TOLEDO, Ohio — Issue 1 is one of two statewide issues Ohioans are voting on in the general election. If passed, it would require judges to consider public safety along with other factors when setting bail.
The proposed constitutional amendment comes in response to an Ohio Supreme Court ruling back in January after a $1.5 million bond was set for a Cincinnati man accused of fatally shooting a man during a robbery.
The court ruled the bond was excessive and upheld a lower court decision to set bond at $500,000.
Ohio's Attorney General, Dave Yost, supports Ohio's Issue 1 as he is one of the main people who helped write it.
"It's just common sense," Yost said. "Judges are supposed to judge, and one of the things that includes is the equities between public safeties and defendants rights."
Sate Sen. Theresa Gavarone, R-Bowling Green, is also for it and helped draft the proposal in March with Yost.
"We need to make sure that judges have the ability to look at a criminal's propensity to do harm and be able to make a decision on bail based on what's going to best protect society," Gavarone said.
She said the legislation will make courts consider public safety, the severity of public offense and past criminal history when setting bail.
Piet van Lier of Policy Matters, an organization aimed at creating a sustainable and inclusive economy, is against the measure. He said that people who have greater access to large amounts of cash will have an unfair advantage.
"The courts currently have the ability, if somebody presents themself a danger to an individual or to the community, they can hold that person without relying on bail," van Lier said.
He also said that if the amendment is passed, it will double down on prolonging a system of wealth-based attention.
Emily Cole, executive director of Ohio Families Unite for Political Action and Change which works against police brutality and gun violence, agrees as she said she works for people who may not be able to afford excessive bail.
"Many of the folks that I have the honor of working with are lower income, they're minorities, Black or brown Ohioans, and Issue 1 would 100% disproportionately impact them," Cole said.
Cole said there are plenty of other remedies available which is why she's against Issue 1. She doesn't think it would make Ohioans safer, because if someone has more money, they would still be able to post their bail.
However, supporters like Yost said just because people are poor does not mean they will stay in jail. At the end of the day, Yost said, public safety is core.
"That's what the people want. We can have fair bail, a presumption of innocence and protect our communities," he said.
Voters will decide if Issue 1 will pass or not. Early voting is underway with election day on Nov. 8.