*SB0009.1*
January 21, 2022
SENATE BILL No. 9
_____
DIGEST OF SB 9 (Updated January 18, 2022 1:37 pm - DI 106)
Citations Affected: IC 31-37; IC 34-30; IC 35-31.5; IC 35-33;
IC 35-38; IC 35-44.1.
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. Provides immunity for acts or omissions
performed in connection with implementing monitoring standards.
Provides that a defendant commits escape if the defendant disables or
interferes with the operation of an electronic monitoring device. Makes
escape committed by a juvenile status offender a status offense under
certain circumstances. Makes conforming amendments.
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.
January 20, 2022, amended, reported favorably — Do Pass.
SB 9—LS 6480/DI 106 January 21, 2022
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 31-37-2-8 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2022]: Sec. 8. A child commits a delinquent act if, before
4 becoming eighteen (18) years of age, the child:
5 (1) intentionally flees from lawful detention (as defined in
6 IC 35-31.5-2-186) where the child has been placed;
7 (2) knowingly or intentionally violates a home detention order
8 imposed on the child;
9 (3) intentionally removes, disables, or interferes with the
10 operation of an electronic monitoring device or GPS tracking
11 device that the child is required to wear; or
12 (4) knowingly or intentionally fails to return to lawful
13 detention following temporary leave granted for a specified
14 purpose or limited period;
15 due to an allegation or adjudication that the child committed an act
16 described in this chapter.
17 SECTION 2. IC 34-30-2-149.7 IS ADDED TO THE INDIANA
SB 9—LS 6480/DI 106 2
1 CODE AS A NEW SECTION TO READ AS FOLLOWS
2 [EFFECTIVE JULY 1, 2022]: Sec. 149.7. IC 35-38-2.7 (Concerning
3 electronic monitoring standards).
4 SECTION 3. IC 35-31.5-2-204.7 IS ADDED TO THE INDIANA
5 CODE AS A NEW SECTION TO READ AS FOLLOWS
6 [EFFECTIVE JULY 1, 2022]: Sec. 204.7. "Monitor", for purposes
7 of IC 35-38-2.7, has the meaning set forth in IC 35-38-2.7-1.
8 SECTION 4. IC 35-31.5-2-205, AS ADDED BY P.L.114-2012,
9 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2022]: Sec. 205. "Monitoring device", for purposes of
11 IC 35-33-8-11, IC 35-38-2.5, and IC 35-38-2.7, has the meaning set
12 forth in IC 35-38-2.5-3.
13 SECTION 5. IC 35-31.5-2-318.5 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2022]: Sec. 318.5. "Supervising agency", for
16 purposes of IC 35-38-2.7, has the meaning set forth in
17 IC 35-38-2.7-1.
18 SECTION 6. IC 35-31.5-2-337.3 IS ADDED TO THE INDIANA
19 CODE AS A NEW SECTION TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2022]: Sec. 337.3. "Tracked individual", for
21 purposes of IC 35-38-2.7, has the meaning set forth in
22 IC 35-38-2.7-1.
23 SECTION 7. IC 35-31.5-2-352.5 IS ADDED TO THE INDIANA
24 CODE AS A NEW SECTION TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2022]: Sec. 352.5. "Vulnerable victim", for
26 purposes of IC 35-38-2.7, has the meaning set forth in
27 IC 35-38-2.7-1.
28 SECTION 8. IC 35-33-8-11, AS AMENDED BY P.L.114-2012,
29 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2022]: Sec. 11. (a) A court may require a person who has been
31 charged with a crime of domestic violence (as described in
32 IC 35-31.5-2-78) to wear a GPS tracking monitoring device as a
33 condition of bail.
34 (b) A court may order a person who is required to wear a GPS
35 tracking monitoring device under subsection (a) to pay any costs
36 associated with the GPS tracking monitoring device.
37 SECTION 9. IC 35-38-2.5-3, AS AMENDED BY P.L.170-2014,
38 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2022]: Sec. 3. (a) As used in this chapter, "monitoring device"
40 means an electronic device that:
41 (1) can record or transmit information twenty-four (24) hours
42 each day regarding an offender's
SB 9—LS 6480/DI 106 3
1 (A) presence or absence from the offender's home; or
2 (B) precise location;
3 (2) is minimally intrusive upon the privacy of the offender or
4 other persons residing in the offender's home;
5 (3) with the written consent of the offender and with the written
6 consent of other persons residing in the home at the time an order
7 for home detention is entered, may record or transmit:
8 (A) a visual image;
9 (B) an electronic communication or any sound; or
10 (C) information regarding the offender's activities while inside
11 the offender's home; and
12 (4) can notify a probation department, a community corrections
13 program, the parole board, a pretrial services agency, or a
14 contract agency if the offender violates the terms of a home
15 detention order.
