Voters in Alabama approved Amendment 1 on May 19, 2026. The measure allows for the denial of bail for defendants facing charges for certain weapon-discharge offenses, as well as for solicitation, attempt, or conspiracy to commit murder.

Four of the six criminal justice ballot measures in 2026 focused on bail policy. State legislatures referred four of the six 2026 criminal justice ballot measures to the ballot. The deadline for signature gathering for the Oregon initiative is July 2, 2026.

Between 2006 and 2026, 42 state ballot measures addressed criminal sentencing, penalties, and bail and release policies. During this period, 31 of these 42 measures resulted in more punitive policies. Nine measures led to less punitive policies, and two measures were classified as mixed.

Voters approved 23 of 26 more punitive ballot measures between 2006 and 2026. This included the approval of 11 out of 12 more punitive bail and release ballot measures and nine out of 11 more punitive penalties and sentencing ballot measures. All three more punitive capital punishment ballot measures were also approved by voters.

In contrast, voters approved three of nine less punitive ballot measures between 2006 and 2026. For less punitive measures, one of two bail and release ballot measures passed, and two of four penalties and sentencing ballot measures were approved. Both mixed ballot measures were approved.

From 2022 through 2026, 16 ballot measures concerning criminal sentencing, penalties, and bail were categorized as more punitive. Twelve of these 16 measures focused on expanding the circumstances under which bail could be denied. Between 2012 and 2020, 11 ballot measures decreased or proposed to decrease penalties or bail restrictions, while five increased or proposed to increase them.