This post was provided by News Now Warsaw
Hoosiers easily approved two constitutional amendments Tuesday, including one that will allow judges to hold more criminal defendants without bail.
Public Question 1 — the bail change — passed with 59% of the vote. A second question allowing city and town judges to live outside the jurisdiction also passed with 63%. That was with 84% of the votes tallied.
Defendants are guaranteed the right to bail under the Indiana Constitution except in cases of murder or treason — even when a judge believes the defendant may reoffend while awaiting trial.
Now judges will be able to deny bail to any defendant if the state proves they cannot be safely released.
Supporters say the amendment is needed to detain defendants who repeatedly commit violent crimes while on bail, while critics worry it jeopardizes due process rights for defendants who may spend months in jail without a conviction.
Two successive general assemblies approved the proposed amendment: in 2023 and 2026. Now it goes to the people on the Nov. 3 ballot.
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.
To hold someone accused of a crime without bail a judge must find the defendant poses a “substantial risk to any other person or the community” and that the proof in the case “is evident or the presumption strong” of their guilt. The state would then need to prove “by clear and convincing evidence” no other release conditions would “reasonably” protect public safety.
Defendants are entitled to an attorney and a hearing if the state asks to deny them bail, as well as the right to appeal the court’s decision.
Opponents are concerned that some accused of misdemeanor or low-level felonies might be held with no bail, but lawmakers turned back attempts to limit the law.
Public Question 2 was much simpler. It allows the judge of a city or town court to reside in the county where the court is located or the bordering county closest to the city of town in which the court is located.
