)

Charged with the following offenses (hold until assessment completed, and judicial review):

• Domestic Battery

• Stalking

• Invasion of Privacy

• Child Victim Crimes (see target population)

• Kidnapping

• Criminal Confinement

• Arson

• Regulated Explosives

• Strangulation

• Intimidation

310.6. Definition of Pretrial Release Levels

Level 1 Supervision

• Defendants will only receive telephone and text court reminders. No face-to-face appointments.

• Monthly criminal record checks.

• Other conditions pursuant to a court order.

Level 2 Supervision

• At least one (1) face-to-face appointment with the Case Manager every month.

• One (1) phone check-in per month.

• Monthly criminal record checks.

• Other conditions pursuant to a court order.

Level 3 Supervision

• At least two (2) face-to-face appointments with a Case Manager every month.

• One (1) phone check-in per month.

• Monthly criminal record checks.

• Other conditions pursuant to a court order.

The Court may add release conditions to the Pretrial Release Order. When the Court adds additional

release conditions, the judicial officer needs to specify the frequency and duration of the

condition. Additional release conditions may include, but are not limited to:

• Day reporting

• Home/work contacts by case manager

• Electronic Monitoring/Geo-Fencing/Home Detention/No Contact Orders/Trespass Order

• Drug screens (payable by the Defendant,)/portable breath testing (PBT)

The failure to participate in pretrial release services and/or non-compliance with the Pretrial Order may

subject the participant to a revocation of bond, and increase in bond, or additional release conditions.

Overrides

Occasional override of the IRAS-PAT risk level is allowed. The prosecuting attorney and/or public

defender/defense attorney may make their own recommendations to the court regarding release/release

conditions at the Initial Hearing.

310.7. Review

The Court may, at a hearing, review the defendant’s pretrial release/detention status and/or conditions of

release.

After the initial hearing, the Prosecuting Attorney or defendant, by written motion, may request a hearing

to review the defendant’s pretrial release/detention status and/or conditions of release.