16 (b) The term includes any device that can reliably determine the
17 location of an offender and track the locations where the offender has
18 been, including a device that uses a global positioning system satellite
19 service.
20 (c) The term does not include an unmanned aerial vehicle (as
21 defined in IC 35-31.5-2-342.3).
22 SECTION 10. IC 35-38-2.7 IS ADDED TO THE INDIANA CODE
23 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2022]:
25 Chapter 2.7. Electronic Monitoring Standards
26 Sec. 1. The following definitions apply throughout this chapter:
27 (1) "Monitor" means the person responsible for tracking an
28 individual's location by means of a monitoring device. The
29 term includes:
30 (A) a supervising agency, if employees of a supervising
31 agency conduct the tracking; or
32 (B) a third party contractor, if the supervising agency has
33 contracted with a third party to conduct the tracking.
34 (2) "Monitoring device" has the meaning set forth in
35 IC 35-38-2.5-3.
36 (3) "Supervising agency" means:
37 (A) a court, in the case of an individual who is required to
38 wear a monitoring device as a condition of probation or
39 pretrial release;
40 (B) a community corrections program, in the case of an
41 individual who is required to wear a monitoring device as
42 a condition of community corrections; or
SB 9—LS 6480/DI 106 4
1 (C) the parole board, in the case of an individual who is
2 required to wear a monitoring device as a condition of
3 parole.
4 (4) "Tracked individual" means an individual required to
5 wear a monitoring device.
6 (5) "Vulnerable victim" means the victim of a crime
7 committed or alleged to have been committed by a tracked
8 individual:
9 (A) under circumstances suggesting that the tracked
10 individual may disturb, harass, or harm the victim, as
11 determined by a court or the supervising agency;
12 (B) if the tracked individual is the subject of a protection
13 order, restraining order, or no contact order with respect
14 to the victim; or
15 (C) that is a crime of domestic or sexual violence (as
16 defined in IC 16-18-2-88.5).
17 Sec. 2. A monitor must do the following:
18 (1) Provide notification to the supervising agency as soon as
19 possible, but not later than fifteen (15) minutes, after:
20 (A) the monitoring device of a tracked individual suffers an
21 unexplained or undocumented loss of communication with
22 the monitor;
23 (B) a tracked individual enters a prohibited exclusion zone;
24 or
25 (C) a tracked individual removes, disables, or otherwise
26 interferes with a monitoring device.
27 In addition, if the tracked individual has committed or is
28 alleged to have committed a crime against a vulnerable
29 victim, the monitor shall notify the vulnerable victim and
30 request local law enforcement to conduct a welfare check on
31 the vulnerable victim in accordance with the protocol
32 developed by the supervising agency under section 3 of this
33 chapter.
34 (2) Employ at least one (1) employee per:
35 (A) thirty (30) tracked individuals placed on electronic
36 monitoring due to being charged with or convicted of:
37 (i) a crime of violence (as defined in IC 35-50-1-2(a)); or
38 (ii) a crime of domestic or sexual violence (as defined in
39 IC 16-18-2-88.5); or
40 (B) seventy-five (75) tracked individuals placed on
41 electronic monitoring who are not charged with or
42 convicted of:
SB 9—LS 6480/DI 106 5
1 (i) a crime of violence (as defined in IC 35-50-1-2(a)); or
2 (ii) a crime of domestic or sexual violence (as defined in
3 IC 16-18-2-88.5).
4 (3) Verify in person the location of each tracked individual
5 placed on electronic monitoring due to being charged with or
6 convicted of:
7 (A) a crime of violence (as defined in IC 35-50-1-2(a)); or
8 (B) a crime of domestic or sexual violence (as defined in
9 IC 16-18-2-88.5);
10 by making one (1) scheduled in person contact and one (1)
11 unannounced in person contact with the individual in every
12 thirty (30) day period.
