*ES0009.1*
February 17, 2022
ENGROSSED
SENATE BILL No. 9
_____
DIGEST OF SB 9 (Updated February 16, 2022 2:58 pm - DI 131)
Citations Affected: IC 11-13; 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, Koch
(HOUSE SPONSORS — TORR, BEHNING, SPEEDY, JETER)
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.
January 25, 2022, engrossed. Read third time, passed. Yeas 46, nays 1.
HOUSE ACTION
January 31, 2022, read first time and referred to Committee on Courts and Criminal Code.
February 17, 2022, amended, reported — Do Pass.
ES 9—LS 6480/DI 106 February 17, 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.
ENGROSSED
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 11-13-1-4 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) Every probation
3 department shall annually compile, and make available to the judicial
4 conference of Indiana upon request, accurate statistical information
5 pertaining to its operation, including:
6 (1) presentence and predisposition reports prepared;
7 (2) investigations and reports regarding cases assigned to that
8 probation department and disposed of prior to trial;
9 (3) cases disposed of by termination of supervision, including
10 revocation of probation;
11 (4) that probation department's operational costs, including
12 salaries of probation officers and administrative personnel; and
13 (5) persons employed.
14 (b) Before January 5 of each year each probation department shall
15 send to the judicial conference the following statistical information
16 concerning home detention for the preceding calendar year:
17 (1) The number of persons supervised by the department or by a
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1 community corrections program who were placed in home
2 detention under IC 35-38-2.5.
3 (2) The number of persons supervised by the department or by a
4 community corrections program who successfully completed a
5 period of home detention ordered under IC 35-38-2.5.
6 (3) The number of persons supervised by the department or by a
7 community corrections program who failed to complete a period
8 of home detention ordered under IC 35-38-2.5, and a description
9 of the subsequent disposition for those persons.
10 (4) For each person under home detention supervised by the
11 department or by a community corrections program, a description
12 of the most serious offense for which the person was convicted
13 with the resulting sentence including a period of home detention
14 ordered as a condition of probation.
15 (5) The amount of home detention user fees collected by the
16 department under IC 35-38-2.5.
17 (6) The amount of home detention user fees deposited into the
18 community corrections home detention fund for the county in
19 which the department is located.
20 (7) The average expense per person placed in home detention
21 supervised by the department with a monitoring device.
22 (8) The average expense per person placed in home detention
23 supervised by the department without a monitoring device.
24 SECTION 2. IC 11-13-1-9, AS AMENDED BY P.L.24-2014,
25 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2022]: Sec. 9. (a) The judicial conference of Indiana shall:
27 (1) keep informed of the work of all probation departments;
28 (2) compile and publish statistical and other information that may
29 be of value to the probation service;
30 (3) inform courts and probation departments of legislation
31 concerning probation and of other developments in probation;
32 (4) submit to the general assembly before January 15 of each year
33 a report in an electronic format under IC 5-14-6 compiling the
34 statistics provided to the judicial conference by probation
35 departments the local justice reinvestment advisory council
36 under section 4(b) of this chapter; IC 35-38-2.7-2(4); and
37 (5) require probation departments to submit a community
38 supervision collaboration plan as described in IC 11-12-2-4.
39 (b) The conference may:
40 (1) visit and inspect any probation department and confer with
41 probation officers and judges administering probation; and
42 (2) require probation departments to submit periodic reports of
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1 their work on forms furnished by the conference.
2 SECTION 3. IC 31-37-2-8 IS ADDED TO THE INDIANA CODE
3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4 1, 2022]: Sec. 8. A child commits a delinquent act if, before
5 becoming eighteen (18) years of age, the child:
6 (1) intentionally flees from lawful detention (as defined in
7 IC 35-31.5-2-186) where the child has been placed;
8 (2) knowingly or intentionally violates a home detention order
9 imposed on the child;
10 (3) intentionally removes, disables, or interferes with the
11 operation of an electronic monitoring device or GPS tracking
12 device that the child is required to wear; or
13 (4) knowingly or intentionally fails to return to lawful
14 detention following temporary leave granted for a specified
15 purpose or limited period;
16 due to an allegation or adjudication that the child committed an act
17 described in this chapter.
