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Determining Bail Amount Based on Public Safety Amendment | ||||||||||||||||||||||
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| Source: Ohio Secretary of State | ||||||||||||||||||||||
| Elections in Ohio |
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Issue 1, the Determining Bail Amount Based on Public Safety Amendment, was a successful ballot measure on the November 2022 general election ballot in Ohio. It added language to the Constitution of Ohio to require consideration of public safety in the setting of bail amounts, and transferred responsibility for establishing bail procedures from the Ohio Supreme Court to the Ohio Legislature.
The measure was conceived as a response to a January 2022 Ohio Supreme Court ruling that using excessive bail amounts to prevent pretrial release was unconstitutional. It also ruled that public safety could not be considered in setting amounts of bail, but left in place existing mechanisms to deny bail outright for public safety reasons, as well as non-financial mechanisms for protecting public safety.
Supporters of the measure said that it would make it easier to detain defendants for public safety reasons than then-current mechanisms allowed. Opponents called the measure unnecessary and ineffective, as its public safety provision largely duplicated existing state law, and noted the availability of other mechanisms to protect public safety. They also stated that it would disproportionately impact poorer defendants while allowing wealthier defendants to be freed.
Supporters also criticized the Ohio Supreme Court for overturning established practice, and desired giving the Ohio Legislature more flexibility to intervene in setting bail procedures. Opponents criticized the transfer of power from the courts to lawmakers.