13 (4) Transmit a quarterly report to the local justice
14 reinvestment advisory council (established by IC 33-38-9.5-4)
15 that includes information concerning:
16 (A) the total number of persons under supervision,
17 whether they are under pretrial or post-disposition
18 supervision, and the charges they are facing or have been
19 convicted of;
20 (B) the number of persons under supervision assigned to
21 each employee;
22 (C) the total costs and fees levied and collected;
23 (D) the number of persons under supervision whose
24 supervision has been terminated and the reason for
25 termination; and
26 (E) the number of false location alerts or device
27 malfunctions in the case of each person under supervision.
28 The report must be submitted not later than fifteen (15)
29 calendar days after the close of each quarter. The local justice
30 reinvestment advisory council shall transmit each report
31 electronically to the legislative council and to the statewide
32 justice reinvestment advisory council (established by
33 IC 33-38-9.5-2), which shall publish the reports quarterly. The
34 report to the legislative council must be in an electronic
35 format under IC 5-14-6.
36 Sec. 3. A supervising agency must do the following:
37 (1) Establish conditions relating to approved and unapproved
38 locations for each tracked individual under the supervising
39 agency's supervision.
40 (2) Communicate the conditions described in subdivision (1)
41 to the monitor.
42 (3) Develop and establish a protocol for the monitor to use in
SB 9—LS 6480/DI 106 6
1 contacting the supervising agency, vulnerable victim, and
2 local law enforcement with respect to a violation by a tracked
3 individual.
4 (4) Develop and publish a policy prohibiting certain
5 relationships between a tracked individual and a monitor and
6 employees of a monitor, including:
7 (A) personal associations and relationships; and
8 (B) business relationships.
9 (5) Develop or approve detailed contingency plans for the
10 monitor's operation in case of natural disaster, power outage,
11 loss of telephone service, fire, flood, equipment malfunction,
12 death, incapacitation, or personal emergency of a monitor,
13 and, in the case of a third party contractor, the financial
14 insolvency of the monitor.
15 Sec. 4. A monitor that is a third party contractor:
16 (1) may not employ or be owned by any person convicted of a
17 felony within the previous seven (7) years; and
18 (2) may not employ an individual who was a tracked
19 individual within the previous one (1) year.
20 Sec. 5. (a) The supervising agency shall:
21 (1) inform a vulnerable victim of where the tracked individual
22 is not permitted to be;
23 (2) if the vulnerable victim wishes to be informed if the
24 tracked individual commits a violation as described in section
25 2(1)(A) through 2(1)(C) of this chapter, obtain the best
26 manner of contacting the vulnerable victim from the
27 vulnerable victim and provide this information to the
28 monitor; and
29 (3) advise the vulnerable victim that events such as power
30 outages, Internet outages, and natural disasters may interfere
31 with the ability of the monitor to notify the vulnerable victim
32 in a timely manner.
33 (b) Upon notice from a monitor of a possible violation by a
34 tracked individual as described in section 2(1)(A) through 2(1)(C)
35 of this chapter, the supervising agency shall, as soon as practicable,
36 seek a warrant for the arrest of the tracked individual.
37 Sec. 6. (a) This subsection applies to a tracked individual who is
38 charged with or convicted of a crime of violence (as defined in
39 IC 35-50-1-2(a)) or a crime of domestic or sexual violence (as
40 defined in IC 16-18-2-88.5). As soon as possible, but not later than:
41 (1) fifteen (15) minutes after a warrant has been issued for a
42 tracked individual to whom this subsection applies, a local law
SB 9—LS 6480/DI 106 7
1 enforcement agency shall transmit details of the warrant to all
2 active units; and
3 (2) sixty (60) minutes after a warrant has been issued for a
4 tracked individual to whom this subsection applies, a local law
5 enforcement agency shall dispatch a law enforcement officer
6 to apprehend the tracked individual.
7 (b) This subsection applies to a tracked individual who is not
8 charged with or convicted of a crime of violence (as defined in
9 IC 35-50-1-2(a)) or a crime of domestic or sexual violence (as
10 defined in IC 16-18-2-88.5). As soon as possible, but not later than:
11 (1) sixty (60) minutes after a warrant has been issued for a
12 tracked individual to whom this subsection applies, a local law
13 enforcement agency shall transmit details of the warrant to all
14 active units; and
15 (2) forty-eight (48) hours after a warrant has been issued for
16 a tracked individual to whom this subsection applies, a local
17 law enforcement agency shall dispatch a law enforcement
18 officer to apprehend the tracked individual.
