Welcome to the Era of Presumed Guilt: Public Question 1
Know What Public Question 1 Would Change
Public Question 1 would amend Indiana’s Constitution and expand when judges can deny someone bail before trial. Before you vote, get the facts on what the amendment would change, how Indiana’s current bail system works, and what’s at stake for due process and the presumption of innocence.
Last updated on September 16, 2026
This November, Hoosiers will decide whether to rewrite Indiana’s Constitution to expand when the government can jail someone before trial.
Taking away someone’s liberty before conviction is one of the most serious powers we give the government. Public Question 1 would broaden that power based not only on what someone is accused of, but on who a court believes they may be.
What Hoosiers Need to Know
What Will Be on the Ballot?
Public Question 1 will appear on Indiana ballots in November 2026. Because it is a proposed constitutional amendment, voters will answer “yes” or “no.”
The exact ballot language will read:
A “yes” vote means you support changing the Indiana Constitution to allow courts to deny bail in more cases.
A “no” vote means you oppose changing the Indiana Constitution and want to keep the current bail protections in place.
What the Amendment Would Do
Public Question 1 would amend Article 1, Section 17 of the Indiana Constitution to allow a person charged with an offense other than murder or treason to be denied bail if:
- the proof is evident or the presumption strong; and
- the state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of another person or the community.
The amendment is not limited to people charged with violent crimes. It would allow a court to deny someone release based on a determination about the risk that person may pose in the future.
That could mean weeks or months behind bars for someone who has not been convicted. Expanding the government’s power to take away a person’s liberty on that basis raises serious concerns about due process, fairness, and the role bias can play in who is viewed as “dangerous.”
Overview: Indiana's Bail System
Learn how bail, bond and pretrial detention work, and why release before trial matters for due process, fairness and public safety.
After an arrest, a judge reviews the charges, explains the person’s rights, determines whether there was probable cause, and decides whether they will remain in jail or be released while the case is pending.
Bail refers to the conditions a court sets for release, such as attending court, following supervision or travel restrictions, avoiding contact with certain people, or paying money. Under Indiana’s Constitution currently, people charged with offenses other than murder or treason generally have a right to bail, and courts should release them without money bail when they do not pose a substantial risk of missing court or endangering others.
A bond is how a person meets a money bail requirement, either by paying the court, using property, or through a private bail company.
When money bail is required, someone who cannot afford it may remain in jail despite being presumed innocent. Pretrial detention can separate people from their families, jobs, housing and health care before guilt has been established.
People released before trial must follow all court-ordered conditions or risk a warrant, stricter restrictions, financial consequences or returning to jail.
Public safety and constitutional rights are not competing goals. Jailing someone before trial is one of the government’s most extreme powers and must remain a narrow exception.
After an arrest, a judge reviews the charges, explains the person’s rights, determines whether there was probable cause, and decides whether they will remain in jail or be released while the case is pending.
Bail refers to the conditions a court sets for release, such as attending court, following supervision or travel restrictions, avoiding contact with certain people, or paying money. Under Indiana’s Constitution currently, people charged with offenses other than murder or treason generally have a right to bail, and courts should release them without money bail when they do not pose a substantial risk of missing court or endangering others.
A bond is how a person meets a money bail requirement, either by paying the court, using property, or through a private bail company.
When money bail is required, someone who cannot afford it may remain in jail despite being presumed innocent. Pretrial detention can separate people from their families, jobs, housing and health care before guilt has been established.
People released before trial must follow all court-ordered conditions or risk a warrant, stricter restrictions, financial consequences or returning to jail.
Public safety and constitutional rights are not competing goals. Jailing someone before trial is one of the government’s most extreme powers and must remain a narrow exception.
Larger Incarceration Costs and Data Gaps
Learn how overcrowded jails, rising incarceration costs and major data gaps limit accountability across Indiana’s pretrial system.
County jails hold people awaiting trial, serving local sentences, and being held for the Indiana Department of Correction (IDOC).
- Annual jail inspections recorded more than 18,000 people in Indiana’s county jails in 2024, but the state does not report explicitly how many were awaiting trial. (IDOC Status of the Criminal Justice System Report, December 2025). However, an analysis of U.S. Bureau of Justice Statistics data by the Prison Policy Initiative found that 78% of those in jail under local authority have not been convicted and are presumed innocent. If you include persons held in jails that rent out space to other agencies, 69% of all people in jails are not convicted (Prison Policy Initiative).
- Thirty-one jails in Indiana were operating above the state’s recommended 80% capacity threshold, including eight above 100% in 2024 (IDOC Status of the Criminal Justice System Report, December 2025).
- According to the Prison Policy Initiative, Indiana incarcerates 721 people for every 100,000 residents across prisons, jails, immigration detention, and youth facilities. That rate is higher than the incarceration rate of any independent democratic country.
- The state also exhausted its $34 million budget to reimburse counties for housing some inmates, leaving local governments to absorb millions in neglected payments (Indiana Capital Chronicle).
Without clearer statewide data, Hoosiers cannot know how many people are jailed before trial, what it costs, or whether alternatives are being used.
County jails hold people awaiting trial, serving local sentences, and being held for the Indiana Department of Correction (IDOC).
- Annual jail inspections recorded more than 18,000 people in Indiana’s county jails in 2024, but the state does not report explicitly how many were awaiting trial. (IDOC Status of the Criminal Justice System Report, December 2025). However, an analysis of U.S. Bureau of Justice Statistics data by the Prison Policy Initiative found that 78% of those in jail under local authority have not been convicted and are presumed innocent. If you include persons held in jails that rent out space to other agencies, 69% of all people in jails are not convicted (Prison Policy Initiative).
- Thirty-one jails in Indiana were operating above the state’s recommended 80% capacity threshold, including eight above 100% in 2024 (IDOC Status of the Criminal Justice System Report, December 2025).
- According to the Prison Policy Initiative, Indiana incarcerates 721 people for every 100,000 residents across prisons, jails, immigration detention, and youth facilities. That rate is higher than the incarceration rate of any independent democratic country.
- The state also exhausted its $34 million budget to reimburse counties for housing some inmates, leaving local governments to absorb millions in neglected payments (Indiana Capital Chronicle).
Without clearer statewide data, Hoosiers cannot know how many people are jailed before trial, what it costs, or whether alternatives are being used.
Know What Public Question 1 Would Change
Public Question 1 would amend Indiana’s Constitution and expand when judges can deny someone bail before trial. Before you vote, get the facts on what the amendment would change, how Indiana’s current bail system works, and what’s at stake for due process and the presumption of innocence.
What Can Judges Do Now?
Indiana judges can already consider whether someone poses a substantial risk of missing court or endangering themselves or others. When there’s concerns, judges can impose money bail, supervision, no-contact orders, electronic monitoring, treatment requirements, travel restrictions, or other conditions. They can also reconsider release if someone violates those conditions. Read more here.
