JEFFERSONVILLE, Ind. — A new Indiana rule is changing some pre-trial release protocols in the state. It's something that's meant to fight back on jail overcrowding.
It's called Criminal Rule 26. It just took effect statewide on January first.
It requires inmates to be released without having to pay bail as long as they aren't a flight risk or a danger to themselves or others in the community.
"What this rule mandates, is that there is a presumption that a person arrested for a crime be released on their own recognizance," said Clark County Prosecutor Jeremy Mull.
Courts across Indiana will now use risk assessments to find the benefit or the risk of releasing inmates before their trial.
"What the rules say if you're not violent, and not a risk to anybody, and not a flight risk, then you shouldn't be in jail," said Mull.
Clark County has already been using risk assessments over the last few years.
"I have found these risk assessments to not be good indicators of whether someone is dangerous or not," said Mull. I've had individuals arrested for very high-level offenses who tested low risk for release."
He says he's found risk assessments to focus more on the likelihood of a person to reappear in future court hearings, which he says isn't his main concern.
"People absconding from bail happens with some regularity, but it's not nearly a worry to me as people re-offending who are out on lower bail. That's what I see over and over again," he said. "My main concern as a prosecutor is that someone who needs to be incarcerated? Or is that someone who is safe to walk right back out on the street again."
He says he looks at the criminal history and the type of offense to determine that. Those are things that judges will still be able to take into consideration along with the risk assessments.
"I think it's good public policy that we don't incarcerate people who aren't dangerous and aren't a risk of flight," said Mull. "This rule recognizes that and says that shouldn't be happening."
The final decision as to whether or not someone will be released all comes down to the judge. To learn more about Criminal Rule 26, click here.
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