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Bailable Offenses and Substantial Risk Standard Amendment
Bailable Offenses and Substantial Risk Standard Amendment
Indiana · November 3, 2026
What this measure does
Provide for the denial of bail when the accused is found to pose a substantial risk to another person
A yes vote means
Judges can deny bail and hold people in jail before trial if they determine the person poses a substantial risk of harming another person.
A no vote means
Current bail rules stay in place, and judges continue to use the existing standards for deciding when to grant or deny bail.
Simple explanation
Right now, judges can set bail (money you pay to get out of jail while waiting for trial) for most crimes. This measure would let judges skip bail entirely and keep someone in jail before trial if they think that person is likely to hurt someone else. It's like the difference between saying 'you can go home if you pay $5,000' versus 'you have to stay in jail because we think you're dangerous.'
Who's for it, who's against it
Support
Opposition
Source: Ballotpedia