ACLU of Indiana raises concerns over proposed bail amendment
Oct 06, 2026
FORT WAYNE, Ind. (WOWO) — Indiana voters will decide this November whether to amend the state constitution to give judges broader authority to deny bail to defendants considered a public safety risk.
Under the Indiana Constitution, people charged with crimes other than murder or treason generally
have a right to bail. Public Question 1 would allow bail to be denied for other offenses if the evidence against the accused is strong and the state proves by clear and convincing evidence that no conditions of release would reasonably protect another person or the community.
The ACLU of Indiana opposes the proposed amendment. Advocacy Manager Danielle Drake told 21Alive that the organization believes the proposal is too broad because it is not limited to specific offenses or violent crimes.
The organization also argues that expanding pretrial detention could worsen existing disparities in Indiana’s criminal justice system and result in more people being held in jail before they have been convicted.
Supporters of the amendment argue the change would give judges another tool to protect the public by allowing them to keep defendants considered dangerous in custody while they await trial.
The ACLU says judges already have several options for addressing potential risks, including cash bail, supervision requirements and no-contact orders.
According to data cited by 21Alive from the Indiana Criminal Justice Institute, 32% of Allen County defendants released on bail last year committed another crime after their release, compared with 24% of defendants released without bail. The ACLU argues that broader statistics on new offenses do not necessarily indicate how many defendants committed new violent crimes.
The proposed constitutional amendment was approved by successive Indiana General Assemblies, clearing the way for voters to make the final decision.
The post ACLU of Indiana raises concerns over proposed bail amendment appeared first on WOWO News/Talk 92.3 FM and 1190 AM.
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