18 SECTION 4. IC 34-30-2-149.7 IS ADDED TO THE INDIANA
19 CODE AS A NEW SECTION TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2022]: Sec. 149.7. IC 35-38-2.7 (Concerning
21 electronic monitoring standards).
22 SECTION 5. IC 35-31.5-2-24.7 IS ADDED TO THE INDIANA
23 CODE AS A NEW SECTION TO READ AS FOLLOWS
24 [EFFECTIVE JULY 1, 2022]: Sec. 24.7. "Backup verification
25 method", for purposes of IC 35-38-2.7, has the meaning set forth
26 in IC 35-38-2.7-1.
27 SECTION 6. IC 35-31.5-2-204.7 IS ADDED TO THE INDIANA
28 CODE AS A NEW SECTION TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2022]: Sec. 204.7. "Monitor", for purposes
30 of IC 35-38-2.7, has the meaning set forth in IC 35-38-2.7-1.
31 SECTION 7. IC 35-31.5-2-205, AS ADDED BY P.L.114-2012,
32 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 205. "Monitoring device", for purposes of
34 IC 35-33-8-11, IC 35-38-2.5, and IC 35-38-2.7, has the meaning set
35 forth in IC 35-38-2.5-3.
36 SECTION 8. IC 35-31.5-2-318.5 IS ADDED TO THE INDIANA
37 CODE AS A NEW SECTION TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2022]: Sec. 318.5. "Supervising agency", for
39 purposes of IC 35-38-2.7, has the meaning set forth in
40 IC 35-38-2.7-1.
41 SECTION 9. IC 35-31.5-2-337.3 IS ADDED TO THE INDIANA
42 CODE AS A NEW SECTION TO READ AS FOLLOWS
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1 [EFFECTIVE JULY 1, 2022]: Sec. 337.3. "Tracked individual", for
2 purposes of IC 35-38-2.7, has the meaning set forth in
3 IC 35-38-2.7-1.
4 SECTION 10. IC 35-31.5-2-352.5 IS ADDED TO THE INDIANA
5 CODE AS A NEW SECTION TO READ AS FOLLOWS
6 [EFFECTIVE JULY 1, 2022]: Sec. 352.5. "Vulnerable victim", for
7 purposes of IC 35-38-2.7, has the meaning set forth in
8 IC 35-38-2.7-1.
9 SECTION 11. IC 35-33-8-11, AS AMENDED BY P.L.114-2012,
10 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2022]: Sec. 11. (a) A court may require a person who has been
12 charged with a crime of domestic violence (as described in
13 IC 35-31.5-2-78) to wear a GPS tracking monitoring device as a
14 condition of bail.
15 (b) A court may order a person who is required to wear a GPS
16 tracking monitoring device under subsection (a) to pay any costs
17 associated with the GPS tracking monitoring device.
18 SECTION 12. IC 35-38-2.5-2.3 IS AMENDED TO READ AS
19 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2.3. As used in this
20 chapter, "constant supervision" means monitoring a violent offender
21 twenty-four (24) hours each day by means in accordance with the
22 requirements described in section 12(b) of this chapter. IC 35-38-2.7.
23 SECTION 13. IC 35-38-2.5-3, AS AMENDED BY P.L.170-2014,
24 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 3. (a) As used in this chapter, "monitoring device"
26 means an electronic device that:
27 (1) can record or transmit information twenty-four (24) hours
28 each day regarding an offender's
29 (A) presence or absence from the offender's home; or
30 (B) precise location;
31 (2) is minimally intrusive upon the privacy of the offender or
32 other persons residing in the offender's home;
33 (3) with the written consent of the offender and with the written
34 consent of other persons residing in the home at the time an order
35 for home detention is entered, may record or transmit:
36 (A) a visual image;
37 (B) an electronic communication or any sound; or
38 (C) information regarding the offender's activities while inside
39 the offender's home; and
40 (4) can notify a probation department, a community corrections
41 program, the parole board, a pretrial services agency, or a
42 contract agency if the offender violates the terms of a home
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1 detention order.
