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Committee advances SB 2 to set standards for preventive detention if constitutional change passes; debate centers on scope and protections
Summary
SB 2, described as the implementation language for the pending constitutional amendment, advanced 7-2 after hours of testimony from prosecutors, public defenders and judges over burdens of proof, subpoena rules for victims and potential jail-capacity impacts.
The committee advanced SB 2, a legislative package intended as implementing guidance for a proposed constitutional amendment (SJR 1) that would authorize preventive detention in specified circumstances. The sponsor said the bill supplies "trailing language" to guide judges and protect public safety if the constitutional change takes effect; supporters framed it as focused on repeat violent offenders and fact-based evaluations rather than speculation.
Courtney Curtis of the Indiana Prosecuting Attorney's Council said SB 2 sets a clear standard and places the burden on the state to show, by clear and convincing evidence, that a defendant should be held without bail — aligning pretrial revocation standards with existing statutory practice. "SJR 1 and SB 2 are attempts to work with facts with a clear standard as opposed to a guessing game by the judge," Curtis said.
Zach Stock of the Indiana Public Defender Council said the process and procedures tilt slightly toward the state and urged safeguards: he questioned limits on victims' participation, argued for protections tied to pretrial assessment tools and cautioned about local-jail capacity if more people are held pretrial. Judge John Cleary and the Indiana Judge Association urged statutory guardrails to preserve judicial discretion and workable timelines for hearings, suggesting continuances and exclusion of weekends from strict 48-hour deadlines.
Senators debated whether the statute would allow judges to deny bail for low-level offenses under certain histories or aggravators; one amendment passed 5-4 on bond-related language and other amendment votes were closely divided. The committee voted to move SB 2 as amended, 7-2.
Why it matters: If SJR 1 is approved by voters, SB 2 would define the statutory standard and procedures judges must follow to hold certain defendants pretrial. Supporters say it gives courts a predictable factual standard; critics warn of expanded preventive detention and increased jail populations.
Provenance: Extensive testimony and multiple roll-call entries (amendments adopted, final vote recorded) appear in the transcript.
