By State Sen. Spencer Deery (R-West Lafayette)
One of the most basic and important duties of government is to keep us safe. And yet, Indiana is among the minority of states that still allows nearly all accused criminals to post bail, even if there is compelling evidence the defendant poses a significant threat to the public.
The right to bail is an essential right that should be honored in nearly every situation. But I believe that on rare occasions, when the government knows the individual poses a high threat to society, allowing bail actually violates the rights of the innocent.
All too often, the first victims of such leniency are women and children stuck in violent relationships. No woman and no child should fear that if they report a serious abuser to the police, the abuser will be free to retaliate days later.
Thirty states have already fixed this, and it should trouble all of us that Indiana is not yet one of them.
The good news is that over the last four years, I and my colleagues have prepared a constitutional amendment to close this catch-and-release loophole for any defendant who poses a proven, extraordinary, and unavoidable risk. Now, on Nov. 3, voters will decide whether to accept the amendment. If they do, Indiana will join more than 30 other states that have already adopted a similar standard to the one established by Public Question 1 on your ballot.
Even in the safety of District 23, we have seen dangerous individuals released who went on to victimize more Hoosiers.
For example, in March 2023, a Warren County defendant was arrested and charged with intimidation with a deadly weapon, domestic battery, criminal recklessness, pointing a firearm, and neglect of a dependent — all felonies. Despite the seriousness of the charges and this individual's history of disorderly conduct and domestic battery, he was allowed to post a $500 bond and was released. A few months later, the suspect was arrested for a litany of crimes, including burglary resulting in bodily injury, criminal confinement, and domestic battery in violation of a no-contact order.
When you read a list of legal charges like that, it can be easy to forget that behind each one of those crimes, there are real people who were victimized. Someone's daughter or mom suffered because the state failed to protect her from her abuser, and it could have been prevented if the prosecutor had an opportunity to prove the defendant was too dangerous to be eligible for bail.
Of course, that power should not be given without taking extra care to protect the rights of the accused. That's why my colleagues and I, while preparing the constitutional amendment draft, also passed a companion law that guarantees certain due process rights, such as the right to a speedy hearing and the right to an attorney. The government must prove with clear and convincing evidence why an alternative would pose a substantial risk to the public.
For a constitutional amendment to pass in our state, the state legislature must approve it in two consecutive General Assemblies, and voters must also have the opportunity to approve or reject it directly. This fall, Hoosiers will have the final say on how Indiana should balance the government's fundamental responsibility to protect the public with the constitutional rights of the accused.
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State Sen. Spencer Deery (R-West Lafayette) represents Senate District 23,
which includes Fountain, Parke, Vermillion and Warren counties,
and portions of Montgomery and Tippecanoe counties.
Click here to download a high-resolution photo.
