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IMPD Assistant Chief Chris Bailey talks about homicides in Indy

IMPD Assistant Chief Chris Bailey talks about the complicated issues of homicide in Indianapolis, 'We didn't get here overnight. We're certainly not going to turn it around overnight.'

Kelly Wilkinson, Indianapolis Star

A package of five bills proposed by state Senate Republicans in response to rising violence in Indianapolis received pushback during a committee hearing Tuesday, with some questioning both the reach andconstitutionality of portions of the measures.

Nearly two dozen people spoke for and against the series of bills, whichwould reshape how bail is administered for those accused of violent crimes, increase oversight of pretrial monitoring andzero-in on high-crime areas in Indianapolis. Authors of the bills claimthe measures are aimed at "reducing crime in Marion County and the state as a whole."

More: Indiana Senate Republicans announce bills restricting bail and who can pay bonds

Several state senators, judges and a number of attorneys questionedthe restrictions the bills would place on bail during a passionate discussion that became tense at times.

Among the proposals in question Tuesday was Senate Bill 6, whichwould effectively eliminate the use of surety bonds for people accused of violent crimes. The bill, proposed by Sen. Michael Young, R-Indianapolis, would require someone charged with a crimeto pay in full the minimum cash bail amount for "an offender's most serious offense."

Sen. Sue Glick, R-La Grange, during the hearing noted the legislation seems to be "zeroing in on the poor." Glick said the bill would mean only people with money would be able to afford bond, asking Young: "Only rich people with cash are going to get it, correct?

"No," Young answered,"because theres no rich people in Marion County thats committing these crimes.

The legislation, Young said, was driven in part by recent instances in which people serving a post-conviction sentence or out on pretrial release were later accused of committinga homicide.

There are 1,475 people on pretrial electronic monitoring in Marion County, according to court officials who spoke at the hearing. Of those, 85% have not committed a new offense while on pretrial release, and 92% appear for their court dates.

Data from Marion County Community Corrections, which oversees post-conviction monitoring, indicates that of the 238 homicide suspects identified between March 2018 and February 2020 by Indianapolis police, 12 about 5% were on post-conviction monitoring.

Some questioned the constitutionality of requiring those accused of violent crimes to pay only cash bond. Other states, like Ohio, have previously found similar measures unconstitutional, the director ofthe American Bail Coalition, a trade association that underwrites bail bonds, noted. And an Indiana judge said the provision raises "a constitutional concern" over the right to bail.

Glick also took issue with a portion of the bill that holds only close family members can post bail for someone accused of violent crimes. The measure alsowould prevent the courtfrom lowering bail past the amount laid out in a county's bail schedule. It seemed, Glick said, that legislators were taking their opinions and want to "substitute it for that of the judges and the prosecutors."

Others largely echoed those concerns, saying the bail regulations "create two classes of people." Representatives from the Indiana Public Defender Council and the VeraInstitute of Justice, which advocates for alternatives to jailing, noted spending time in jail also could make someone more likely to reoffend.

Judge Mark Spitzer, a circuit court judge in Grant County, said the Indiana Judges Associationis concerned the bill takes away judicial discretion. Judges "keep in mind the constitutional presumption of innocence" for those charged with crimes, Spitzer said, and consider the facts of different situations when deciding on bond. Mandating judges set a minimum bail, he suggested, limits them.

Senate Bill 8, authored by State Sen. Aaron Freeman, R-Indianapolis, aims to restrict how charitable bail funds help low-income people who are in custody and awaiting trial.

More: Indiana Senate Republicans announce bills restricting bail and who can pay bonds

Notably, Freeman's bill prevents the nonprofit organizations from bailing out people accused of felonies limiting them to depositing bonds of up to $2,000 "for an indigent person charged with a misdemeanor."

Glick and Taylor, the Democratic senator, pushed back on the effort, with Glick asking why the bill targets charitable bail funds and does not include bail bondsmen, who also post bonds for people accused of violent crimes, and Taylor noting judges set the bonds that these organizations pay.

"I think all these bills are well intentioned," Glick said. "I just question some of the... you know, in the attempt to kill a gnat, I think we're using a cannon."

Freeman said the bill does nottarget "any one organization" but said he started working on the billwhen he learnedthat "public tax dollars were being given to charitable organizations for the purposes of bail."

The Bail Project, which began work in Marion County in 2018, received $150,000 in city grants between 2019 and 2021, according to the mayor's office. Those funds, however, "were not directed towards paying direct cash bail for individuals," the office told IndyStar, and rather used for daily operations and wraparound services, like transporting clients to hearings and referring people to other services.

Marion Superior Court last month suspended support for that fundand requested The Bail Project provide them with up-to-date data.Marion Superior Judge Amy Jones on Tuesday told the Senate committee the project had shared general data through 2021.

The project will meet with the court in March to discuss its future in Marion County, at which time they will share more data about how many of their clients had pretrial release violations and data on referrals to wraparound services.

David Gaspar, the national director of operations for The Bail Project, noted he lived in Indianapolis and is "anchored" in the community. Senate Bill 8, he said, would "severely limit" the project's ability to help low-income Hoosiers.

"Like loved ones and churches, charitable bail funds rally to support your constituents when they're at risk of losing everything," Gaspar said.

Data from The Bail Project provided to the court and obtained by IndyStar indicatethe project has posted bail for 980 Hoosiers. Of those, 94.7% of people appeared for their court dates, and 84% served no additional jail time. One in five people supported by The Bail Fund had their cases dismissed or were found not guilty at trial.

Nearly 70% of The Bail Projects clients were accused of misdemeanors and low-level felonies, the data show.The group only intervenes, Gaspar said, once they have assessed a person's needs "and determined we can meet them," providing court reminders and, sometimes, transportation.

Still, the bills saw support from a number oflaw enforcement officials, who emphasized Indianapolis' staggering crime statistics, which included a record 271 homicides in 2021.

Senators will consider amendments to the bills next week.

Contact Lawrence Andrea at 317-775-4313 orlandrea@indystar.com. Follow him on Twitter @lawrencegandrea.

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Republican worries crime bills package targeting Indianapolis is zeroing in on the poor - IndyStar