Amendment I would let Colorado judges deny bail to first-degree murder defendants

DENVER — Colorado voters will have the chance through Amendment I in the November election to overrule a state Supreme Court decision that found first-degree murder defendants must be offered bail.

Everyone who is charged with a crime in Colorado is entitled to bail — that is, the chance to be free while their criminal cases are pending. The Colorado Supreme Court ruled last year that the requirement applied 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 first-degree murder defendants were entitled to bail because they could no longer be sentenced to death. The ruling prompted state judges to issue very high bails for people already jailed on murder charges, including as much as $100 million in one case.

Amendment I, placed on the ballot by the state legislature, seeks to undo that 2023 ruling and allow judges to once again deny bail to murder defendants, keeping them in jail until trial. Because it would change the state constitution, the measure requires 55% support to pass.

What would Amendment I do if passed?

Amendment I would allow Colorado judges to deny bail for people charged with first-degree murder in cases where there is significant evidence against the defendant. Currently, judges must set bail in such cases, even if it is millions of dollars.

What would it cost?

There is no expected cost to passing Amendment I, according to the state’s Blue Book voter guide.

What do supporters say?

Proponents say Amendment I will restore the longstanding legal practice of denying bail in some first-degree murder cases, and they argue its elimination as an option was accidental when the death penalty was revoked. They argue people facing first-degree murder charges have an especially high incentive to flee the court process because, if convicted, they face life in prison without the possibility of parole.

What do opponents say?

Opponents say people facing criminal charges ought to be given the chance to be free while their charges are pending — and they point out that judges still have the ability to set very high bails in first-degree murder cases that are likely to keep a defendant in jail. Judges can also set bails with restrictive conditions in cases where a defendant is believed to be violent or likely to commit another offense if they are released while the case is pending.

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