19 (c) The local law enforcement agency shall keep a record of each
20 dispatch made under this section.
21 Sec. 7. (a) This subsection applies to contracts entered into and
22 renewed after June 30, 2022. In addition to any penalties described
23 in the contract, a supervising agency may cancel the contract of a
24 third party contractor that fails to comply with the requirements
25 of this chapter.
26 (b) If:
27 (1) the supervising agency is a court; and
28 (2) the supervising agency has:
29 (A) canceled a contract under this section; or
30 (B) determined that it will not renew its contract with the
31 third party contractor due to the contractor's
32 performance;
33 the supervising agency shall inform the office of judicial
34 administration of its act or determination, along with a description
35 of its reasons. The office of judicial administration shall inform
36 every court that may act as a supervising agency of the identity of
37 the third party contractor, of the act or determination made by the
38 supervising agency, and of the reasons for the act or determination
39 by the supervising agency.
40 Sec. 8. (a) Except as described in subsection (b), the following
41 are immune from civil liability for an act or omission that occurs
42 in connection with the implementation of this chapter:
SB 9—LS 6480/DI 106 8
1 (1) A monitor.
2 (2) A supervising agency.
3 (3) A law enforcement agency.
4 (4) An employee of a person described in subdivisions (1)
5 through (3).
6 (b) The immunity described in subsection (a) does not apply if
7 the person committed gross negligence or willful or wanton
8 misconduct.
9 SECTION 11. IC 35-44.1-3-4, AS AMENDED BY P.L.158-2013,
10 SECTION 511, IS AMENDED TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) This section does not apply
12 to a child who:
13 (1) flees from lawful detention (as defined in IC 35-31.5-2-186)
14 where the child has been placed;
15 (2) violates a home detention order imposed on the child;
16 (3) removes, disables, or interferes with the operation of an
17 electronic monitoring device or GPS tracking device that the
18 child is required to wear; or
19 (4) fails to return to lawful detention following temporary
20 leave granted for a specified purpose or limited period;
21 due to an allegation or adjudication that the child committed an act
22 described in IC 31-37-2-3 through IC 31-37-2-7 (status offenses),
23 unless the child, while committing the offense, draws or uses a
24 deadly weapon or inflicts bodily injury on another person.
25 (b) A person, except as provided in subsection (b), (c), who
26 intentionally flees from lawful detention commits escape, a Level 5
27 felony. However, the offense is a Level 4 felony if, while committing
28 it, the person draws or uses a deadly weapon or inflicts bodily injury on
29 another person.
30 (b) (c) A person who:
31 (1) knowingly or intentionally violates a home detention order; or
32 (2) intentionally removes, disables, or interferes with the
33 operation of an electronic monitoring device or GPS tracking
34 device;
35 commits escape, a Level 6 felony.
36 (c) (d) A person who knowingly or intentionally fails to return to
37 lawful detention following temporary leave granted for a specified
38 purpose or limited period commits failure to return to lawful detention,
39 a Level 6 felony. However, the offense is a Level 5 felony if, while
40 committing it, the person draws or uses a deadly weapon or inflicts
41 bodily injury on another person.
SB 9—LS 6480/DI 106 9
COMMITTEE REPORT
Madam President: The Senate Committee on Corrections and
Criminal Law, to which was referred Senate Bill No. 9, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 31-37-2-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2022]: Sec. 8. A child commits a delinquent act if, before
becoming eighteen (18) years of age, the child:
(1) intentionally flees from lawful detention (as defined in
IC 35-31.5-2-186) where the child has been placed;
(2) knowingly or intentionally violates a home detention order
imposed on the child;
(3) intentionally removes, disables, or interferes with the
operation of an electronic monitoring device or GPS tracking
device that the child is required to wear; or
(4) knowingly or intentionally fails to return to lawful
detention following temporary leave granted for a specified
purpose or limited period;
due to an allegation or adjudication that the child committed an act
described in this chapter.
SECTION 2. IC 34-30-2-149.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 149.7. IC 35-38-2.7 (Concerning
electronic monitoring standards).
SECTION 3. IC 35-31.5-2-204.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 204.7. "Monitor", for purposes
of IC 35-38-2.7, has the meaning set forth in IC 35-38-2.7-1.".
