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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 implementation concerns.
Speakers were sharply divided. Courtney Curtis of the Indiana Prosecuting Attorneys' Council supported the amendment, saying it aligns Indiana with other states and provides judges a clear burden and an appealable standard. "This amendment does not change that (presumption of release) for defendants who are low risk," Curtis said, and argued the change would make detention decisions clearer and appealable.
Opponents included the Indiana Public Defender Council, the ACLU of Indiana, and community-based groups. Zach Stock said SJR1 "would change the Indiana constitution" and risk undermining the presumption of innocence, overloading jails and creating major implementation challenges. The ACLU's Samantha Bresnahan testified that expanded preventive detention would increase pretrial incarceration, worsen overcrowding and impose lasting human and fiscal costs.
Judge Mark Spitzer of the Indiana Judges Association described the association as neutral but urged that accompanying legislation preserve judicial discretion, adopt clear standards of proof and include procedural protections (attorney representation, risk assessments, expedited but meaningful hearings) to avoid excessive detention. Mike Whitlock, a bail agent, warned of unfunded costs and potential overuse without clear implementing statutes.
Supporters from public-safety offices and police groups urged adoption, saying the measure aligns with the governor's public-safety agenda. Committee leadership said trailer legislation and ballot language would follow; no vote was taken at the hearing.
