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TITLE 760 DEPARTMENT OF INSURANCE

Emergency Rule
LSA Document #22-225(E)

DIGEST

Temporarily adds provisions to implement IC 27-10-2-4.5 (P.L. 147-2022) regarding the regulation of charitable bail organizations. Statutory authority: IC 27-10-2-4.6. Effective June 30, 2022.


SECTION 1. The definitions set forth in IC 27-10-2-4.5 (P.L. 147-2022) apply throughout this document.

SECTION 2. (a) A charitable bail organization shall be deemed to be soliciting business in violation of IC 27-10-2-4.5 (P.L. 147-2022) if the charitable bail organization, while present in any:
(1) jail;
(2) sheriff's office;
(3) constable's office;
(4) police station;
(5) courthouse; or
(6) courtroom;
without invitation, speaks with, approaches, or communicates with, in writing or otherwise, any person, with the intent to solicit bail business.

(b) Nothing in this document prevents a charitable bail organization from being in and around a:
(1) jail;
(2) sheriff's office;
(3) constable's office;
(4) police station;
(5) courthouse; or
(6) courtroom;
when called there by a client or for the purpose of seeing that the defendants on whom the charitable bail organization have provided cash bail are present.

SECTION 3. Every charitable bail organization shall conduct the organization's business in such a manner that the public and those dealing with the organization shall be aware of the capacity in which the organization is acting. No charitable bail organization shall misrepresent their authority.

SECTION 4. No charitable bail organization shall give, directly or indirectly, any gifts of any kind to any of the following:
(1) A public official.
(2) An employee of any government agency.
(3) A prisoner in any jail or place of detention.
This SECTION shall not prevent the customary giving of gifts to relatives by blood or marriage.

SECTION 5. (a) Every charitable bail organization shall keep complete records of all business done under the authority of the charitable bail organization's certificate. All records kept by the charitable bail organization, including all documents and copies thereof, shall be open to inspection or examination by the commissioner, or his or her representatives, at all reasonable times at the principal place of business of the charitable bail organization designated in the charitable bail organization's certificate.

(b) The records for each cash bail executed shall include, but not be limited to, the following:
(1) The original application for cash bail from the charitable bail organization.
(2) The charitable bail organization's name.
(3) The receiving person.
(4) Complete accounting records, including disbursements.

LSA Document #22-225(E)
Filed with Publisher: June 24, 2022, 2:51 p.m.

Posted: 06/29/2022 by Legislative Services Agency

DIN: 20220629-IR-760220225ERA
Composed: Feb 08,2023 9:19:02AM EST
A PDF version of this document.