Colorado voters projected to Amendment I, allowing judges to deny bail for a first-degree murder charge

DENVER Colorado voters are projected to approve Amendment I, which proposed restoring judges' abilities to deny bail for people who have been charged with first-degree murder as long as proof is evident and presumption is great.

Current state law requires judges to set bail for any defendant facing a first-degree murder charge.

The passing of both House Bill 24-1225 titled First Degree Murder Bail & Jury Selection Statute as well as House Concurrent Resolution 24-1002 brought this issue before voters.

Both were introduced in the wake of the People v. Smith decision from June 2023, in which the Colorado Supreme Court unanimously ruled that because the state had abolished the death penalty, any person charged with first-degree murder after July 1, 2020 must have the right to bail.

After this ruling, bail hearings began popping up on court dockets for defendants who were previously being held without bail something multiple lawmakers called an "unintended consequence" of throwing away the death penalty. In several cases, defendants were given sky-high bail amounts, like $10 million and $100 million.

HB24-1225 was written in hopes of amending the Colorado Constitution to read that a person charged with first-degree murder can be held without bail when proof is evident or presumption is great, meaning the judge must find significant evidence against the accused. That standard is greater than what is required for an arrest, but less than what is required for a conviction at the end of a trial. HCR24-1002 would refer a constitutional amendment to Colorado voters, allowing them to decide if first-degree murder in this capacity should be restored as a non-bailable offense.

Voters who supported Amendment I this fall say the measure restores a "longstanding statewide legal precedent that was inadvertently eliminated by the repeal of the death penalty," the 2024 State Ballot Information blue book reads. Voters who are against the amendment say it raises concerns over fairness, as all defendants are presumed innocent until proven guilty, and anybody arrested on criminal charges should be free pending a trial.

The Colorado District Attorneys Council said this spring that the bill will be enacted only if it received 55% or more of the vote this fall.

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