Indiana voters will decide this fall whether to amend the state constitution to allow judges to deny bail for certain “dangerous” defendants after lawmakers in the House gave final legislative approval Monday to the proposed constitutional change.
The chamber voted 75-11 to approve Senate Joint Resolution 1 — clearing the final hurdle needed to place the measure on the November general election ballot. All opposition votes came from Democrats.
The Senate greenlit the resolution, authored by Sen. Eric Koch, R-Bedford, last month.
“SJR 1 addresses an important safety issue in our communities,” Koch said in a Monday evening afternoon statement. “This resolution moving forward is a great step toward ensuring our communities are protected from those who pose a threat. I look forward to continuing to work with my fellow legislators on this resolution and guiding it through the rest of the legislative process.”
Indiana requires proposed constitutional amendments to pass two separately elected General Assemblies before being submitted to voters. SJR 1 was first approved in 2023. It must win support from a majority of Hoosiers casting ballots to take effect.
If approved, the amendment would allow courts to deny bail to defendants when judges determine that no conditions of release would reasonably protect public safety.
“This is a public safety amendment to the Indiana Constitution,” said Rep. Chris Jeter, R-Fishers, the House sponsor of the resolution, during brief remarks on the chamber floor. “Today … every criminal defendant is authorized to be released on bail, unless it is determined for treason, even if (they are) a substantial risk to the public. This amendment would change that to allow anyone who’s deemed a public safety threat to be held indefinitely.”
Under current language in Article 1, Section 17 of the state’s constitution, Jeter explained, nearly all defendants are entitled to bail, even when a judge believes they pose a significant danger to the community.
“Preventive detention should be limited, reviewable, based on evidence,” he said.
Jeter argued that in some cases, “no conditions, no amount of money, no GPS monitor, no protective order, can reasonably protect the community,” and said the constitution should not force judges to release defendants in those circumstances.
“Liberty is the norm, but detention is permitted when the risk is extraordinary and demonstrative,” Jeter said, adding that 22 states — “blue states and red states alike” — have adopted some form of preventive detention.
“Public safety,” he continued, “is not a partisan issue.”
Jeter also criticized the current practice of setting high bail amounts when judges believe a defendant is dangerous.
“Such an approach unnecessarily targets the underprivileged, and it creates a two-tier justice system,” he said. “SJR 1 replaces that inconsistent and unaccountable approach by making judges issue findings, including the support and intentions of their decisions.”
Lawmakers also approved a companion measure Monday that sets the exact language voters will see on the ballot.
The House voted 63-23 to pass Senate Bill 3, which establishes the wording of Public Question 1. All no votes came from Democrats on that measure, as well.
The bill remained unchanged through both chambers, and now goes to the governor for consideration.
Per language in Senate Bill 3, Public Question 1 would inform Hoosiers that, “Currently, under the Constitution of the State of Indiana, a person charged with murder or treason is not entitled to be released on bail if the proof is evident or the presumption strong.”
Voters would then be asked a yes or no question:
“Shall the Constitution of the State of Indiana be amended 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.”
Voter approval of the amendment would mark one of the most significant changes to Indiana’s bail system in decades.
Hoosier lawmakers have debated changing the state’s constitutional right to bail for years, framing the issue as a balance between public safety and civil liberties.
Supporters have argued the current system forces judges to release defendants who pose clear risks, while opponents warn expanded detention authority could disproportionately affect marginalized communities.
Jeter said the chamber is additionally expected to take a final vote Tuesday on Senate Bill 2, which would add due-process protections in statute if the constitutional change is approved.
“Hoosiers expect us to protect both constitutional rights and public safety as general,” Jeter said in final remarks on Monday. “SJR 1 sets that balance.”
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