*SB0009.2*
Reprinted
January 25, 2022
SENATE BILL No. 9
_____
DIGEST OF SB 9 (Updated January 24, 2022 3:44 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: (1) the defendant disables
or interferes with the operation of an electronic monitoring device; or
(2) the defendant violates certain conditions of home detention (under
current law, any violation of a condition of home detention constitutes
escape). 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.
January 24, 2022, read second time, amended, ordered engrossed.
SB 9—LS 6480/DI 106 Reprinted
January 25, 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 35-31.5-2-24.7 IS ADDED TO THE INDIANA
5 CODE AS A NEW SECTION TO READ AS FOLLOWS
6 [EFFECTIVE JULY 1, 2022]: Sec. 24.7. "Backup verification
7 method", for purposes of IC 35-38-2.7, has the meaning set forth
8 in IC 35-38-2.7-1.
9 SECTION 4. IC 35-31.5-2-204.7 IS ADDED TO THE INDIANA
10 CODE AS A NEW SECTION TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2022]: Sec. 204.7. "Monitor", for purposes
12 of IC 35-38-2.7, has the meaning set forth in IC 35-38-2.7-1.
13 SECTION 5. IC 35-31.5-2-205, AS ADDED BY P.L.114-2012,
14 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2022]: Sec. 205. "Monitoring device", for purposes of
16 IC 35-33-8-11, IC 35-38-2.5, and IC 35-38-2.7, has the meaning set
17 forth in IC 35-38-2.5-3.
18 SECTION 6. IC 35-31.5-2-318.5 IS ADDED TO THE INDIANA
19 CODE AS A NEW SECTION TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2022]: Sec. 318.5. "Supervising agency", 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 35-31.5-2-337.3 IS ADDED TO THE INDIANA
24 CODE AS A NEW SECTION TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2022]: Sec. 337.3. "Tracked individual", 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 35-31.5-2-352.5 IS ADDED TO THE INDIANA
29 CODE AS A NEW SECTION TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2022]: Sec. 352.5. "Vulnerable victim", for
31 purposes of IC 35-38-2.7, has the meaning set forth in
32 IC 35-38-2.7-1.
33 SECTION 9. IC 35-33-8-11, AS AMENDED BY P.L.114-2012,
34 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2022]: Sec. 11. (a) A court may require a person who has been
36 charged with a crime of domestic violence (as described in
37 IC 35-31.5-2-78) to wear a GPS tracking monitoring device as a
38 condition of bail.
39 (b) A court may order a person who is required to wear a GPS
40 tracking monitoring device under subsection (a) to pay any costs
41 associated with the GPS tracking monitoring device.
42 SECTION 10. IC 35-38-2.5-3, AS AMENDED BY P.L.170-2014,
SB 9—LS 6480/DI 106 3
1 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2022]: Sec. 3. (a) As used in this chapter, "monitoring device"
3 means an electronic device that:
4 (1) can record or transmit information twenty-four (24) hours
5 each day regarding an offender's
6 (A) presence or absence from the offender's home; or
7 (B) precise location;
8 (2) is minimally intrusive upon the privacy of the offender or
9 other persons residing in the offender's home;
10 (3) with the written consent of the offender and with the written
11 consent of other persons residing in the home at the time an order
12 for home detention is entered, may record or transmit:
13 (A) a visual image;
14 (B) an electronic communication or any sound; or
15 (C) information regarding the offender's activities while inside
16 the offender's home; and
17 (4) can notify a probation department, a community corrections
18 program, the parole board, a pretrial services agency, or a
19 contract agency if the offender violates the terms of a home
20 detention order.
21 (b) The term includes any device that can reliably determine the
22 location of an offender and track the locations where the offender has
23 been, including a device that uses a global positioning system satellite
24 service.
25 (c) The term does not include an unmanned aerial vehicle (as
26 defined in IC 35-31.5-2-342.3).
27 SECTION 11. IC 35-38-2.7 IS ADDED TO THE INDIANA CODE
28 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2022]:
30 Chapter 2.7. Electronic Monitoring Standards
31 Sec. 1. The following definitions apply throughout this chapter:
32 (1) "Backup verification method" means a method of
33 determining whether a tracked individual is in an approved
34 location in the event that the tracked individual's monitoring
35 device loses communication with the monitor. The term may
36 include making electronic or telephonic contact with an
37 employer of a tracked individual.
38 (2) "Monitor" means the person responsible for tracking an
39 individual's location by means of a monitoring device. The
40 term includes:
41 (A) a supervising agency, if employees of a supervising
42 agency conduct the tracking; or
SB 9—LS 6480/DI 106 4
1 (B) a third party contractor, if the supervising agency has
2 contracted with a third party to conduct the tracking.
