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Indiana Voters to Decide on Constitutional Amendment Allowing Judges to Deny Bail

By: Charlotte Burke • February 18, 2026 • Indianapolis, IN
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photo courtesy of TheIndianaLawyer.com

(INDIANAPOLIS) - Indiana voters will decide this fall whether judges should have the authority to deny bail to certain defendants deemed dangerous, following final legislative approval of a proposed constitutional amendment.

Network Indiana reports the Indiana House voted 75-11 on Monday to approve Senate Joint Resolution 1, clearing the last step needed to place the measure on the November general election ballot. All opposition votes came from Democrats.

The proposal would allow courts to hold defendants without bail if a judge determines that no release conditions would adequately protect public safety. Currently, Indiana's constitution guarantees bail for most criminal defendants except in cases of murder or treason.

Supporters say the change is necessary to prevent potentially dangerous individuals from being released while awaiting trial. Opponents warn expanded detention authority could threaten civil liberties and disproportionately affect vulnerable populations.

The amendment was first approved by lawmakers in 2023, as required for constitutional changes, which must pass two separately elected General Assemblies before going to voters.

Lawmakers also approved companion legislation establishing the exact wording that will appear on the ballot. Voters will be asked whether the constitution should be amended to deny bail for non-capital offenses when the state proves both strong evidence of guilt and that no conditions of release would reasonably ensure public safety.

If approved by a majority of voters, the change would mark one of the most significant revisions to Indiana's bail system in decades.

Debate over the issue has continued for years, with lawmakers framing it as a balance between protecting communities and preserving constitutional rights.