Introduced Version
SENATE BILL No. 9
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-31.5-2-205; IC 35-33-8; IC 35-38;
IC 35-44.1-3-4.
Synopsis: Electronic monitoring standards. Establishes standards,
including staffing minimums and notification time frames, for persons
and entities responsible for monitoring individuals required to wear a
monitoring device as a condition of probation, parole, pretrial release,
or community corrections. Makes conforming amendments. Provides
that a defendant commits escape if the defendant disables or interferes
with the operation of an electronic monitoring device. (Under current
law, the defendant commits the offense by removing an electronic
monitoring device.) Requires a court to revoke the bail of a defendant
who commits escape.
Effective: July 1, 2022.
Walker K, Crider, Young M,
Sandlin, Freeman
January 4, 2022, read first time and referred to Committee on Corrections and Criminal
Law.
2022 IN 9—LS 6480/DI 106 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE BILL No. 9
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-31.5-2-205, AS ADDED BY P.L.114-2012,
2 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 205. "Monitoring device", for purposes of
4 IC 35-33-8-11, IC 35-38-2.5, and IC 35-38-2.7, has the meaning set
5 forth in IC 35-38-2.5-3.
6 SECTION 2. IC 35-33-8-5, AS AMENDED BY P.L.111-2017,
7 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2022]: Sec. 5. (a) Upon a showing of good cause, the state or
9 the defendant may be granted an alteration or revocation of bail by
10 application to the court before which the proceeding is pending. In
11 reviewing a motion for alteration or revocation of bail, credible hearsay
12 evidence is admissible to establish good cause.
13 (b) When the state presents additional:
14 (1) evidence relevant to a high risk of nonappearance, based on
15 the factors set forth in section 4(b) of this chapter; or
16 (2) clear and convincing evidence:
17 (A) of the factors described in IC 35-40-6-6(1)(A) and
2022 IN 9—LS 6480/DI 106 2
1 IC 35-40-6-6(1)(B); or
2 (B) that the defendant otherwise poses a risk to the physical
3 safety of another person or the community;
4 the court may increase bail. If the additional evidence presented by the
5 state is DNA evidence tending to show that the defendant committed
6 additional crimes that were not considered at the time the defendant
7 was admitted to bail, the court may increase or revoke bail.
8 (c) When the defendant presents additional evidence of substantial
9 mitigating factors, based on the factors set forth in section 4(b) of this
10 chapter, which reasonably suggests that the defendant recognizes the
11 court's authority to bring the defendant to trial, the court may reduce
12 bail. However, the court may not reduce bail if the court finds by clear
13 and convincing evidence that the factors described in
14 IC 35-40-6-6(1)(A) and IC 35-40-6-6(1)(B) exist or that the defendant
15 otherwise poses a risk to the physical safety of another person or the
16 community.
17 (d) The court may revoke bail or an order for release on personal
18 recognizance upon clear and convincing proof by the state that:
19 (1) while admitted to bail the defendant:
20 (A) or the defendant's agent threatened or intimidated a victim,
21 prospective witnesses, or jurors concerning the pending
22 criminal proceeding or any other matter;
23 (B) or the defendant's agent attempted to conceal or destroy
24 evidence relating to the pending criminal proceeding;
25 (C) violated any condition of the defendant's current release
26 order;
27 (D) failed to appear before the court as ordered at any critical
28 stage of the proceedings; or
29 (E) committed a felony or a Class A misdemeanor that
30 demonstrates instability and a disdain for the court's authority
31 to bring the defendant to trial;
32 (2) the factors described in IC 35-40-6-6(1)(A) and
33 IC 35-40-6-6(1)(B) exist or that the defendant otherwise poses a
34 risk to the physical safety of another person or the community; or
35 (3) a combination of the factors described in subdivisions (1) and
36 (2) exists.