3 (3) "Monitoring device" has the meaning set forth in
4 IC 35-38-2.5-3.
5 (4) "Supervising agency" means:
6 (A) a court, in the case of an individual who is required to
7 wear a monitoring device as a condition of probation or
8 pretrial release;
9 (B) a community corrections program, in the case of an
10 individual who is required to wear a monitoring device as
11 a condition of community corrections; or
12 (C) the parole board, in the case of an individual who is
13 required to wear a monitoring device as a condition of
14 parole.
15 (5) "Tracked individual" means an individual required to
16 wear a monitoring device.
17 (6) "Vulnerable victim" means the victim of a crime
18 committed or alleged to have been committed by a tracked
19 individual:
20 (A) under circumstances suggesting that the tracked
21 individual may disturb, harass, or harm the victim, as
22 determined by a court or the supervising agency;
23 (B) if the tracked individual is the subject of a protection
24 order, restraining order, or no contact order with respect
25 to the victim; or
26 (C) that is a crime of domestic or sexual violence (as
27 defined in IC 16-18-2-88.5).
28 Sec. 2. A monitor must do the following:
29 (1) Provide notification to the supervising agency as soon as
30 possible, but not later than fifteen (15) minutes, after:
31 (A) the monitoring device of a tracked individual suffers an
32 unexplained or undocumented loss of communication with
33 the monitor, and the monitor is unable to verify the
34 tracked individual's presence at an approved location by
35 using a backup verification method, if applicable;
36 (B) a tracked individual enters a prohibited exclusion zone;
37 or
38 (C) a tracked individual removes, disables, or otherwise
39 interferes with a monitoring device.
40 In addition, if the tracked individual has committed or is
41 alleged to have committed a crime against a vulnerable
42 victim, the monitor shall notify the vulnerable victim and
SB 9—LS 6480/DI 106 5
1 request local law enforcement to conduct a welfare check on
2 the vulnerable victim in accordance with the protocol
3 developed by the supervising agency under section 3 of this
4 chapter.
5 (2) Employ at least one (1) employee per:
6 (A) thirty (30) tracked individuals placed on electronic
7 monitoring due to being charged with or convicted of:
8 (i) a crime of violence (as defined in IC 35-50-1-2(a)); or
9 (ii) a crime of domestic or sexual violence (as defined in
10 IC 16-18-2-88.5); or
11 (B) seventy-five (75) tracked individuals placed on
12 electronic monitoring who are not charged with or
13 convicted of:
14 (i) a crime of violence (as defined in IC 35-50-1-2(a)); or
15 (ii) a crime of domestic or sexual violence (as defined in
16 IC 16-18-2-88.5).
17 (3) Verify in person the location of each tracked individual
18 placed on electronic monitoring due to being charged with or
19 convicted of:
20 (A) a crime of violence (as defined in IC 35-50-1-2(a)); or
21 (B) a crime of domestic or sexual violence (as defined in
22 IC 16-18-2-88.5);
23 by making one (1) scheduled in person contact and one (1)
24 unannounced in person contact with the individual in every
25 thirty (30) day period.
26 (4) Transmit a quarterly report to the local justice
27 reinvestment advisory council (established by IC 33-38-9.5-4)
28 that includes information concerning:
29 (A) the total number of persons under supervision,
30 whether they are under pretrial or post-disposition
31 supervision, and the charges they are facing or have been
32 convicted of;
33 (B) the number of persons under supervision assigned to
34 each employee;
35 (C) the total costs and fees levied and collected;
36 (D) the number of persons under supervision whose
37 supervision has been terminated and the reason for
38 termination; and
39 (E) the number of false location alerts or device
40 malfunctions in the case of each person under supervision.
41 The report must be submitted not later than fifteen (15)
42 calendar days after the close of each quarter. The local justice
SB 9—LS 6480/DI 106 6
1 reinvestment advisory council shall transmit each report
2 electronically to the legislative council and to the statewide
3 justice reinvestment advisory council (established by
4 IC 33-38-9.5-2), which shall publish the reports quarterly. The
5 report to the legislative council must be in an electronic
6 format under IC 5-14-6.
7 Sec. 3. A supervising agency must do the following:
8 (1) Establish conditions relating to approved and unapproved
9 locations for each tracked individual under the supervising
10 agency's supervision.
11 (2) Communicate the conditions described in subdivision (1)
12 to the monitor.
13 (3) Develop and establish a protocol for the monitor to use in
14 contacting the supervising agency, vulnerable victim, and
15 local law enforcement with respect to a violation by a tracked
16 individual.