2 (b) The term includes any device that can reliably determine the
3 location of an offender and track the locations where the offender has
4 been, including a device that uses a global positioning system satellite
5 service.
6 (c) The term does not include an unmanned aerial vehicle (as
7 defined in IC 35-31.5-2-342.3).
8 SECTION 14. IC 35-38-2.5-10, AS AMENDED BY P.L.31-2005,
9 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2022]: Sec. 10. (a) Each probation department or community
11 corrections program shall establish written criteria and procedures for
12 determining whether an offender or alleged offender that the
13 department or program supervises on home detention qualifies as a
14 violent offender.
15 (b) A probation department or community corrections program shall
16 use the criteria and procedures established under subsection (a) to
17 establish a record keeping system that allows the department or
18 program to quickly determine whether an offender or alleged offender
19 who violates the terms of a home detention order is a violent offender.
20 (c) A probation department or a community corrections program
21 charged by a court with supervision of offenders and alleged offenders
22 ordered to undergo home detention shall provide all law enforcement
23 agencies (including any contract agencies) having jurisdiction in the
24 place where the probation department or a community corrections
25 program is located with a list of offenders and alleged offenders under
26 home detention supervised by the probation department or the
27 community corrections program. The list must include the following
28 information about each offender and alleged offender:
29 (1) The offender's name, any known aliases, and the location of
30 the offender's home detention.
31 (2) The crime for which the offender was convicted.
32 (3) The date the offender's home detention expires.
33 (4) The name, address, and telephone number of the offender's
34 supervising probation or community corrections program officer
35 for home detention.
36 (5) An indication of whether the offender or alleged offender is a
37 violent offender.
38 (d) Except as provided under section 6(1) of this chapter, a
39 probation department or community corrections program charged by a
40 court with supervision of offenders and alleged offenders ordered to
41 undergo home detention shall, at the beginning of a period of home
42 detention, set the monitoring device and surveillance equipment to
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1 minimize the possibility that the offender or alleged offender can enter
2 another residence or structure without a violation.
3 (e) A probation department or community corrections program
4 charged by a court with supervision of offenders and alleged offenders
5 ordered to undergo home detention shall
6 (1) maintain or contract with a contract agency to maintain
7 constant supervision of each offender and alleged offender in
8 accordance with IC 35-38-2.7. and
9 (2) have adequate staff available twenty-four (24) hours each day
10 to respond if an offender or alleged offender violates the
11 conditions of a home detention order.
12 (f) A contract agency that maintains supervision of an offender or
13 alleged offender under subsection (e)(1) shall notify the contracting
14 probation department or community corrections program within one (1)
15 hour if the offender or alleged offender violates the conditions of a
16 home detention order. However:
17 (1) a community corrections advisory board, if the offender is
18 serving home detention as part of a community corrections
19 program; or
20 (2) a probation department, if the offender or alleged offender is
21 serving home detention as a condition of probation or bail;
22 may shorten the time in which the contract agency must give notice of
23 a home detention order violation.
24 (g) (f) A probation department or community corrections program
25 may contract with a contract agency under subsection (e)(1) (e) only if
26 the contract agency can comply with subsection (f). the requirements
27 described in IC 35-38-2.7.
28 SECTION 15. IC 35-38-2.5-12, AS AMENDED BY P.L.31-2005,
29 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2022]: Sec. 12. (a) A probation department or community
31 corrections program charged by a court with supervision of a violent
32 offender placed on home detention under this chapter shall comply
33 with IC 35-38-2.7.
