The House Courts and Criminal Code Committee heard SJR 1 on limitation on right to bail sponsored by Rep. Jeter and Rep. McNamara. The author, Sen. Koch, introduced the joint resolution which provides that a person who poses a substantial risk to the public is not entitled to release on bail.
The resolution was amended by consent to apply the term “substantial risk” to any other person, or the community, as opposed to the public. The amendment also provided that an offense other than murder or treason shall not be bailable if the state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community.
The Indiana Prosecuting Attorneys Council, Indiana Association of Chiefs of Police, and Indiana State Fraternal Order of Police testified in support of the bill. The Indiana Public Defender Council, Indiana State Bar Association – Criminal Justice Section, Vera Institute of Justice, You Yes You Project, American Bail Coalition, and various individuals testified in opposition. The amended resolution passed 7-5.
Read the joint resolution at: https://iga.in.gov/legislative/2023/resolutions/senate/joint/1