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Committee advances bill to clarify judges' authority for limited preventive detention
Summary
After stakeholder negotiations and two technical amendments, the committee passed Senator Freeman's clarification bill on preventative detention and related bail provisions. Sponsors and defenders emphasized protections for due process while supporters said the bill targets repeat serious violent offenders.
The House Courts and Criminal Code Committee passed Senate Bill 2 as amended, a bill to clarify how judges may use preventative detention in limited circumstances and to adjust several bail procedures.
Senator Freeman, sponsor of the measure, told the committee the bill grew from two years of stakeholder work and a companion constitutional resolution and that the intent is not broad preventative detention but to provide judges clearer legislative guidance for holding repeat serious violent offenders. "We're not intending obviously to detain anyone per se unless they're in our focus has always remained on repeat serious violent offenders," Freeman said.
Representative Jeter offered two amendments adopted in committee. Amendment 3 removes a requirement that courts hold a separate hearing before fees and costs can be deducted from posted bail while keeping a signed agreement requirement; Amendment 4 changes a 48‑hour bail‑hearing deadline to business days, clarifies evidence rules at bail hearings, and lets judges set a full secured amount while permitting defendants to decide the cash versus surety mix. Jeter said the changes were intended to make the bill workable for courts while preserving due process.
Stakeholders were split on parts of the bill. Zach Stock of the Indiana Public Defender Council said Amendment 4 improves the bill and preserves courts' role in ensuring reliable evidence and cross‑examination at bail‑type proceedings, while noting concerns about contract‑style fee agreements. Courtney Curtis of the Indiana Prosecuting Attorneys Council urged caution on victim testimony procedures but said the amended bill reflects substantial compromise.
The committee adopted the amendments and approved SB 2 as amended on a recorded vote. Members emphasized continued work on drafting clarity and second‑reading fixes if necessary.
Next steps: SB 2 advances from the committee as amended; sponsors indicated they expect further technical cleanup on second reading and continued stakeholder engagement.
