CINCINNATI — Ohio voters passed Issue 1, requiring judges to consider public safety when setting bail amounts. Around 78% of voters said yes to the amendment.
Issue 1 amends the state constitution, requiring Ohio courts to consider public safety, the person's criminal record, the likelihood the accused will return to court and any other factors decided by the Ohio General Assembly when setting bail.
In January, a majority on the Ohio Supreme Court sided with current state law, prohibiting a court from setting excessive bail. Bail is considered unconstitutional when the amount is much higher than necessary to make sure the accused person will return for their court date.
Mike Weinman with the Fraternal Order of Police of Ohio said the proposed amendment will keep dangerous criminals off the street, but Niki Clum with the Office of the Ohio Public Defender argued that isn’t true.
"Issue 1 allows courts to set ridiculously high cash bail amounts and hopes that defendants can't pay it," she said. "It actually makes us less safe because what actually makes Ohioans more safe is individual determination."
Individual determination is when courts look at a specific case and have the court set conditions of bail that are relevant to that person. Issue 1 stops that individualized determination and just substitutes money instead, she said.
She and other opponents like the ACLU and Policy Matters Ohio believe this promotes the theory “guilty until proven wealthy.” Conservative think-tank the Buckeye Institute also shared the same concerns back when they testified against Issue 1 when it was still a joint resolution in the House.
Weinman and supporters like the Ohio Prosecuting Attorneys Association and bail bondsmen say repeat offenders who have already shown to be a threat don’t deserve to be out terrorizing victims.
"Unfortunately, a lot of those times [criminals] do go back because they want to intimidate the complainant, the person that they've abused and tried to stop them from going forward and drop the charges and things like that," he said.
Ohioans also voted on Issue 2, an amendment determining if non-citizens can vote in hyper-local elections. The amendment was also easily passed.
