JOINT ORDER OF THE WASHINGTON CIRCUIT COURT
And WASHINGTON SUPERIOR COURT
CONCERNING PRETRIAL RELEASE AS AMENDED NOVEMBER 13, 2002
WHEREAS, the Judge of Washington Circuit Court and the Judge of the
Washington Superior Court having determined that it would be beneficial
to provide a uniform bond schedule for criminal cases filed in each
Court, and to further fix by joint order the minimum periods of time
of incarceration for persons arrested for drug and alcohol related
offenses. IT IS THEREFORE ORDERED THAT the following uniform bond schedule
is hereby adopted by each Court effective on the date shown above for
arrests WITHOUT Warrants:
1. NO STANDARD BOND - Although bond may be set
at any time by Court Order, there shall be NO standard bond for
persons:
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A. Accused of committing, attempting, aiding,
inducing or assisting:
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1. Resisting Arrest
2. Fleeing
3. Escape
4. Battery
5. Invasion of privacy
6. Murder
7. Rape
8. Any offense involving use of a deadly weapon.
9. Any offense alleging serious bodily injury or death
10. Leaving the scene of an accident
11. Intimidation
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B. On PROBATION at time of arrest, or listed as
active probationers in the most current probation report.
C. Free ON ANOTHER BOND at time of arrest.
D. Living OUTSIDE OF INDIANA.
E. On PRETRIAL DIVERSION at the time of arrest.
F. Who REFUSE a Chemical Test under I.C. 9-30-6
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2. DRUG OFFENSES |
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A PERSON ARRESTED FOR AN OFFENSE INVOLVING THE
USE, POSSESSION, OR SALE OF DRUGS SHALL BE DETAINED FOR AT LEAST
24 HOURS BEFORE BOND MAY BE POSTED
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3 . PUBLIC INTOXICATION WITHOUT BREATH TEST — A
person arrested for Public Intoxication shall be detained a
minimum of FIVE (5) hours if no portable breath test is offered
by an officer. |
4. GENERAL SCHEDULE OF OTHER CASES — For
bailable offenses (not excluded in paragraph #1) bond shall
be as follows: |
FELONIES |
FULL CASH |
MISDEMEANORS FULL |
CASH |
CLASS A |
25,000 |
CLASS A |
500 |
CLASS B |
10,000 |
CLASS B |
250 |
CLASS C |
2,500 |
CLASS C |
250 |
CLASS D |
1,000 |
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5. GUIDELINES AFTER 24 HOURS — For
bailable offenses (not excluded by paragraph #1), unless the
Prosecuting Attorney files a written objection, stating reasons
to deny surety
or property bond, within 24 hours following arrest, the following
bond schedule shall apply: |
FELONIES |
FULL CASH |
SURETY |
PROPERTY |
MISDEMEANORS |
FULL CASH |
SURETY |
PROPERTY |
CLASS A |
25,000 |
150,000 |
250,000 |
CLASS A |
500 |
2,500 |
5,000 |
CLASS B |
10,000 |
50,000 |
100,000 |
CLASS B |
250 |
1,500 |
5,000 |
CLASS C |
2,500 |
15,000 |
25,000 |
CLASS C |
250 |
1,500 |
5,000 |
CLASS D |
1,000 |
5,000 |
10,000 |
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NO TEN PERCENT (10%) CASH DEPOSIT IS AUTHORIZED
ON ANY BOND. |
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6. FORFEITURE OF BOND — When permitted
by law, bonds may be forfeited for failure of the Defendant
to appear. |
7. CASH BONDS KEPT FOR COSTS — When
permitted by law, all or part of a full cash bond may be retained
to cover: |
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1. Court appointed attorney fees
2. Restitution
3. Court costs
4. Fines
5. Community Service Court
6. Alcohol & Drug Users Program Fee
7. Alcohol & Drug Countermeasures fee
8. Probation Users fee
9. Weed Eradication fee
10. D.A.P.I.C. fee
11. Prosecutor's Drug Investigation fee
12. Any other cost or fee ordered by the
13. Destruction of public property.
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8. CONDITIONS OF RELEASE |
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A. Defendant shall
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1. Appear for all hearings as Ordered,
2. Complete and sign a Terms and Conditions for Release on Bond form.
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B. Defendant shall NOT
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1. Commit any crime,
2. Attempt to commit any crime.
3. Violate any order of the Washington Circuit or Superior Court
4. Violate any term or condition listed in the Term and Conditions for
Release on Bond form.
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9. REVOCATION OF BOND — Bond may
be revoked and the Defendant arrested upon a showing of probable
cause to believe that any condition of release has been violated. |
10. DISTRIBUTION OF THIS ORDER — The
sheriff shall make one copy of this order available to any
Defendant or citizen upon request, and without charge. |
11. ALCOHOL RELATED OFFENSES — A
person arrested for an alcohol related offense (including P.I.,
if a
portable breath test is offered) shall be detained
before bond is posted in accordance with this schedule. REFUSAL TO SUBMIT TO TEST
NO BOND UNTIL SET BY THE COURT
PERCENTAGE BLOOD HOURS AFTER INITIAL PERCENTAGE BLOOD HOURS
AFTER INITIAL
ALCOHOL LEVEL READING IS TAKEN ALCOHOL LEVEL READINGIS TAKEN
Percentage
Blood Alcohol Level
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Hours after
initial reading is taken
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Percentage
Blood Alcohol Level
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Hours after
initial reading is taken
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.08
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5
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.21
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16
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.09
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5
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.22
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17
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.10
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5
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.23
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18
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.11
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6
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.24
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19
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.12
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7
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.25
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20
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.13
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8
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.26
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21
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.14
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9
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.27
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22
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.15
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10
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.28
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23
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.16
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11
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.29
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24
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.17
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12
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.30 or above
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24
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.18
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13
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.19
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14
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.20
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15
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12. DISCRETION OF JUDGES — This order shall NOT limit the
discretion of either Court Judge to deny bond or to set different
amounts and/or conditions for release
on a case by case basis.
13. MEDICAL EMERGENCY — When the Sheriff or his designated Jail
Commander determines that:
a. a medical emergency exists which requires a prisoner to be treated
outside the jail;
and
b. the prisoner does not present an immediate risk to public safety; and
c. the Sheriff lacks staffing manpower to provide a full time guard during
medical
treatment, then the Sheriff or designated Jail Commander may authorize the
release of
the prisoner on a medical furlough or upon the prisoner's own recognizance,
and notify
the Court promptly thereafter of the action.
14. PROOF OF IDENTITY — No prisoner shall be released until
he or she has been fingerprinted, photographed and has provided proof
of identity.
Dated: 11/13/02 Robert L. Bennett, Judge
Washington Circuit Court
Dated:11/02/02 Frank Newkirk, Jr., Judge
Washington Superior Court
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