Colorado voters will decide Nov. 5 whether judges should be allowed to deny bail to people charged with first-degree murder, forcing them to remain in jail while they await trial.
Here’s what you need to know about Amendment I, which was referred to the statewide ballot by the Legislature and which requires the support of 55% of voters to pass.
If Amendment I passes, it would restore the ability of Colorado judges to deny bail to people who are charged with first-degree murder when there is enough evidence before trial to presume that the person will eventually be convicted.
A “no” vote would continue the status quo, requiring judges to set bail for everyone charged with first-degree murder.
The ballot measure is an effort by state lawmakers to reverse an unintended consequence of a law passed in 2020 abolishing Colorado’s death penalty.
The state constitution says only people who are charged with crimes punishable by the death penalty are ineligible for bail pending trial. The Colorado Supreme Court ruled last year that since the death penalty was repealed, a judge cannot deny bail for any crimes, including first-degree murder.
The ruling prompted judges to set bail at astronomical amounts — including $100 million in one instance — for first-degree murder suspects. But victims still worried that the Colorado Supreme Court ruling could jeopardize their safety, or at least their sense of security.
Under Colorado law, a person may be charged with first-degree murder if:
- There is a premeditated intent to kill.
- In situations when they show extreme indifference to human life while engaging in conduct that could knowingly end another person’s life and then results in death.
- After providing a controlled substance to a child on school grounds who then dies after taking the drug.
- A person in a position of trust knowingly causes the death of someone younger than 12 years old.
First-degree murder convictions in Colorado carry a mandatory life prison sentence without the possibility of parole if the defendant is an adult.
The Legislature places Amendment I on the ballot through the passage this year of House Concurrent Resolution 1002.
Measures amending the state constitution must receive the support of two-thirds of the members of each the House and Senate to make the ballot. The resolution passes unanimously in the Senate and by a 59-5 vote in the House. All but one of the “no” votes were cast by progressive Democrats.
Supporters of Amendment I believe that the measure would restore a longstanding, statewide legal precedent that was inadvertently eliminated by abolishing the death penalty.
Should Amendment I pass, a person charged with first-degree murder could only be denied bail when prosecutors could show before trial that the “proof is evident or presumption is great” that they are guilty, a high legal standard. Proponents of the measure say people for whom that legal standard is met are a danger to others and should not be released before trial.
Those who oppose Amendment I feel it is unfair to jail someone without bail if they may be acquitted at trial.
Opponents of the measure believe a person arrested for a criminal offense should have the opportunity to be free before their trial. They point out that judges already have the discretion to impose restrictive bail conditions if they feel a person is especially violent or likely to commit another crime if they were to be released pending trial.
If Amendment I passes, nonpartisan legislative staffers say the amendment would increase the workload for people working in state courts; state agencies that provide indigent defendants with legal representation, such as public defenders; and local district attorneys offices that would have to review whether the criteria for denying bail have been met in first-degree murder cases.
However, first-degree murder cases are already time intensive and the type of court hearing required by the measure is expected to be infrequent, so any workload increase under the measure will likely be minimal and not affect state or local spending, according to nonpartisan legislative staffers.
No. There are no issue committees that appear to be spending money to assist or block the amendment’s passage.
Nonpartisan legislative staff creates a guide for each initiative on the statewide ballot. You can find their analysis of Amendment I here.
You can read the full text of the ballot measure here.
