Upcoming vote in Colorado aims to abolish bail for premeditated murder

COLORADO SPRINGS, Colo. (KKTV) – In just a few weeks, voters across Colorado will receive their ballots for the November general election. One of the bills that will be on the ballot is Amendment I, which addresses bail issues for violent criminals. If passed, it could allow people accused of premeditated murder to be held without bail.

Those behind the amendment told 11 News that it was intended to fill some gaps that arose after Colorado abolished the death penalty in 2020. One of the measure's supporters said it would hold the most dangerous offenders accountable while protecting the public's safety, adding that it also has bipartisan support.

11 News spoke to voters about the issue on Monday.

“I believe in the presumption of innocence. Until proven guilty, they should certainly have the chance to go free and get their affairs in order if they have that opportunity,” said Samuel Johnson, a voter.

“Because they murdered someone, there should be no bail for them,” said Spencer Johnston, another local voter.

In November, voters in Colorado will decide whether people accused of premeditated murder should be able to get out of prison on bail before their trial.

“I believe that everyone should have a right to bail, but it cannot be arbitrary and it cannot be based on a person's economic income. There has to be some equity. I think it makes it more fair and just,” said Senator Rhonda Fields of the 28th District, who introduced the amendment.

Nearly 500 first-degree murder cases have been affected since the state abolished the death penalty four years ago, giving defendants the right to bail. Fourth Judicial District Attorney Michael Allen said that very issue came up during the Club Q mass murder hearings.

“It would close that loophole in the law. It would allow courts across the state to take the worst offenders into custody, and there is strong evidence that they committed the crime, and they are convicted. Why not hold them in custody without bail until trial?” Allen said.

Because this measure would amend parts of Colorado's Constitution, it requires a 55% majority vote to pass.

“I think for public safety reasons, it's generally a good thing that they stay in jail until they're convicted or released,” said Matthew Reames, a local voter.

“Overall, I don't think this is a good idea because it would violate people's rights,” Johnson said.

This amendment passed in the Colorado House of Representatives with five votes against and in the Senate with no votes against.

11 News is waiting for the response of the MPs who voted no.

A spokesperson for Governor Jared Polis' office told us, in part, “As he typically does now that voting is complete, the Governor is reviewing all ballot proposals and will share his opinion on them soon.”

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