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The future of Indiana’s bail system is now in the hands of voters.
The Indiana House on Monday gave final legislative approval to a proposed constitutional amendment that would let judges keep more defendants they consider dangerous in jail without bond. The 75-11 vote puts the language on the general election ballot this fall for ratification by voters.
Currently, state law allows judges to impose bail for defendants they believe are dangerous or who they fear will evade court. But the Indiana Constitution only allows a judge to keep defendants in jail without bond if they are accused of murder or treason.
That would change if voters approve the proposed constitutional amendment, which was authored by Sen. Eric Koch, R-Bedford. The measure has passed two separately elected Legislatures, which is required before voters can consider ratification.
The Indiana House also approved Senate Bill 3, which establishes the language voters will see on the ballot. It asks whether the Indiana Constitution should be changed to “provide that a person charged with an offense other than murder or treason is not entitled to bail if: (1) the proof is evident or the presumption strong; and (2) the state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community.”
A majority of voters must accept the change for the amendment to be ratified.
The bill’s House sponsor, Rep. Chris Jeter, R-Fishers, said on Monday that if the change is ratified, Indiana would join 21 other states that have already established what are called “preventive detention” policies.
The House on Monday also approved Senate Bill 2, which sets the statutory framework for the bail changes that would be allowed if voters ratify the constitutional amendment.
The Senate has already approved the bill. But because the House made changes, the Senate must decide whether to accept the new version of the bill or send it to a conference committee, where members of both chambers will try to find a compromise.
Supporters and opponents of the constitutional changes say it is crucial for lawmakers to pass SB 2 or the state will be without a legal framework that ensures due process for bail.
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