1. (a) If bail is set for a defendant who is a foreign national who is unlawfully present in the United States under federal immigration law, after considering the results of the Indiana pretrial risk assessment system (if available) and other relevant factors, and the bail guidelines described in section 3.8 of this chapter, the court shall consider requiring as bail a:

   1. (1) cash bond in an amount equal to the bail;
   2. (2) real estate bond in which the net equity in the real estate is at least two (2) times the amount of the bail; or
   3. (3) surety bond in the full amount of the bail that is written by a licensed and appointed agent of an insurer (as defined in IC 27-10-1-7 ).

2. (b) If the defendant for whom bail has been posted under this section does not appear before the court as ordered because the defendant has been:

   1. (1) taken into custody or deported by a federal agency; or

   2. (2) arrested and incarcerated for another offense;

      the bond posted under this section may not be declared forfeited by the court and the insurer (as defined in IC 27-10-1-7 ) that issued the bond is released from any liability regarding the defendant's failure to appear.

As added by P.L.171-2011, SEC.22. Amended by P.L.187-2017, SEC.10.