Section 12. Policy and Procedure
Effective December 8, 2022
(a) A pretrial services entity shall develop and observe a policy and procedure manual that contains written policies and procedures for conducting day-to-day pretrial services activities.
(b) The coordinator is responsible for the daily operation and administration of pretrial services, including maintaining the pretrial services policy and procedure manual.
(c) The policy and procedure manual shall:
(1) contain a statement of goals and objectives that clearly guides the operation of the pretrial services program and the delivery of services;
(2) be updated as needed, but at least annually;
(3) be available to the policy team and pretrial services staff; and
(4) reflect all current practices.
(d) The pretrial services program’s written policies and procedures, incorporating evidence-based practices and pretrial research, shall include each of the following:
(1) an operationalized mission statement that clearly provides the basis for the pretrial services entity’s oversight and management of pretrial functions;
(2) full documentation of the pretrial services entity’s operational and administrative structure, including the identification of pretrial services staff;
(3) a description of all policy team member roles and responsibilities;
(4) equality and nondiscrimination in the provision of pretrial services;
(5) a description of pretrial practices, including:
(A) the pretrial services target population with the presumption that the population served includes as many arrestees and pretrial defendants (misdemeanants and felons) as can benefit from pretrial strategies without sacrificing public safety. The pretrial services target population may not exclude an arrestee or pretrial defendant solely on the basis that the person has a substance use disorder, mental health disorder, medical condition, and/or is taking a legally prescribed psychotropic or addiction medication;
(B) the use of IRAS-PAT results to inform release decisions (presumption is universal assessment of all arrestees and pretrial defendants) and other release protocols;
(C) the release of arrestees and pretrial defendants pursuant to the bond schedule prior to the initial hearing with the presumption of release without a bail bond if an arrestee or pretrial defendant does not present a substantial risk of flight or danger to self or others;
(D) the release of arrestees and pretrial defendants following the initial hearing;
(E) sequential review of the pretrial defendant population to ensure detention, release decisions and supervision conditions remain consistent with assessed risk;
(F) a description of the range of monitoring and supervision protocols for arrestees and pretrial defendants consistent with assessed risk, including
1. a presumption of the use of least restrictive release and supervision conditions
2. restrictive release conditions such as chemical testing, electronic monitoring, home detention, work release, or any program or service with a financial commitment borne by the arrestee or pretrial defendant may not be included as standard release and supervision conditions; and
3. any use of restrictive release conditions shall be based on an assessment of individual factors by the court;
(G) a list of fees associated with pretrial services including payment plans and a sliding fee schedule, if available;
(H) a description of the pretrial services violation response protocols, including the alteration of bail conditions and revocation of pretrial supervision in accordance with IC 35-33-8-5;
(I) a policy on the presence and active participation of prosecution and defense counsel at the initial hearing;
(J) the use of a court date reminder system for pretrial defendants;
(K) a policy and procedure for responding to critical incidents, to include:
1. circumstances that would trigger the critical response team,
2. members of the critical incident response team,
3. designation of a critical response team spokesperson, and,
4. information considered by the critical incident response team;
(L) performance measurement and feedback; and
(M) other information as required by these rules.
(e) Arrestees and pretrial defendants may not, at any time, be compelled to waive or be prohibited from exercising the right to counsel.