Constitutional Amendment Restricting Access to Bail (SJR 1)

In Indiana, only the legislature can place constitutional amendments on the ballot for voters to decide — and it is a rare and multiyear process.

A proposed amendment must pass the General Assembly (both the House and Senate) in one legislative session and then pass again (with identical language) in the next session after a general election. At that point, it is placed on the ballot in the next general election, and voters can approve or reject it with a simple majority .

This Senate Joint Resolution has already passed one session, and the General Assembly is considering it for a second.

If it passes again, voters in the 2026 election will be asked whether or not bail can be denied for a person who is deemed “a serious risk to others or the community.” Right now, the state constitution says that people charged with crimes other than murder or treason are eligible for bail.

We oppose this amendment because it contains vague language that will keep more people who haven’t been convicted of a crime in Indiana’s overcrowded jails. Lawmakers should be working on the broken cash bail system, rather than contributing to mass incarceration.