Two partner bills passed the House Monday that would amend the Indiana constitution as it relates to a judge’s authority in setting bail.
Senate Joint Resolution 1, authored by Sen. Eric Koch, R-Bedford, would allow for a constitutional amendment to state if someone commits a crime other than murder or treason then a judge could deny bail if there is strong evidence against the defendant or if prosecutors present evidence that withholding bail will ensure the safety of others.
Senate Bill 3, also authored by Koch, provides the ballot question language for the constitutional amendment, which would state: “Currently, under the Constitution of the State of Indiana, a person charged with murder or treason is not entitled to be released on bail if the proof is evident or the presumption strong. 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 other person or the community.”
To amend the state constitution, two separately elected state legislatures have to approve a joint resolution. Then, the state legislature has to pass a piece of legislation with the constitutional amendment ballot question, said Indiana University Maurer School of Law professor Jody Madeira.
The resolution to amend the constitution concerning bail passed in the 2023 legislative session. If Senate Joint Resolution 1 and Senate Bill 3 are signed by Gov. Mike Braun, voters will be able to vote on the ballot question in November, Koch said.
State Rep. Chris Jeter, R-Fishers, who carried the bill in the House, said Monday the joint resolution aims to reform Indiana’s bail procedures to “allow anyone who is deemed a public safety threat to be held” as a preventative measure.
“This is about recognizing a reality that we all see, which is that there are cases where no conditions, no amount of money, no GPS monitor, no protective order can reasonably protect the community in certain cases. Our constitution should not force the hand of judges in such instances,” Jeter said.
The resolution establishes a balance between “liberty is the norm” and “detention is permitted when the risk is extraordinary and demonstrable,” Jeter said.
Further, the resolution sets the framework for Senate Bill 2, authored by State Sen. Aaron Freeman, D-Indianapolis, that addresses prompt hearings, elevated burdens of proof, written findings and higher level of review, Jeter said.
“Hoosiers expect us to protect both constitutional rights and public safety. SJR strikes that balance,” Jeter said.
In a statement after the House vote, Koch said the joint resolution aims to address “an important safety issue” throughout Indiana.
“This resolution moving forward is a great step toward ensuring our communities are protected from those who pose a threat. I look forward to continuing to work with my fellow legislators on this resolution and guiding it through the rest of the legislative process,” Koch said.
The resolution and the bill are problematic for two reasons: It will raise the county jail populations without additional funding for jails and, if implied loosely, it risks turning pretrial detention into punishment without conviction, Madeira previously said.
The legislature would be increasing jail costs a year after decreasing county funding through Senate Enrolled Act 1 passed in 2025, Madeira previously said. Senate Enrolled Act 1 established a new property tax system by saving two-thirds of taxpayers up to $300 on their 2025 property tax bill, while local governments will lose $1.4 billion through 2028.
What’s also concerning, Madeira previously said, is that by allowing the judge to deny bail for any crime, there could be a situation where a judge doesn’t like marijuana and is dealing with a marijuana offense. As long as prosecutors say they will present evidence in trial that the defendant possessed marijuana, the judge could decide to hold the defendant without bond, she said.
“In practice, these hearings really happen with little investigation. They happen really quickly. In these hearings, judges rely heavily on hearsay, which can be really problematic,” Madeira previously said.
Both the resolution and the bill advanced through the House without amendments or discussion.
Senate Joint Resolution 1 passed the House 75-11 and Senate Bill 3 passed the House 63-22 Monday.
The resolution and the bill head to the governor’s desk for signature.
