There have been legal challenges from the Bail Project to an important law passed in 2022, which regulates the charitable bail industry and prevents charitable bail groups from bailing out anyone charged with a violent crime in Indiana, as well as anyone with a past conviction for a violent crime who is charged with any new felony.
The Indiana General Assembly has the legal authority to regulate those who pay bail for criminal defendants.
Hoosiers have a legitimate interest in regulating their bail system. Violent or potentially violent offenders should not be on the streets whatsoever, especially when they are being bailed out by biased, political organizations.
There is an increase of crime in our country, and this only adds to this statistic. What they call “charitable bail” is not charitable at all – it erodes the rule of law and destroys the natural incentive built into our bail system. Without this incentive, there is no reason for these defendants to return when their court date occurs.
During the 2020 Black Lives Matter riots, many looters, arsonists, and aggressors were released on bail due to the contributions of organizations claiming to be advocates for racial justice. In actuality, they were advocating for people who took the opportunity of national unrest to steal from small businesses, destroy public property, and injure innocent people.
I am proud of our team for defending this smart piece of legislation, and we will continue to do so.
Todd Rokita serves as the Attorney General for the State of Indiana.