37 (e) The court shall revoke bail or an order for release on
38 personal recognizance upon clear and convincing proof by the state
39 that:
40 (1) the defendant is charged with a crime of violence (as
41 defined in IC 35-50-1-2); and
42 (2) while admitted to bail, the defendant committed escape (IC
2022 IN 9—LS 6480/DI 106 3
1 35-44.1-3-4), regardless of whether the defendant is charged
2 with the offense.
3 If the court revokes a defendant's bail under this subsection, the
4 court may not release the defendant on bail until the final
5 disposition the defendant's case.
6 SECTION 3. IC 35-33-8-11, AS AMENDED BY P.L.114-2012,
7 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2022]: Sec. 11. (a) A court may require a person who has been
9 charged with a crime of domestic violence (as described in
10 IC 35-31.5-2-78) to wear a GPS tracking monitoring device as a
11 condition of bail.
12 (b) A court may order a person who is required to wear a GPS
13 tracking monitoring device under subsection (a) to pay any costs
14 associated with the GPS tracking monitoring device.
15 SECTION 4. IC 35-38-2.5-3, AS AMENDED BY P.L.170-2014,
16 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2022]: Sec. 3. (a) As used in this chapter, "monitoring device"
18 means an electronic device that:
19 (1) can record or transmit information twenty-four (24) hours
20 each day regarding an offender's
21 (A) presence or absence from the offender's home; or
22 (B) precise location;
23 (2) is minimally intrusive upon the privacy of the offender or
24 other persons residing in the offender's home;
25 (3) with the written consent of the offender and with the written
26 consent of other persons residing in the home at the time an order
27 for home detention is entered, may record or transmit:
28 (A) a visual image;
29 (B) an electronic communication or any sound; or
30 (C) information regarding the offender's activities while inside
31 the offender's home; and
32 (4) can notify a probation department, a community corrections
33 program, the parole board, a pretrial services agency, or a
34 contract agency if the offender violates the terms of a home
35 detention order.
36 (b) The term includes any device that can reliably determine the
37 location of an offender and track the locations where the offender has
38 been, including a device that uses a global positioning system satellite
39 service.
40 (c) The term does not include an unmanned aerial vehicle (as
41 defined in IC 35-31.5-2-342.3).
42 SECTION 5. IC 35-38-2.7 IS ADDED TO THE INDIANA CODE
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1 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2022]:
3 Chapter 2.7. Electronic Monitoring Standards
4 Sec. 1. The following definitions apply throughout this chapter:
5 (1) "Monitor" means the person responsible for tracking an
6 individual's location by means of a monitoring device. The
7 term includes:
8 (A) a supervising agency, if employees of a supervising
9 agency conduct the tracking; or
10 (B) a third party contractor, if the supervising agency has
11 contracted with a third party to conduct the tracking.
12 (2) "Monitoring device" has the meaning set forth in
13 IC 35-38-2.5-3.
14 (3) "Supervising agency" means:
15 (A) a court, in the case of an individual who is required to
16 wear a monitoring device as a condition of probation or
17 pretrial release;
18 (B) a community corrections program, in the case of an
19 individual who is required to wear a monitoring device as
20 a condition of community corrections; or
21 (C) the parole board, in the case of an individual who is
22 required to wear a monitoring device as a condition of
23 parole.
24 (4) "Tracked individual" means an individual required to
25 wear a monitoring device.
26 Sec. 2. A monitor must do the following:
27 (1) Require that at least one (1) employee per twenty-nine (29)
28 tracked individuals by the monitor be on duty and actively
29 tracking the individuals assigned to the employee as the
30 primary responsibility of the employee.
31 (2) Provide notification to the supervising agency as soon as
32 possible, but not later than fifteen (15) minutes, after a
33 tracked individual is unaccounted for, has left an approved
34 location, or has otherwise violated a condition imposed by the
35 supervising agency. In addition, the monitor shall notify:
36 (A) the victim, if applicable; and
37 (B) local law enforcement;
38 in accordance with the protocol adopted by the supervising
39 agency under section 3 of this chapter.
40 (3) Verify the location of each tracked individual through in
41 person contact on a random basis at least one (1) time per
42 month.