Page 1, between lines 5 and 6, begin a new paragraph and insert:
"SECTION 4. IC 35-31.5-2-318.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 318.5. "Supervising agency", for
purposes of IC 35-38-2.7, has the meaning set forth in
IC 35-38-2.7-1.
SECTION 5. IC 35-31.5-2-337.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 337.3. "Tracked individual", for
purposes of IC 35-38-2.7, has the meaning set forth in
SB 9—LS 6480/DI 106 10
IC 35-38-2.7-1.
SECTION 6. IC 35-31.5-2-352.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 352.5. "Vulnerable victim", for
purposes of IC 35-38-2.7, has the meaning set forth in
IC 35-38-2.7-1.".
Page 1, delete lines 6 through 17.
Delete page 2.
Page 3, delete lines 1 through 5.
Page 4, between lines 25 and 26, begin a new line block indented
and insert:
"(5) "Vulnerable victim" means the victim of a crime
committed or alleged to have been committed by a tracked
individual:
(A) under circumstances suggesting that the tracked
individual may disturb, harass, or harm the victim, as
determined by a court or the supervising agency;
(B) if the tracked individual is the subject of a protection
order, restraining order, or no contact order with respect
to the victim; or
(C) that is a crime of domestic or sexual violence (as
defined in IC 16-18-2-88.5).".
Page 4, delete lines 26 through 42, begin a new paragraph and
insert:
"Sec. 2. A monitor must do the following:
(1) Provide notification to the supervising agency as soon as
possible, but not later than fifteen (15) minutes, after:
(A) the monitoring device of a tracked individual suffers an
unexplained or undocumented loss of communication with
the monitor;
(B) a tracked individual enters a prohibited exclusion zone;
or
(C) a tracked individual removes, disables, or otherwise
interferes with a monitoring device.
In addition, if the tracked individual has committed or is
alleged to have committed a crime against a vulnerable
victim, the monitor shall notify the vulnerable victim and
request local law enforcement to conduct a welfare check on
the vulnerable victim in accordance with the protocol
developed by the supervising agency under section 3 of this
chapter.
(2) Employ at least one (1) employee per:
SB 9—LS 6480/DI 106 11
(A) thirty (30) tracked individuals placed on electronic
monitoring due to being charged with or convicted of:
(i) a crime of violence (as defined in IC 35-50-1-2(a)); or
(ii) a crime of domestic or sexual violence (as defined in
IC 16-18-2-88.5); or
(B) seventy-five (75) tracked individuals placed on
electronic monitoring who are not charged with or
convicted of:
(i) a crime of violence (as defined in IC 35-50-1-2(a)); or
(ii) a crime of domestic or sexual violence (as defined in
IC 16-18-2-88.5).
(3) Verify in person the location of each tracked individual
placed on electronic monitoring due to being charged with or
convicted of:
(A) a crime of violence (as defined in IC 35-50-1-2(a)); or
(B) a crime of domestic or sexual violence (as defined in
IC 16-18-2-88.5);
by making one (1) scheduled in person contact and one (1)
unannounced in person contact with the individual in every
thirty (30) day period.
(4) Transmit a quarterly report to the local justice
reinvestment advisory council (established by IC 33-38-9.5-4)
that includes information concerning:
(A) the total number of persons under supervision,
whether they are under pretrial or post-disposition
supervision, and the charges they are facing or have been
convicted of;
(B) the number of persons under supervision assigned to
each employee;
(C) the total costs and fees levied and collected;
(D) the number of persons under supervision whose
supervision has been terminated and the reason for
termination; and
(E) the number of false location alerts or device
malfunctions in the case of each person under supervision.
The report must be submitted not later than fifteen (15)
calendar days after the close of each quarter. The local justice
reinvestment advisory council shall transmit each report
electronically to the legislative council and to the statewide
justice reinvestment advisory council (established by
IC 33-38-9.5-2), which shall publish the reports quarterly. The
report to the legislative council must be in an electronic
SB 9—LS 6480/DI 106 12
format under IC 5-14-6.".
Page 5, line 8, after "agency," insert "vulnerable".
