Amendment I would amend the Colorado constitution to create an exception to the right to bail for cases of murder in the first degree when proof is evident, or presumption is great.
IndivisibleNOCO recommends voting YES on Amendment I.
Amendment I is an effort to reverse an unintended consequence of a law passed in 2020 abolishing the death penalty in Colorado. Currently, our state constitution stipulates that only people charged with crimes punishable by the death penalty are not eligible for bail pending trial. After the Colorado legislation repealed the death penalty, the courts determined that all persons have the right to bail, even in cases of first-degree murder where proof is evident or presumption is great. Mandating that bail be set for all persons charged with first-degree murder was not the intent of the law repealing the death penalty. People who meet the requirement of sufficient evidence or significant presumption represent a danger to the public and should not be eligible for bail pending trial. Amending the state Constitution is the only way to fix the unintended consequence.