17 (4) Develop and publish a policy prohibiting certain
18 relationships between a tracked individual and a monitor and
19 employees of a monitor, including:
20 (A) personal associations and relationships; and
21 (B) business relationships.
22 (5) Develop or approve detailed contingency plans for the
23 monitor's operation in case of natural disaster, power outage,
24 loss of telephone service, fire, flood, equipment malfunction,
25 death, incapacitation, or personal emergency of a monitor,
26 and, in the case of a third party contractor, the financial
27 insolvency of the monitor.
28 (6) Specify a backup verification method for a tracked
29 individual if there is reason to believe that the tracked
30 individual's monitoring device may lose communication with
31 the monitor at an approved location. However, a supervising
32 agency has the discretion to establish a backup verification
33 method for any tracked individual regardless of whether the
34 supervising agency has reason to believe that the monitoring
35 device may lose communication at an approved location.
36 Sec. 4. A monitor that is a third party contractor:
37 (1) may not employ or be owned by any person convicted of a
38 felony within the previous seven (7) years; and
39 (2) may not employ an individual who was a tracked
40 individual within the previous one (1) year.
41 Sec. 5. (a) The supervising agency shall:
42 (1) inform a vulnerable victim of where the tracked individual
SB 9—LS 6480/DI 106 7
1 is not permitted to be;
2 (2) if the vulnerable victim wishes to be informed if the
3 tracked individual commits a violation as described in section
4 2(1)(A) through 2(1)(C) of this chapter, obtain the best
5 manner of contacting the vulnerable victim from the
6 vulnerable victim and provide this information to the
7 monitor; and
8 (3) advise the vulnerable victim that events such as power
9 outages, Internet outages, and natural disasters may interfere
10 with the ability of the monitor to notify the vulnerable victim
11 in a timely manner.
12 (b) Upon notice from a monitor of a possible violation by a
13 tracked individual as described in section 2(1)(A) through 2(1)(C)
14 of this chapter, the supervising agency shall, as soon as practicable,
15 seek a warrant for the arrest of the tracked individual.
16 Sec. 6. (a) This subsection applies to a tracked individual who is
17 charged with or convicted of a crime of violence (as defined in
18 IC 35-50-1-2(a)) or a crime of domestic or sexual violence (as
19 defined in IC 16-18-2-88.5). As soon as possible, but not later than:
20 (1) fifteen (15) minutes after a warrant has been issued for a
21 tracked individual to whom this subsection applies, a local law
22 enforcement agency shall transmit details of the warrant to all
23 active units; and
24 (2) sixty (60) minutes after a warrant has been issued for a
25 tracked individual to whom this subsection applies, a local law
26 enforcement agency shall dispatch a law enforcement officer
27 to apprehend the tracked individual.
28 (b) This subsection applies to a tracked individual who is not
29 charged with or convicted of a crime of violence (as defined in
30 IC 35-50-1-2(a)) or a crime of domestic or sexual violence (as
31 defined in IC 16-18-2-88.5). As soon as possible, but not later than:
32 (1) sixty (60) minutes after a warrant has been issued for a
33 tracked individual to whom this subsection applies, a local law
34 enforcement agency shall transmit details of the warrant to all
35 active units; and
36 (2) forty-eight (48) hours after a warrant has been issued for
37 a tracked individual to whom this subsection applies, a local
38 law enforcement agency shall dispatch a law enforcement
39 officer to apprehend the tracked individual.
40 (c) The local law enforcement agency shall keep a record of each
41 dispatch made under this section.
42 Sec. 7. (a) This subsection applies to contracts entered into and
SB 9—LS 6480/DI 106 8
1 renewed after June 30, 2022. In addition to any penalties described
2 in the contract, a supervising agency may cancel the contract of a
3 third party contractor that fails to comply with the requirements
4 of this chapter.
5 (b) If:
6 (1) the supervising agency is a court; and
7 (2) the supervising agency has:
8 (A) canceled a contract under this section; or
9 (B) determined that it will not renew its contract with the
10 third party contractor due to the contractor's
11 performance;
12 the supervising agency shall inform the office of judicial
13 administration of its act or determination, along with a description
14 of its reasons. The office of judicial administration shall inform
15 every court that may act as a supervising agency of the identity of
16 the third party contractor, of the act or determination made by the
17 supervising agency, and of the reasons for the act or determination
18 by the supervising agency.
19 Sec. 8. (a) Except as described in subsection (b), the following
20 are immune from civil liability for an act or omission that occurs
21 in connection with the implementation of this chapter:
22 (1) A monitor.
