Ind. Elkhart Cnty. Local Rule LR20-CR2.6-311

311.1. Identity

If the identity of the arrestee is unknown (this includes, but is not limited to, those individuals who refuse

to cooperate in their identification, individuals who possess conflicting identification, and individuals

whose identifying information cannot be verified or there is good cause to believe that the arrestee is on

probation, home detention/house arrest, parole, pretrial release or bond for a pending criminal offense;

shall be held without bond until the person is brought before a judicial officer for a meaningful hearing.

311.2. Probable Cause Review

At the time of finding of probable cause, the judicial officer reviewing probable cause may:

A. Order the arrestee held without bond until the person is brought before the Court for a hearing to

consider release conditions; or

B. Set a bond in accordance with the attached monetary bond schedule; or

C. releases the arrestee according to the release/detention matrix.

311.6. Risk

The following three (3) risk categories are established:

A. Low

B. Moderate

C. High

311.7. Categories

The following five (5) offense categories are established:

A. Category 1: Murder and Treason; all Level 1 and Level 2 felonies; more serious Level 3, 4 and 5

felonies.

1. Against a person; or

2. Involving the possession and/or use of a firearm; or

3. Involving drug dealing; or

4. Involving possession with intent to deal; or

5. Residential burglary; or

6. Arson

B. Category 2: More serious Level 6 felonies and more serious misdemeanors:

1. Against a person or animal; or

2. Involving the possession and/or use of a firearm; or

3. Resisting law enforcement: with a vehicle or resulting in injury

C. Category 3: All other Level 3, 4 and 5 felonies

D. Category 4: All other Level 6 felonies

E. Category 5: All other misdemeanors

311.8. Category 1

All persons charged with a Category 1 Offense, regardless of risk level, shall be held in custody until

reviewed by a judicial officer.

311.9. Category 2

A. A person charged with a Category 2 Offense, who is determined to be either moderate or high risk

shall be held in custody until reviewed by a judicial officer.

B. A person charged with a Category 2 Offense, who is determined to be low risk may be released on

their own recognizance and shall be supervised through the pretrial release program.

311.10. Category 3

A. A person charged with a Category 3 Offense, who is determined to be high risk shall be held in

custody until reviewed by a judicial officer.

B. A person charged with a Category 3 Offense, who is determined to be moderate or low risk may be

released on their own recognizance and shall be supervised through the pretrial release program.

311.11. Category 4

A. A person charged with a Category 4 Offense, who is determined to be high risk shall be held in

custody until reviewed by a judicial officer.

B. A person charged with a Category 4 Offense, who is determined to be moderate or low risk may be

released on their own recognizance and shall be supervised through the pretrial release program.

311.12. Category 5

A person charged with a Category 5 Offense, regardless of risk level, shall be released on their own

recognizance unless otherwise directed by a judicial officer.

311.13. Notice/Promise to Appear

All persons released prior to the initial hearing shall be provided a Notice/Promise to Appear and an

initial court hearing date.

311.14. Request Deviation

If the Prosecuting Attorney of Elkhart County, after a review of all the circumstances of a case, believes

that the release/detention decision should deviate from the matrix or bond schedule, the Prosecutor may

request, in writing, such a deviation.

311.15. Violations

Any violation of any condition may result in the revocation of bond or recognizance and issuance of an

arrest warrant.

311.16. No Bail

A. If a Court has not established bail in a particular case, no bail shall be set for the following offenses

until such time as the probable cause affidavit has been reviewed by a neutral and detached Judge

or Magistrate within the County of Elkhart, State of Indiana:

1) all offenses if the offender is on probation

2) all felonies

3) all misdemeanors involving possession or delivery of a firearm as proscribed by Indiana Code. § 35-

4) all misdemeanors involving domestic battery as proscribed by Indiana Code 35-42-2-1.3

5) all misdemeanors involving invasion of privacy as proscribed by Indiana Code. 35-46-1-15.1

6). all misdemeanors involving operating while intoxicated proscribed by Indiana Code. 9-30-5 et

seq.

B. The court may not release a person on bail for at least twenty-four (24) hours from the time of the

person's arrest if the person is arrested for one (1) or more of the following offenses committed

against a family or household member:

1. A crime of domestic violence (as described in IC 35-31.5-2-78).

2. Battery (IC 35-42-2-1).

3. Domestic battery (IC 35-42-2-1.3).

4. Aggravated battery (IC 35-42-2-1.5).

5. Strangulation (IC 35-42-2-9).

6. Rape (IC 35-42-4-1).

7. Sexual battery (IC 35-42-4-8).

8. Invasion of privacy (IC 35-46-1-15.1).

9. Criminal stalking (IC 35-45-10-5).

10. Criminal recklessness (IC 35-42-2-2).

11. Criminal confinement (IC 35-42-3-3).

12. Burglary (IC 35-43-2-1).

13. Residential entry (IC 35-43-2-1.5).

311.17. Fifteen (15) Day Hold

An offender who is subject of a fifteen (15) day hold that was issued by a judge or magistrate shall be

brought before a judge or magistrate for a hearing within fifteen (15) days of the order as required by

Indiana Code 35-33-8-6. If a judge or magistrate enters no order setting bail at the hearing or any time

prior to the expiration of the fifteen (15) day hold, the court shall also indicate in the bail order that the

fifteen (15) day hold terminates.

311.18. Advisory Monetary Bail for cases not subject to Pretrial Release

A Felony $150,000.00 LEVEL 1 FELONY $150,000.00

B Felony $75,000.00 LEVEL 2 FELONY $100,000.00

C Felony $5,000.00 (SUSPENDIBLE)

$10,000.00 (NONSUSPENDIBLE) LEVEL 3 FELONY $ 75.000.00

D Felony $ 3,000.00 (SUSPENDIBLE)

$5,000.00 (NONSUSPENDIBLE)

LEVEL 4 FELONY $ 10,000.00

LEVEL 5 FELONY $ 5,000.00

LEVEL 6 FELONY $ 3,000.00

MISDEMEANORS A $1,500.00

MISDEMEANORS B $1,000.00

MISDEMEANORS C $ 500.00