Only a month after adopting a Pretrial Release requirement known as Criminal Rule 26, Indiana Prosecutors are asking the court 
to reconsider. The Indiana Supreme Court adopted Criminal Rule 26, which requires judges to consider releasing criminals without bail. The chairman of the Indiana Prosecuting Attorneys Council issued a statement on October 24 asking that the rule be withdrawn. The Council voted unanimously to not implement the rule without further research on whether there is a problem with the current bail system. The Indiana Supreme Court is asking for feedback from all parties regarding the rule and its implementation.
Criminal Rule 26 encourages state courts to release arrestees without money bail or surety if they do not present a substantial flight risk or danger to themselves or others. The rule asks courts to perform an “evidence-based risk assessment” to determine whether arrestees meet the criteria for release. Prosecutors worry that the rule could create a financial hardship on an already overburdened system and will do little to ease jail overcrowding. The rule requires judges to make the “evidence-based risk assessment” very quickly without a thorough investigation, which could result in the release of criminals that present a danger to society. Currently, arrestees are entitled to a bond hearing where both parties can be heard on why bail should be altered. Victims and other affected parties are also allowed to testify at this hearing; under Rule 26 there would be insufficient time to allow these thorough investigations to happen.