Amendment: I would allow first-degree murder defendants to be denied bail

Colorado voters on the November ballot will have the opportunity through Amendment I to override a state Supreme Court decision that held that first-degree murder defendants must be offered bail.

Anyone charged with a crime in Colorado is entitled to bail – that is, the chance to be free while their criminal case is pending. The Colorado Supreme Court ruled last year that the requirement applies even to defendants charged with first-degree murder, the most serious type of murder.

The justices made the ruling after the state abolished the death penalty, finding that defendants in the first murder case were entitled to bail because they could no longer be sentenced to death. The ruling led state judges to set very high bail for people already incarcerated on murder charges, in one case as high as $100 million.

Amendment I, put to a vote by the state legislature, aims to reverse the 2023 ruling and allow judges to again deny murder defendants bail and keep them in jail pending trial. Because it would amend the state constitution, the measure requires 55% approval to pass.

What would Amendment I do if adopted?

Amendment: I would allow judges in Colorado to deny bail to people charged with first-degree murder if there is substantial evidence against the defendant. Currently, judges are required to impose bail in such cases, even if it is several million dollars.

What would it cost?

According to the state’s Blue Book voter guide, there are no costs expected with the passage of Amendment I.

What do supporters say?

Supporters say Amendment I will restore the longstanding legal practice of denying bail in some first-degree murder cases, and they argue that eliminating that option was accidental when the death penalty was abolished. They argue that people charged with first-degree murder have a particularly strong incentive to avoid trial because they face life in prison without the possibility of parole if convicted.