Restricting bail rights is focus of legislation. Voters would get final say

Judges can withhold bail under current state law if someone faces charges for murder or treason. Lawmakers are now moving to further limit bail rights, a decision that could soon be before voters. 

Senate Joint Resolution 1 would amend Indiana’s constitution to deny bail to more people considered a “substantial risk to the public.”

The measure targets individuals who have a violent history. Sen. Aaron Freeman (R-Indianapolis) said he wants to address long expressed concerns about people who are released on bail and commit a serious crime.

“Really, where I'm focused is on repeat violent offenders,” Freeman said during a Senate Corrections and Criminal Law hearing this week. 

The legislation would give judges more discretion to deny release. Courtney Curtis with the Indiana Prosecuting Attorney’s Council supports the bill as it allows consideration of past offenses. 

“We're going to evaluate the offender on what we know are facts, this is what you are already guilty of,” Curtis said. 

Democrats in the corrections committee voted against the bill that sets up procedures for the bail law change.

Sen. Rodney Pol (D-Chesterton) offered an amendment that failed. He expressed concerns that people with misdemeanor offenses could be denied bail.

“Potentially losing their job, potentially losing custody of their children and held until trial, on low level offense,” said Pol, “that is a major concern for a lot of individuals when they hear whether or not a judge has that kind of power.”

Opponents argue that denying bail to more people would lead to overcrowded jails. Lucy Frick is with the Marion County Public Defender’s Office, she commented on the legislation in an email and said it doesn’t solve the complex social problem of crime. 

“If we could incarcerate our way to public safety, we would have done that by now,” Frick wrote. 

The move to change the bail law is a multi-step process in the Indiana General Assembly. The amendment must be passed through two legislative sessions. It was first advanced in Indiana in 2023.

The resolution would amend the constitution as it pertains to bail for someone if there was clear evidence that they posed a significant risk to the community. If the resolution and companion bills pass this legislative session, Indiana voters would have the final say on the November ballot. 

In 2025, Indiana lawmakers passed a law to restrict the use of community bail funds for arrestees charged with violent crimes.

Contact WFYI managing editor Jill Sheridan at jsheridan@wfyi.org.