34 (1) cause a local law enforcement agency or contract agency
35 described in section 10 of this chapter to be the initial agency
36 contacted upon determining that the violent offender is in
37 violation of a home detention order;
38 (2) maintain constant supervision of the violent offender using
39 surveillance equipment and a monitoring device that can transmit
40 information twenty-four (24) hours each day regarding an
41 offender's precise location by either:
42 (A) using the supervising entity's equipment and personnel; or
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1 (B) contracting with a contract agency; and
2 (3) have adequate staff available twenty-four (24) hours each day
3 to respond if the violent offender violates the conditions of a
4 home detention order.
5 (b) A contract agency that maintains supervision of a violent
6 offender under subsection (a)(2) shall notify the contracting probation
7 department or community corrections program within one (1) hour if
8 the violent offender violates the conditions of a home detention order.
9 However, a:
10 (1) community corrections advisory board, if the violent offender
11 is serving home detention as part of a community corrections
12 program; or
13 (2) probation department, if the violent offender is serving home
14 detention as a condition of probation or bail;
15 may shorten the time in which the contract agency must give notice of
16 a home detention order violation.
17 (c) (b) A probation department or community corrections program
18 may contract with a contract agency under subsection (a)(2) (a) only if
19 the contract agency can comply with subsection (b). the requirements
20 described in IC 35-38-2.7.
21 SECTION 16. IC 35-38-2.7 IS ADDED TO THE INDIANA CODE
22 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2022]:
24 Chapter 2.7. Electronic Monitoring Standards
25 Sec. 1. The following definitions apply throughout this chapter:
26 (1) "Backup verification method" means a method of
27 determining whether a tracked individual is in an approved
28 location in the event that the tracked individual's monitoring
29 device loses communication with the monitor. The term may
30 include making electronic or telephonic contact with an
31 employer of a tracked individual.
32 (2) "Monitor" means the person responsible for tracking an
33 individual's location by means of a monitoring device. The
34 term includes:
35 (A) a supervising agency, if employees of a supervising
36 agency conduct the tracking; or
37 (B) a third party contractor, if the supervising agency has
38 contracted with a third party to conduct the tracking.
39 (3) "Monitoring device" has the meaning set forth in
40 IC 35-38-2.5-3.
41 (4) "Supervising agency" means:
42 (A) a court, in the case of an individual who is required to
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1 wear a monitoring device as a condition of probation or
2 pretrial release;
3 (B) a community corrections program, in the case of an
4 individual who is required to wear a monitoring device as
5 a condition of community corrections; or
6 (C) the parole board, in the case of an individual who is
7 required to wear a monitoring device as a condition of
8 parole.
9 (5) "Tracked individual" means an individual required to
10 wear a monitoring device.
11 (6) "Vulnerable victim" means the victim of a crime
12 committed or alleged to have been committed by a tracked
13 individual:
14 (A) under circumstances suggesting that the tracked
15 individual may disturb, harass, or harm the victim, as
16 determined by a court or the supervising agency;
17 (B) if the tracked individual is the subject of a protection
18 order, restraining order, or no contact order with respect
19 to the victim; or
20 (C) that is a crime of domestic or sexual violence (as
21 defined in IC 16-18-2-88.5).
22 Sec. 2. A monitor must do the following:
23 (1) Provide notification to the supervising agency as soon as
24 possible, but not later than fifteen (15) minutes, after:
25 (A) the monitoring device of a tracked individual suffers an
26 unexplained or undocumented loss of communication with
27 the monitor, and the monitor is unable to verify the
28 tracked individual's presence at an approved location by
29 using a backup verification method, if applicable;
30 (B) a tracked individual enters a prohibited exclusion zone;
31 or
32 (C) a tracked individual removes, disables, or otherwise
33 interferes with a monitoring device.
