Amendment I to the state’s constitution is a measure referred to voters by Colorado’s General Assembly (state Legislature).
Amendment I, if passed with a “yes” vote, would restore judges’ ability to deny bail to people charged with first-degree murder when presumption is great and proof is evident that the person committed the crime.
A “no” vote would require judges to set bail for all people charged with murder in the first degree.
The right to bail while awaiting trial, except under certain circumstances, is enshrined in the U.S. Constitution. One of these exceptions is for crimes committed for which the death penalty is sought, including murder in the first degree.
In 2020, the Colorado Legislature passed a law abolishing the state death penalty, which resulted in there no longer being an exception to the bail requirement for first-degree murder.
Without the possibility of a death sentence, all defendants, including those charged with first-degree murder, are eligible for bail, even those deemed dangerous to society and at risk of committing additional violent crimes.
This measure, overwhelmingly supported by both House and Senate members, aims to close a loophole unintentionally created by the 2020 law abolishing the death penalty.
Without the death sentence, people charged with murder in the first degree are eligible for bail and defendants could be released pending trial.
The legal standard judges must meet to deny bail is high. Let them have the full range of options, including denying bail to the most serious offenders, to keep citizens safe.
Vote “yes” to reinstate the option for people to be held without bail if they are charged with murder in the first degree and a judge determines the proof is evident and presumption is great.
