STORY FROM PUBLIC NEWS SERVICE

Indiana lawmakers are moving closer to asking voters whether judges should have broader authority to deny bail.

The Indiana Senate has approved a proposed constitutional amendment that would allow courts to hold certain defendants without bail if a judge determines they pose a danger to the public. Under the current Indiana Constitution, bail is guaranteed in most cases, with exceptions for murder and treason.

Supporters say the change would give judges more flexibility when dealing with violent offenses or repeat offenders. Republican Senator Eric Koch of Bedford authored the resolution.

“In more than half of the states, courts can order at least some dangerous suspects held without bail, but not in Indiana,” Koch said. “SJR-1 amends the Indiana Constitution to allow courts to hold dangerous suspects without bail, if releasing them from jail would threaten the public.”

Koch said the proposal is based on risk rather than the charge itself and includes legal standards the state would have to meet before bail could be denied.

Democrats raised concerns about fairness and the potential for bias. Democratic Senator Greg Taylor of Indianapolis warned the amendment could allow detention decisions to be made based on who a person is rather than the charges they face.

“It’s not based on the charge, it’s based on the person, which makes this even more egregious,” Taylor said. “If you don’t think there are some judges out here that may have a bias of certain people, then you haven’t been to court in Indiana.”

Taylor said voters should clearly understand how broadly the change could apply.

The resolution passed the Senate with bipartisan support and now moves to the Indiana House. If approved there, the proposal would go before voters on the November ballot.