23 (2) A supervising agency.
24 (3) A law enforcement agency.
25 (4) An employee of a person described in subdivisions (1)
26 through (3).
27 (b) The immunity described in subsection (a) does not apply if
28 the person committed gross negligence or willful or wanton
29 misconduct.
30 SECTION 12. IC 35-44.1-3-4, AS AMENDED BY P.L.158-2013,
31 SECTION 511, IS AMENDED TO READ AS FOLLOWS
32 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) This section does not apply
33 to a child who:
34 (1) flees from lawful detention (as defined in IC 35-31.5-2-186)
35 where the child has been placed;
36 (2) violates a home detention order imposed on the child;
37 (3) removes, disables, or interferes with the operation of an
38 electronic monitoring device or GPS tracking device that the
39 child is required to wear; or
40 (4) fails to return to lawful detention following temporary
41 leave granted for a specified purpose or limited period;
42 due to an allegation or adjudication that the child committed an act
SB 9—LS 6480/DI 106 9
1 described in IC 31-37-2-3 through IC 31-37-2-7 (status offenses),
2 unless the child, while committing the offense, draws or uses a
3 deadly weapon or inflicts bodily injury on another person.
4 (b) A person, except as provided in subsection (b), (c), who
5 intentionally flees from lawful detention commits escape, a Level 5
6 felony. However, the offense is a Level 4 felony if, while committing
7 it, the person draws or uses a deadly weapon or inflicts bodily injury on
8 another person.
9 (b) (c) A person who:
10 (1) knowingly or intentionally violates a home detention order,
11 except for a provision of a home detention order relating to:
12 (A) the possession or consumption of alcohol or a
13 controlled substance in the person's home;
14 (B) tardiness to or missed appointments with supervising
15 staff; or
16 (C) the failure to pay user fees; or
17 (2) intentionally removes, disables, or interferes with the
18 operation of an electronic monitoring device or GPS tracking
19 device;
20 commits escape, a Level 6 felony.
21 (c) (d) A person who knowingly or intentionally fails to return to
22 lawful detention following temporary leave granted for a specified
23 purpose or limited period commits failure to return to lawful detention,
24 a Level 6 felony. However, the offense is a Level 5 felony if, while
25 committing it, the person draws or uses a deadly weapon or inflicts
26 bodily injury on another person.
SB 9—LS 6480/DI 106 10
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 11
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 12
(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 13
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 14
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 15
(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.
_____
SENATE MOTION
Madam President: I move that Senate Bill 9 be amended to read as
follows:
Page 2, between lines 3 and 4, begin a new paragraph and insert:
"SECTION 3. IC 35-31.5-2-24.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 24.7. "Backup verification
method", for purposes of IC 35-38-2.7, has the meaning set forth
in IC 35-38-2.7-1.".
Page 3, between lines 26 and 27, begin a new line block indented
and insert:
"(1) "Backup verification method" means a method of
determining whether a tracked individual is in an approved
location in the event that the tracked individual's monitoring
device loses communication with the monitor. The term may
include making electronic or telephonic contact with an
employer of a tracked individual.".
Page 3, line 27, delete "(1)" and insert "(2)".
Page 3, line 34, delete "(2)" and insert "(3)".
SB 9—LS 6480/DI 106 16
Page 3, line 36, delete "(3)" and insert "(4)".
Page 4, line 4, delete "(4)" and insert "(5)".
Page 4, line 6, delete "(5)" and insert "(6)".
Page 4, line 22, delete "monitor;" and insert "monitor, and the
monitor is unable to verify the tracked individual's presence at an
approved location by using a backup verification method, if
applicable;".
Page 6, between lines 14 and 15, begin a new line block indented
and insert:
"(6) Specify a backup verification method for a tracked
individual if there is reason to believe that the tracked
individual's monitoring device may lose communication with
the monitor at an approved location. However, a supervising
agency has the discretion to establish a backup verification
method for any tracked individual regardless of whether the
supervising agency has reason to believe that the monitoring
device may lose communication at an approved location.".
(Reference is to SB 9 as printed January 21, 2022.)
WALKER K
_____
SENATE MOTION
Madam President: I move that Senate Bill 9 be amended to read as
follows:
Page 8, line 31, delete "order;" and insert "order, except for a
provision of a home detention order relating to:
(A) the possession or consumption of alcohol or a
controlled substance in the person's home;
(B) tardiness to or missed appointments with supervising
staff; or
(C) the failure to pay user fees;".
(Reference is to SB 9 as printed January 21, 2022.)
POL JR.
SB 9—LS 6480/DI 106