The Johnson County Courthouse is seen in Franklin.
Leeann Doerflein | Daily Journal
Court officials are considering updating Johnson County’s court rules, including raising and lowering minimum cash bail amounts and removing surety bonds.
The judges of Johnson County’s Circuit Court and Superior Courts gave notice of a proposal to amend the county’s local rules — standards that govern practical or procedural affairs of local courts — on Oct. 17, giving the public and licensed attorneys until Nov. 16 to comment on the changes. The Daily Journal first learned of the proposal earlier this month but was unable to have questions answered until the last day of the comment period.
The purposes of a bond are to ensure a defendant appears at subsequent court dates and to deter future criminal activity, said Shena Johnson, court administrator. Johnson answered a list of questions from the Daily Journal about the proposal on behalf of the county’s judges.
“The safety of the public is of the utmost concern,” Johnson said via email Wednesday.
Johnson County criminal court judges have been having discussions about the local rule changes for nearly two years. The procedure for the rule changes is dictated by the Indiana Supreme Court which has guided county officials throughout the process, Johnson said.
“Changes to the local rules require, among other things, review by the Indiana Office of Court Services and an opportunity for the public to comment on the proposed changes,” she said.
The changes range from updating the bail bond schedule to formally preserving the conditions of the county’s pretrial release program. Johnson County’s program predates a state Supreme Court mandate from 2020 that required all counties to enact a program, Johnson said.
“(The updated rules) serve to memorialize the conditions of that program, which includes an important assessment of the arrestee’s flight risk and risk to the community,” Johnson said.
Other changes include providing more clarity on other court procedures and changing wording.
Bond schedule sees substantial change
Under the proposed amendment, the standard minimum bail bond in some felony criminal cases would be lowered beginning on or after Jan. 1, 2023, documents show.
Currently, all crimes — with the exception of murder — have both cash and surety bond options. For example, the minimum bond for a Level 1 felony is $40,000 cash or surety.
Surety bonds are used as a guarantee to make sure a defendant appears, and typically cost 10% of the bond amount. A $40,000 surety bond costs $4,000.
Under the changes, those detained on charges ranging from Level 1 to Level 3 felonies would see the minimum cash bond amounts drop to near the 10% surety levels.
For example, detainees who are arrested on Level 1 felony charges would see the minimum cash bond amount drop to $4,000 cash — approximately the same amount as 10% surety. Those who are arrested on Level 2 felonies would see cash bonds lowered to $3,000 from $30,000, documents show.
On the flip side, those facing criminal charges ranging from Level 4 to Level 6 felonies would see cash bond amounts rise. For example, the current minimum cash bond for a Level 4 felony is $600 with a surety of $6,000. Under the changes, this would rise to $1,500 cash.
Level 6 felony charges would see the minimum cash bond amount rise to $800, a $600 increase from the current $200 minimum. Surety is currently $1,000 for Level 6 felonies.
Detainees who are arrested on charges of murder would continue to be held without bond. Those who are arrested on misdemeanor charges would continue to have a minimum cash bond of $250 as well, documents say.
Surety bonds would be removed as an option for all charges except for murder. Currently surety bonds range between $1,000 to $6,000 for everything from misdemeanors to Level 4 felonies. For Level 1 to Level 3 felonies, surety is dependent on the case, though it is typically around 10%.
Bail bondsman has concerns about proposal
One local bail bondsman is concerned about the bail bond changes and the potential effect could have on the court system.
Bail bondsmen’s job is to make sure those out on bond, specifically surety bonds, are able to make court appearances. If they do not, bondsmen have to pay the full amount to the court, said Angie Mardis, owner of Angie Mardis Bail Bonds in Franklin.
“Our argument is that if they’re only using cash bonds, which is what they’re proposing, then there is no one to make them appear in court, like us,” she said. “They’ll still have warrants and things, and they’ll still possibly be served by the police department, but there is no surety to it to ensure they go to court.”
Most counties that Mardis, who has been a bail bondsman for 26 years, knows of have a split bond system — where it’s both cash and surety — like Johnson County has now. There have been some counties, like Shelby and Bartholomew, that have switched to mostly cash bond systems, she said.
Another concern of Mardis’ is the effect the changes would have on failure-to-appear rates. Failure to appear is a court term for when a defendant fails to appear for a scheduled court hearing or event.
She already sees people who are not concerned with going to court if they’ve paid a cash bond because they feel they’ve done all they had to do.
“They’re not signing an indemnity form like we have that ensures they go to court,” Mardis said. “There’s no one responsible, like a mom or sister, that signed for them to be released from jail that has to make sure they go to court. … I feel like they just don’t have the concern to do the right thing if they’re not held accountable.”
Court officials say safeguards are in place
Right now, those being held on the suspicion of committing a crime see a county judge for the first time within 24 to 48 hours. If prosecutors decide to file charges, they will see a judge again for an initial hearing, Johnson said.
As part of the judicial process, judges carefully consider the bond amount at each of these stages. They also consider other alternatives while weighing public safety interests such as day reporting, home detention, meetings with officers, drug screens and/or no contact orders, she said.
While it is possible that short-term holds of defendants could temporarily increase jail numbers following the rule changes, court and jail staff have implemented safeguards to prevent someone from being held longer than necessary. Judges are “constantly reviewing” the daily jail list to make sure that they are getting defendants in for initial hearings to further evaluate the bond or conditions for them, Johnson said.
“This ensures that no one slips through the cracks,” she said.
Even with the proposed changes, judges will continue to have the right to raise or lower a bond at their discretion.
“The judges’ discretion to raise or lower a bond or implement alternatives on a case-by-case basis after a meaningful review will not change with the implementation of the proposed local rules,” Johnson said.
As for Mardis’ concerns about failure to appear rates, and specifically, local police serving warrants for those wanted for failure to appear, Johnson said the courts have relied for years on local law enforcement to apprehend those who fail to appear in court. The local rule changes are not expected to change this practice.
With the public comment period now concluded, judges will meet to review all the comments received and revise the proposed rule changes as deemed necessary. After they are implemented, officials will continue to assess the rules to improve procedures, Johnson said.
“The judges are hopeful that the implementation of the new rules will promote efficiency in the court system and reduce overall costs to the taxpayers,” Johnson said.
The bond amounts are still being reviewed and are subject to revision based on feedback judges received through the public comment period. All input received will be considered when establishing appropriate amounts, Johnson said.
Correction: Nov. 18, 2022 at 5:08 p.m.
A previous version of this story incorrectly explained the effect the proposed local rule changes would have on surety bonds. Surety bonds are typically 10% of the bond amount, so the changes would bring cash bonds to the near the current typical 10% surety bond levels. This story has since been updated.
PROPOSED BAIL BOND SCHEDULE CHANGES
Here’s a look at the proposed changes to the standard minimum bail bond in criminal cases that would begin on or after Jan. 1, 2023.
The list is organized by Charge — Bond Amount.
- Murder — None
- Level 1 Felony — $4,000 cash
- Level 2 Felony — $3,000 cash
- Level 3 Felony — $2,000 cash
- Level 4 Felony — $1,500 cash
- Level 5 Felony — $1,000 cash
- Level 6 Felony — $800 cash
- Misdemeanor — $250 cash
Source: Local Rule Change Notice
