Monday, January 26, 2026
Indiana's constitution 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 released on bail commit more violent crime in our communities.
Under current state law and the Indiana Rules of Criminal Procedure, a suspect's risk of danger to the community is an acceptable reason to increase their bail amount. However, Indiana Supreme Court precedent says that there comes a point when the amount can be too high and become a de facto denial of bail, leaving judges wondering when a high bail becomes too high.
To better protect the public, Senate Joint Resolution 1 seeks to amend Indiana's constitution to give courts flexibility in denying bail for certain dangerous suspects who pose a substantial danger to others or our society.
It is common for federal courts to deny bail to dangerous individuals charged with federal crimes. Nine states also don't guarantee bail to any arrestees, and 23 states allow courts to deny bail to arrestees in some circumstances.
SJR 1 would make clear to Indiana judges that there are circumstances when it is acceptable to hold a suspect in jail when releasing them poses a substantial risk to the public. As a result, the state would take a step toward better preventing violent crime and keeping our communities safe.
For an amendment to be made to the Indiana Constitution, the language must be passed by two separately elected General Assemblies, and voters must ratify the amendment in a statewide referendum. Since SJR 1 passed for the first time in 2023 and recently passed the Senate again this year, it now moves to the House of Representatives for further consideration. If passed by the House, the amendment would then be up for a statewide referendum on the 2026 midterm election ballot in November.
In addition, Senate Bill 2 would make sure arrestees have legal protections that guarantee their rights will be respected when judges set their bail. SB 2 passed the Senate and moves to the House of Representatives for further consideration.
For more information about SJR 1, click here.
