Charbonneau: Public Question 1 would end the revolving door of repeat criminal offenders

By State Sen. Ed Charbonneau (R-Valparaiso)

As early voting begins, Hoosiers will be tasked with not only electing public officials but also answering an additional question on the ballot to amend Indiana's Constitution and improve public safety. Public Question 1 offers an important change for Indiana, and I want everyone to be informed about what it is, why the General Assembly put it on the ballot and how this change could protect our community.

Public Question 1 asks Hoosiers to consider an amendment to the state constitution that would give judges the option to deny bail to dangerous suspects who pose a threat to our community. Right now, the Indiana Constitution only allows judges to hold dangerous suspects without bail in murder or treason cases. If Public Question 1 is approved, a person could be held without bail under this amendment if a prosecutor has proven:

• The suspect "poses a substantial risk to any other person or the community;"
• "[T]he state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community;" and
• "The proof is evident or the presumption strong" that the suspect would be a danger to the community.

This is a public question because the procedure to amend the Indiana Constitution requires voters to ratify the amendment. Public Question 1 has already been vetted by the Indiana General Assembly in 2023 and in 2026, and passed both times with bipartisan support. Now it moves to the ballot for final consideration by the public.

If Indiana's constitution is amended, judges will have a new tool to keep our communities safe. This amendment is about keeping dangerous people behind bars and trying to fix the revolving door of repeat criminals. However, this amendment is not meant to keep every suspect in custody. Thanks to another law I supported, suspects still have the right to a speedy bail hearing, the right to an attorney, the right to have a judge set out the reasons for their bail determination in writing and the right to appeal their bail determination.

Most states across the nation already allow dangerous suspects to be held without bail to better protect citizens. Public Question 1 could be another step forward in protecting the public from dangerous criminal suspects.

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State Sen. Ed Charbonneau (R-Valparaiso) represents Senate District 5,
which includes Pulaski and White counties, and portions of Jasper and Porter counties.
Click here to download a high-resolution photo.