Indiana Senate Bill offers protection for domestic violence victims

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(Anderson) Herald Bulletin

Indiana Senate Bill 158 would increase protection for victims of domestic violence by extending the holding period from eight to 24 hours for the accused. The state Senate voted 34-15 mostly on party lines Thursday to endorse the Republican-backed proposal.

The proposed constitutional amendment would remove the right to bail for those accused of crimes whom a judge finds “poses a substantial risk to the public.”

Opponents of the bill have argued against detaining the accused for a longer period when they’ve not been convicted of a crime. While that is a valid concern, the safety of victims (in many cases, spouses and children) should be prioritized in this instance.

As noted by Courtney Curtis, assistant executive director for the Indiana Prosecuting Attorneys Council, Indiana is among states with the shortest holding period for the accused in domestic violence arrests. Curtis pointed out that no other state has an eight-hour holding period.

A 24-hour hold would serve as a longer cool-down period for the accused and a safety window for victims of domestic violence. Defenders of the bill point out that eight hours is not enough for the abused to obtain an order of protection or possibly find new living arrangements.

The cool-down period is a preventative measure that can be taken to reduce the chances of additional damage after a domestic disturbance has already been reported.

When a person is emotionally volatile and a danger to themselves or others, the last thing authorities should do is release that danger right back to the person’s family, the ones most vulnerable.

Detaining a person who might not be guilty is not ideal, but it is far less ideal to wait until someone has been injured or killed when preventative measures could’ve been taken.