Senate joint resolution would let judges deny bail more broadly; critics warn language is overly broad

Senator Shelly Yoder described a proposed constitutional amendment (referred to in the session as SB3) that would expand circumstances when judges can deny bail. "The question will be: 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 person in the community," Yoder read from the current language she noted would appear on the ballot if the measures pass both required general assemblies.

Opponents at the update warned the language is broad and could be applied to misdemeanors. Yoder said the measure could allow preventative detention beyond the current constitutional exceptions for murder and treason and that the ballot wording is "convoluted and makes it very unclear." Representative Matt Pierce and others explained the constitutional amendment process and that an implementing bill would also create procedural protections if the amendment reaches voters.

Next steps: The amendment has passed prior constitutional steps and, if approved again this session, would appear on the statewide ballot for voters to decide. Legislators urged constituents to read the proposed ballot language and contact representatives with concerns.