Page 5, delete lines 27 through 42, begin a new paragraph and
insert:
"Sec. 5. (a) The supervising agency shall:
(1) inform a vulnerable victim of where the tracked individual
is not permitted to be;
(2) if the vulnerable victim wishes to be informed if the
tracked individual commits a violation as described in section
2(1)(A) through 2(1)(C) of this chapter, obtain the best
manner of contacting the vulnerable victim from the
vulnerable victim and provide this information to the
monitor; and
(3) advise the vulnerable victim that events such as power
outages, Internet outages, and natural disasters may interfere
with the ability of the monitor to notify the vulnerable victim
in a timely manner.
(b) Upon notice from a monitor of a possible violation by a
tracked individual as described in section 2(1)(A) through 2(1)(C)
of this chapter, the supervising agency shall, as soon as practicable,
seek a warrant for the arrest of the tracked individual.
Sec. 6. (a) This subsection applies to a tracked individual who is
charged with or convicted of a crime of violence (as defined in
IC 35-50-1-2(a)) or a crime of domestic or sexual violence (as
defined in IC 16-18-2-88.5). As soon as possible, but not later than:
(1) fifteen (15) minutes after a warrant has been issued for a
tracked individual to whom this subsection applies, a local law
enforcement agency shall transmit details of the warrant to all
active units; and
(2) sixty (60) minutes after a warrant has been issued for a
tracked individual to whom this subsection applies, a local law
enforcement agency shall dispatch a law enforcement officer
to apprehend the tracked individual.
(b) This subsection applies to a tracked individual who is not
charged with or convicted of a crime of violence (as defined in
IC 35-50-1-2(a)) or a crime of domestic or sexual violence (as
defined in IC 16-18-2-88.5). As soon as possible, but not later than:
(1) sixty (60) minutes after a warrant has been issued for a
tracked individual to whom this subsection applies, a local law
enforcement agency shall transmit details of the warrant to all
active units; and
(2) forty-eight (48) hours after a warrant has been issued for
SB 9—LS 6480/DI 106 13
a tracked individual to whom this subsection applies, a local
law enforcement agency shall dispatch a law enforcement
officer to apprehend the tracked individual.
(c) The local law enforcement agency shall keep a record of each
dispatch made under this section.".
Page 6, delete line 1.
Page 6, between lines 20 and 21, begin a new paragraph and insert:
"Sec. 8. (a) Except as described in subsection (b), the following
are immune from civil liability for an act or omission that occurs
in connection with the implementation of this chapter:
(1) A monitor.
(2) A supervising agency.
(3) A law enforcement agency.
(4) An employee of a person described in subdivisions (1)
through (3).
(b) The immunity described in subsection (a) does not apply if
the person committed gross negligence or willful or wanton
misconduct.".
Page 6, delete lines 21 through 37, begin a new paragraph and
insert:
"SECTION 11. IC 35-44.1-3-4, AS AMENDED BY P.L.158-2013,
SECTION 511, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) This section does not apply
to a child who:
(1) flees from lawful detention (as defined in IC 35-31.5-2-186)
where the child has been placed;
(2) violates a home detention order imposed on the child;
(3) removes, disables, or interferes with the operation of an
electronic monitoring device or GPS tracking device that the
child is required to wear; or
(4) fails to return to lawful detention following temporary
leave granted for a specified purpose or limited period;
due to an allegation or adjudication that the child committed an act
described in IC 31-37-2-3 through IC 31-37-2-7 (status offenses),
unless the child, while committing the offense, draws or uses a
deadly weapon or inflicts bodily injury on another person.
(b) A person, except as provided in subsection (b), (c), who
intentionally flees from lawful detention commits escape, a Level 5
felony. However, the offense is a Level 4 felony if, while committing
it, the person draws or uses a deadly weapon or inflicts bodily injury on
another person.
(b) (c) A person who:
SB 9—LS 6480/DI 106 14
(1) knowingly or intentionally violates a home detention order; or
(2) intentionally removes, disables, or interferes with the
operation of an electronic monitoring device or GPS tracking
device;
commits escape, a Level 6 felony.
(c) (d) A person who knowingly or intentionally fails to return to
lawful detention following temporary leave granted for a specified
purpose or limited period commits failure to return to lawful detention,
a Level 6 felony. However, the offense is a Level 5 felony if, while
committing it, the person draws or uses a deadly weapon or inflicts
bodily injury on another person.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 9 as introduced.)
YOUNG M, Chairperson
Committee Vote: Yeas 9, Nays 0.
SB 9—LS 6480/DI 106