Indiana Code Title 35. Criminal Law and Procedure § 35-33-8-3.5

Sec. 3.5 . (a) This section applies only to a sexually violent predator defendant.

(b) As used in this section, “sexually violent predator defendant” means a person who:

(1) is a sexually violent predator under IC 35-38-1-7.5 ;  and

(2) is arrested for or charged with the commission of an offense that would classify the person as a sex or violent offender (as defined in IC 11-8-8-5 ).

(c) A court may not admit a:

(1) sexually violent predator defendant;

(2) person charged with child molesting ( IC 35-42-4-3 );  or

(3) person charged with child solicitation ( IC 35-42-4-6 );

to bail until the court has conducted a bail hearing in open court.  Except as provided in section 6 of this chapter, the court shall conduct a bail hearing not later than forty-eight (48) hours after the person has been arrested, unless exigent circumstances prevent holding the hearing within forty-eight (48) hours.

(d) At the conclusion of the hearing described in subsection (c) and after consideration of the bail guidelines described in section 3.8 of this chapter, the court shall consider whether the factors described in section 4 of this chapter warrant the imposition of a bail amount that exceeds court or county guidelines, if applicable.


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