34 In addition, if the tracked individual has committed or is
35 alleged to have committed a crime against a vulnerable
36 victim, the monitor shall notify the vulnerable victim and
37 request local law enforcement to conduct a welfare check on
38 the vulnerable victim in accordance with the protocol
39 developed by the supervising agency under section 3 of this
40 chapter.
41 (2) Employ at least one (1) employee per:
42 (A) thirty (30) tracked individuals placed on electronic
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1 monitoring due to being charged with or convicted of:
2 (i) a crime of violence (as defined in IC 35-50-1-2(a)); or
3 (ii) a crime of domestic or sexual violence (as defined in
4 IC 16-18-2-88.5); or
5 (B) seventy-five (75) tracked individuals placed on
6 electronic monitoring who are not charged with or
7 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).
11 (3) Verify in person the location of each tracked individual
12 placed on electronic monitoring due to being charged with or
13 convicted of:
14 (A) a crime of violence (as defined in IC 35-50-1-2(a)); or
15 (B) a crime of domestic or sexual violence (as defined in
16 IC 16-18-2-88.5);
17 by making one (1) scheduled in person contact and one (1)
18 unannounced in person contact with the individual in every
19 thirty (30) day period.
20 (4) Beginning January 1, 2023, transmit a quarterly report to
21 the local justice reinvestment advisory council (established by
22 IC 33-38-9.5-4) that includes information concerning:
23 (A) the total number of persons under supervision,
24 whether they are under pretrial or postdisposition
25 supervision, and the charges they are facing or have been
26 convicted of;
27 (B) the number of persons under supervision assigned to
28 each employee;
29 (C) the total costs and fees levied and collected;
30 (D) the number of persons under supervision whose
31 supervision has been terminated and the reason for
32 termination; and
33 (E) the number of false location alerts or device
34 malfunctions in the case of each person under supervision.
35 The report must be submitted not later than fifteen (15)
36 calendar days after the close of each quarter. The local justice
37 reinvestment advisory council shall transmit each report
38 electronically to the legislative council, to the judicial
39 conference of Indiana, and to the statewide justice
40 reinvestment advisory council (established by IC 33-38-9.5-2),
41 which shall publish the reports quarterly. The report to the
42 legislative council must be in an electronic format under
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1 IC 5-14-6.
2 Sec. 3. A supervising agency must do the following:
3 (1) Establish conditions relating to approved and unapproved
4 locations for each tracked individual under the supervising
5 agency's supervision.
6 (2) Communicate the conditions described in subdivision (1)
7 to the monitor.
8 (3) Develop and establish a protocol for the monitor to use in
9 contacting the supervising agency, vulnerable victim, and
10 local law enforcement with respect to a violation by a tracked
11 individual.
12 (4) Develop and publish a policy prohibiting certain
13 relationships between a tracked individual and a monitor and
14 employees of a monitor, including:
15 (A) personal associations and relationships; and
16 (B) business relationships.
17 (5) Develop or approve detailed contingency plans for the
18 monitor's operation in case of natural disaster, power outage,
19 loss of telephone service, fire, flood, equipment malfunction,
20 death, incapacitation, or personal emergency of a monitor,
21 and, in the case of a third party contractor, the financial
22 insolvency of the monitor.
23 (6) Specify a backup verification method for a tracked
24 individual if there is reason to believe that the tracked
25 individual's monitoring device may lose communication with
26 the monitor at an approved location. However, a supervising
27 agency has the discretion to establish a backup verification
28 method for any tracked individual regardless of whether the
29 supervising agency has reason to believe that the monitoring
30 device may lose communication at an approved location.
31 Sec. 4. A monitor that is a third party contractor:
32 (1) may not employ or be owned by any person convicted of a
33 felony within the previous seven (7) years; and
34 (2) may not employ an individual who was a tracked
35 individual within the previous one (1) year.
