Pursuant to Ind. Code § 27-10-3-1, a person may not act in the capacity of a bail agent or recovery agent or perform any of the functions, duties, or powers prescribed for bail agents or recovery agents under this article unless the person is qualified and licensed as provided in this article.
Pursuant to Ind. Code § 27-10-2-4.1, the commissioner shall regulate a charitable bail organization. Ind. Code § 27-10-2-4.5(g)(1) requires a charitable bail organization that pays, or intends to pay, bail for more than three (3) individuals in any one hundred eighty (180) day period to be certified by the commissioner before soliciting or accepting donations for bail for another person, and before depositing money for bail for another person.
Qualifications
The commissioner may certify a charitable bail organization if the charitable bail organization:
Is a business entity, or a nonprofit organization under: a. The Internal Revenue Code; or b. Indiana law;
Is currently registered to do business in Indiana;
Is located in Indiana; and
Exists for the purpose of depositing cash bail for an indigent defendant who: a. Is not charged with a crime of violence; or b. If charged with a felony, does not have a prior conviction for a crime of violence
The commissioner shall certify a person as a charitable bail organization if the:
Person pays an application fee of three hundred dollars ($300);
Person meets the requirements of this section; and
Person, including an officer or director of the person, has not engaged in conduct that: a. Constitutes fraud, dishonesty, or deception; b. Constitutes malfeasance, misfeasance, or nonfeasance in dealing with money; or c. Resulted in the suspension or revocation of a previous certification
The commissioner shall deny, suspend, revoke, or refuse to renew certification for any of the following causes:
Any cause for which issuance of the certification could have been refused had it then existed and been known to the commissioner
Violation of any laws of this state in the course of dealings under the certification
Material misstatement, misrepresentation, or fraud in obtaining certification
Misappropriation, conversion, or unlawful withholdings of money belonging to donors or others and received in the conduct of business under the certification
Fraudulent or dishonest practices in the conduct of business under the certification
Willful failure to comply with or willful violation of any proper order or rule of the commissioner
When, in the judgment of the commissioner, the certificate holder has, in the conduct of affairs under the certification, demonstrated: a. Incompetency or untrustworthiness; b. Conduct or practices rendering the certificate holder unfit to carry on charitable bail activities or making the certificate holder’s continuance detrimental to the public interest; or c. That the certificate holder is no longer in good faith carrying on as a charitable bail organization; And for these reasons is found by the commissioner to be a source of detriment, injury, or loss to the public
The listing of the name of the applicant or certificate holder on the most recent tax warrant list supplied to the commissioner by the department of state revenue
The Commissioner may refuse to issue a certificate if the Commissioner determines that the applicant or an officer, director, trustee, or executive personnel of the applicant has:
demonstrated untrustworthiness or incompetence;
given cause for the revocation or suspension of the certificate; or
failed to comply with any prerequisite for the issuance of the certificate
Authority
A certified charitable bail organization must comply with all of the following:
If the charitable bail organization pays, or intends to pay, bail for more than three (3) individuals in a one hundred eighty (180) day period, the charitable bail organization must be certified by the commissioner under this section before soliciting or accepting donations for bail for another person, and before depositing money for bail for another person
A charitable bail organization may not pay bail for a defendant who: a. Is charged with a crime of violence; or b. Is charged with a felony and has a prior conviction for a crime of violence
A charitable bail organization may not execute a surety bond for a defendant
A charitable bail organization shall, before paying bail for an individual, execute an agreement described in IC 35-33-8-3.2 allowing the court to retain all or a part of the bail to pay publicly paid costs of representation and fines, costs, fees, and restitution that the court may order the defendant to pay if defendant is convicted
A charitable bail organization may not charge a premium or receive any consideration for acting as a charitable bail organization
Certificate Term
A charitable bail organization certification is valid for two (2) years from the date of issuance and may be renewed upon payment of a renewal fee of three hundred dollars ($300). If a person applies for renewal before the expiration of the existing certification, the existing certification remains valid until the commissioner renews the certification, or until five (5) days after the commissioner denies the application renewal.
How to Apply
To obtain a charitable bail organization certificate, an applicant must:
Submit a fully completed application for charitable bail organization certificate, including all applicable attachments;
Submit payment in the amount of three hundred dollars ($300) made payable to the “Indiana Department of Insurance;” and
Mail payment to the Indiana Department of Insurance at the below address:
Indiana Department of Insurance Attn: Steven Embree 311 W Washington Street, Suite 103 Indianapolis, IN 46204-2787