2022 IN 9—LS 6480/DI 106 5
1 Sec. 3. A supervising agency must do the following:
2 (1) Establish conditions relating to approved and unapproved
3 locations for each tracked individual under the supervising
4 agency's supervision.
5 (2) Communicate the conditions described in subdivision (1)
6 to the monitor.
7 (3) Develop and establish a protocol for the monitor to use in
8 contacting the supervising agency, victim, and local law
9 enforcement with respect to a violation by a tracked
10 individual.
11 (4) Develop and publish a policy prohibiting certain
12 relationships between a tracked individual and a monitor and
13 employees of a monitor, including:
14 (A) personal associations and relationships; and
15 (B) business relationships.
16 (5) Develop or approve detailed contingency plans for the
17 monitor's operation in case of natural disaster, power outage,
18 loss of telephone service, fire, flood, equipment malfunction,
19 death, incapacitation, or personal emergency of a monitor,
20 and, in the case of a third party contractor, the financial
21 insolvency of the monitor.
22 Sec. 4. A monitor that is a third party contractor:
23 (1) may not employ or be owned by any person convicted of a
24 felony within the previous seven (7) years; and
25 (2) may not employ an individual who was a tracked
26 individual within the previous one (1) year.
27 Sec. 5. The supervising agency shall:
28 (1) inform the tracked individual's victim of where the
29 tracked individual is permitted and not permitted to be;
30 (2) if the victim wishes to be informed if the tracked
31 individual leaves an approved location, obtain the best
32 manner of contacting the victim from the victim and provide
33 this information to the monitor; and
34 (3) advise the victim that events such as power outages,
35 Internet outages, and natural disasters may interfere with the
36 ability of the monitor to notify the victim in a timely manner.
37 Sec. 6. Upon notification from a monitor under section 2 of this
38 chapter that a tracked individual has left an approved location, is
39 unaccounted for, or has otherwise violated a condition of
40 supervision, a local law enforcement agency shall, as soon as
41 possible, but not later than fifteen (15) minutes after notification,
42 dispatch a law enforcement officer to apprehend the tracked
2022 IN 9—LS 6480/DI 106 6
1 individual, unless exigent circumstances exist.
2 Sec. 7. (a) This subsection applies to contracts entered into and
3 renewed after June 30, 2022. In addition to any penalties described
4 in the contract, a supervising agency may cancel the contract of a
5 third party contractor that fails to comply with the requirements
6 of this chapter.
7 (b) If:
8 (1) the supervising agency is a court; and
9 (2) the supervising agency has:
10 (A) canceled a contract under this section; or
11 (B) determined that it will not renew its contract with the
12 third party contractor due to the contractor's
13 performance;
14 the supervising agency shall inform the office of judicial
15 administration of its act or determination, along with a description
16 of its reasons. The office of judicial administration shall inform
17 every court that may act as a supervising agency of the identity of
18 the third party contractor, of the act or determination made by the
19 supervising agency, and of the reasons for the act or determination
20 by the supervising agency.
21 SECTION 6. IC 35-44.1-3-4, AS AMENDED BY P.L.158-2013,
22 SECTION 511, IS AMENDED TO READ AS FOLLOWS
23 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) A person, except as provided
24 in subsection (b), who intentionally flees from lawful detention
25 commits escape, a Level 5 felony. However, the offense is a Level 4
26 felony if, while committing it, the person draws or uses a deadly
27 weapon or inflicts bodily injury on another person.
28 (b) A person who knowingly or intentionally violates a home
29 detention order or intentionally removes, disables, or interferes with
30 the operation of an electronic monitoring device or GPS tracking
31 device commits escape, a Level 6 felony.
32 (c) A person who knowingly or intentionally fails to return to lawful
33 detention following temporary leave granted for a specified purpose or
34 limited period commits failure to return to lawful detention, a Level 6
35 felony. However, the offense is a Level 5 felony if, while committing
36 it, the person draws or uses a deadly weapon or inflicts bodily injury on
37 another person.
2022 IN 9—LS 6480/DI 106