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Committee weighs constitutional amendment to expand preventive detention and judges' tools
Summary
Senate Joint Resolution 1 would amend Indiana's Constitution to permit denial of bail for offenses beyond murder and treason if the state shows by clear and convincing evidence that release conditions cannot protect public safety. Supporters argued it gives judges a tool for dangerous defendants; opponents warned it would expand pretrial incarceration and threaten due process.
Senator Cook presented Senate Joint Resolution 1 to amend the Indiana Constitution to allow preventive detention — denying bail for charges other than murder or treason — when the state proves by clear and convincing evidence that no release conditions will reasonably protect public safety.
"The amendment process requires the exact same language to pass two consecutively elected general assemblies," Cook reminded the committee, and he said related 'trailer' legislation would propose guardrails to address due-process and…
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