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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowIndiana Gov. Mike Braun is urging voters to consider a ballot amendment next month that would allow judges to deny bail to more people. But he stops short of recommending a vote for it.
Voters on Nov. 3 will decide on a proposal that would rewrite rules in the Indiana constitution behind the right to bail. The proposed amendment, which has been years in the making, would allow judges to deny bail to any defendant if the state proves the person cannot be safely released.
Currently, defendants are guaranteed the right to bail under the constitution except in cases of murder or treason.
Braun in a brief YouTube video told voters about the amendment and thanked legislators who worked to get the question on the ballot.
“I encourage all Hoosiers to consider this ballot question carefully when you cast your vote, thank you,” Braun said at the video’s conclusion.
Braun’s main goal with the video was to make voters aware of the legislation, a spokesman said.
Indiana law limits the use of state resources for political purposes and restricts political activity by state employees while acting in an official capacity.
Proponents of the amendment say it is needed to detain defendants who repeatedly commit violent crimes while on bail.
“When someone poses a serious threat to others, judges should have the authority to consider that danger when deciding whether to grant bail,” state Rep. Chris Jeter, R-Fishers, said in a statement Wednesday.
Jeter sponsored the legislation in the state House of Representatives.
Critics worry that the amendment will jeopardize due process rights for defendants who may spend months in jail without a conviction.
A companion bill adopted earlier this year directs courts to consider the evidence against the defendant and the nature of the offense, such as whether it involved drugs, alcohol or an act of violence.
The Indiana Criminal Justice Institute found 7% of defendants released on bail or their own recognizance statewide last year were rearrested and charged with a new offense while awaiting trial, the Indiana Capital Chronicle reported earlier this month.
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