CASH-ONLY BAIL IS UNCONSTITUNAL: ARE SOME INDIANA judges IGNORING ARTICLE 1, SECTION 17? OF Indiana Constitution A growing debate is taking place in Indiana over whether some courts are honoring the plain language of the Indiana Constitution when setting bail—or whether certain bail practices are placing statutory discretion ahead of constitutional protections. At the center of the discussion is Article 1, Section 17 of the Indiana Constitution , which provides: "Offenses, other than murder or treason, shall be bailable by sufficient sureties. Murder or treason shall not be bailable, when the proof is evident, or the presumption strong." Supporters of expanded use of surety bonds argue that this language is clear: for offenses other than murder or treason, the Constitution expressly recognizes bail "by sufficient sureties." At the same time, Indiana Code § 35-33-8-3.2 authorizes courts, after considering the Indiana pretrial risk assessment system (if avai...