Amendment I - Constitutional Bail Exception First Degree Murder

Summary

In response to the Colorado Supreme Court ruling, the General Assembly referred Amendment I to the voters, which, if passed, amends the Colorado Constitution to again allow judges to deny bail in first degree murder cases when the proof is evident or the presumption is great that the person committed the crime.

A "yes" vote on Amendment I allows judges to deny bail to a person charged with first degree murder when the judge determines that the proof is evident presumption is great that the person committed the crime.

A "no" vote on Amendment I requires judges to set bail for all persons charged with first degree murder.

Arguments

"This is the least that we could do. This is by far the least we can do is to make sure that these killers do not have the ability to see the light of the day until their trial has been completely adjudicated." - Tom Sullivan, CO State Senator, in support of Amendment I (Learn more)

"The measure restores a longstanding statewide legal precedent that was inadvertently eliminated by the repeal of the death penalty. Prior to the repeal by the General Assembly in 2020, persons charged with first degree murder were not eligible for bail. Without the possibility of a death sentence, persons charged with first degree murder are now eligible for bail. In addition, the legal standard of "proof is evident or presumption is great" is high enough to provide a safeguard against judges routinely denying bail for all persons charged with first degree murder, regardless of the evidence in the case. People meeting this high standard are a danger to others if they are released." - CO Legislative Hearings Comments, in support of Amendment I (Learn more)

"I felt that it could impact the principle of innocence until proven guilty. If a judge makes a determination that someone is likely guilty before the trial, I worry about the signal that could send to the jury, the prosecution and the defense." - Javier Mabrey, CO State Representative, in opposition to Amendment I (Learn more)

"In the United States, a person is considered innocent until proven guilty. If an individual is ultimately found not guilty at trial, a pre-trial detention means they would have spent time in jail for a crime they did not commit. This raises significant concerns about justice and fairness, as the time lost and impacts on their life cannot be undone. Therefore, a person arrested for a criminal offense should have the opportunity to be free pending trial. Judges have the discretion to set restrictive bail conditions if they believe a person is especially violent or likely to commit another offense if they are released pending trial. "- CO Legislative Hearings Comments, in opposition to Amendment I (Learn more)

Measure Details