Indiana voters will decide this week whether judges should have more power to deny bail.

The proposed constitutional amendment would allow judges to keep someone in jail before trial if the state can prove by clear and convincing evidence that the person poses a threat to public safety. It would apply to people charged with crimes other than murder or treason.

State Senator Eric Koch, R-Bedford, wrote the amendment. He says the standard is intentionally high.

Right now, Indiana judges can deny bail only in murder and treason cases. Lawmakers first approved the proposal in 2023, and the General Assembly voted last session to put it on this year’s ballot.

Supporters say the change would give judges another tool to deal with violent repeat offenders. Opponents worry it could keep more people in jail while they wait for trial, leading to higher costs and putting more pressure on already crowded jails.

If voters approve the amendment, the new rules would take effect January 1, 2027.