The first page of the current Indiana Constitution. It was ratified by Hoosier voters in 1851.
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The elected and appointed county judges of Indiana are one step closer to gaining the authority to keep more individuals merely accused of crimes locked in jail for weeks, months or even years before trial.
The Republican-controlled Senate voted 34-15 Thursday in favor of a proposed constitutional amendment authorizing judges to deny bail to any person jailed on a felony or misdemeanor arrest, so long as the judge believes that "the accused poses a substantial risk to the public."
The Indiana Constitution declares any person accused of a crime, except murder or treason, automatically eligible for pretrial release, provided that sufficient bail is paid to guarantee the defendant's appearance at trial.
Bail even is required in cases of murder or treason except "when the proof is evident, or the presumption strong."
Sen. Eric Koch, R-Bedford, the sponsor of Senate Joint Resolution 1, believes that judges deserve the authority to additionally consider "public safety" as a basis for denying bail.
"There are times when it is simply too dangerous to release a defendant before trial," Koch said.
Sen. Rodney Pol Jr., D-Chesterton, led the opposition to the proposal. He said it would upend centuries of American and English law to keep a person incarcerated when the person has not been convicted of a crime, and the legal system itself presumes the person innocent.
Moreover, Pol said, the proposed amendment does not define "substantial risk," leaving Hoosiers who've not been convicted of a crime in danger of losing their liberty and their livelihoods if they're locked up without bail based on whatever standard a judge decides to use.
"You get picked up on a minor charge and your life could be turned upside-down," he said. "You'll likely lose your job, you may lose your kids, you could lose your family.
"There are individuals whose lives are going to be destroyed indiscriminately and unjustly."
Sen. Sue Glick of LaGrange was among six Republicans who joined all the Democrats in attendance in voting against the proposal.
Glick said she believes the proposed amendment is salvageable. But she said it's too vague as written to be added to a constitution centered on protecting liberty.
Support for the measure among Northwest Indiana senators split along political party lines with Republicans Mike Bohacek of Michiana Shores, Ed Charbonneau of Valparaiso, Dan Dernulc of Highland and Rick Niemeyer of Lowell in support, and Eddie Melton, D-Gary, and Pol opposed. Lonnie Randolph, D-East Chicago, was absent.
The proposal goes to the Republican-controlled House for a decision on advancing it to the 2025-26 General Assembly for further action.
A constitutional amendment must be endorsed with identical language by a majority in the Indiana House and Senate, then re-approved by both chambers after the 2024 election of all 100 House members, to be placed on a general-election ballot for possible ratification by Hoosier voters.
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