Voters will see public question on bail on election ballot

Bail can only be denied in cases involving murder or treason in Indiana. But voters could change that soon by approving a public question on this year’s ballot.

The first of two ballot question asks whether the state constitution should be changed to allow judges to deny bail if there is a substantial risk to community safety.

Prosecutors would have to show evidence of the concern for public safety and judges would still have the final word.

Eric Grommon  is an associate professor at the O’Neil School at Indiana University Indianapolis and studies criminal justice and public safety policy.

“I think the big question that voters are going to have to wrestle with is whether or not the state should have the power to incarcerate somebody who’s not been convicted of an offense because of what we believe that person might do,” he said.

Grommon says that while pre-trial detention may reduce pre-trial crime, it hasn’t been shown to reduce recidivism.

“The research tends to suggest that the initial gains that we get by detaining somebody while their case is being figured out may be washed out once they’re released. ”

Voting yes would give courts more opportunities to deny bail. Voting no on the question would keep Indiana’s current bail practice in place.

The amendment was first passed out of the General Assembly in 2023 and then was passed again earlier this year.

Here is the language that will appear on the ballot:

“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. (This question concerns Article 1, Section 17 of the Constitution of the State of Indiana.)”

Early voting is happening now in Indiana and election day is November. 3.