Tuesday, September 22, 2026
In the upcoming general election, there will be an important question on every Hoosier's ballot asking if Indiana should amend the state constitution to allow judges to protect the public by holding the most dangerous suspects without bail.
Indiana's constitution currently requires all criminal suspects to be offered bail unless they are charged with murder or treason. Unfortunately, Hoosiers are seeing an increase in instances where dangerous suspects are released on bail only to commit more violent crimes.
To address this serious issue, Senate Republicans authored Senate Joint Resolution 1, which would give Indiana judges the power to hold a suspect in jail when releasing them poses a substantial risk to the public. This amendment would go a long way toward keeping our communities safe, and over 30 states have already adopted similar laws. When it was considered before the Indiana General Assembly, SJR 1 garnered widespread bipartisan support.
Now, SJR 1 will appear on the ballot as Public Question 1 during this year's midterm elections. For this amendment to become part of the Indiana Constitution, a majority of Hoosiers must vote in favor of it.
Public Question 1 reads:
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.
Withholding bail is a big decision and should only be used on dangerous criminals who pose an active threat to the public. To ensure this power is not abused, Senate Republicans also passed Senate Enrolled Act 2, which ensures arrestees are treated fairly at their bail hearing by guaranteeing they have legal protections like the right to an attorney, the right to present evidence and have their bail set in a timely manner.
Hoosiers should feel safe in their communities, and Senate Republicans will continue to make public safety one of their top priorities.