36 Sec. 5. (a) The supervising agency shall:
37 (1) inform a vulnerable victim of where the tracked individual
38 is not permitted to be;
39 (2) if the vulnerable victim wishes to be informed if the
40 tracked individual commits a violation as described in section
41 2(1)(A) through 2(1)(C) of this chapter, obtain the best
42 manner of contacting the vulnerable victim from the
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1 vulnerable victim and provide this information to the
2 monitor; and
3 (3) advise the vulnerable victim that events such as power
4 outages, Internet outages, and natural disasters may interfere
5 with the ability of the monitor to notify the vulnerable victim
6 in a timely manner.
7 (b) Upon notice from a monitor of a possible violation by a
8 tracked individual as described in section 2(1)(A) through 2(1)(C)
9 of this chapter, the supervising agency shall, as soon as practicable,
10 seek a warrant for the arrest of the tracked individual.
11 Sec. 6. (a) This subsection applies to a tracked individual who is
12 charged with or convicted of a crime of violence (as defined in
13 IC 35-50-1-2(a)) or a crime of domestic or sexual violence (as
14 defined in IC 16-18-2-88.5). As soon as possible, but not later than:
15 (1) fifteen (15) minutes after a warrant has been issued for a
16 tracked individual to whom this subsection applies, a local law
17 enforcement agency shall transmit details of the warrant to all
18 active units; and
19 (2) sixty (60) minutes after a warrant has been issued for a
20 tracked individual to whom this subsection applies, a local law
21 enforcement agency shall dispatch a law enforcement officer
22 to apprehend the tracked individual.
23 (b) This subsection applies to a tracked individual who is not
24 charged with or convicted of a crime of violence (as defined in
25 IC 35-50-1-2(a)) or a crime of domestic or sexual violence (as
26 defined in IC 16-18-2-88.5). As soon as possible, but not later than:
27 (1) sixty (60) minutes after a warrant has been issued for a
28 tracked individual to whom this subsection applies, a local law
29 enforcement agency shall transmit details of the warrant to all
30 active units; and
31 (2) forty-eight (48) hours after a warrant has been issued for
32 a tracked individual to whom this subsection applies, a local
33 law enforcement agency shall dispatch a law enforcement
34 officer to apprehend the tracked individual.
35 (c) The local law enforcement agency shall keep a record of each
36 dispatch made under this section.
37 Sec. 7. (a) This subsection applies to contracts entered into and
38 renewed after June 30, 2022. In addition to any penalties described
39 in the contract, a supervising agency may cancel the contract of a
40 third party contractor that fails to comply with the requirements
41 of this chapter.
42 (b) If:
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1 (1) the supervising agency is a court; and
2 (2) the supervising agency has:
3 (A) canceled a contract under this section; or
4 (B) determined that it will not renew its contract with the
5 third party contractor due to the contractor's
6 performance;
7 the supervising agency shall inform the office of judicial
8 administration of its act or determination, along with a description
9 of its reasons. The office of judicial administration shall inform
10 every court that may act as a supervising agency of the identity of
11 the third party contractor, of the act or determination made by the
12 supervising agency, and of the reasons for the act or determination
13 by the supervising agency.
14 Sec. 8. (a) Except as described in subsection (b), the following
15 are immune from civil liability for an act or omission that occurs
16 in connection with the implementation of this chapter:
17 (1) A monitor.
18 (2) A supervising agency.
19 (3) A law enforcement agency.
20 (4) An employee of a person described in subdivisions (1)
21 through (3).
22 (b) The immunity described in subsection (a) does not apply if
23 the person committed gross negligence or willful or wanton
24 misconduct.
25 SECTION 17. IC 35-44.1-3-4, AS AMENDED BY P.L.158-2013,
26 SECTION 511, IS AMENDED TO READ AS FOLLOWS
27 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) This section does not apply
28 to a child who:
29 (1) flees from lawful detention (as defined in IC 35-31.5-2-186)
30 where the child has been placed;
31 (2) violates a home detention order imposed on the child;
32 (3) removes, disables, or interferes with the operation of an
33 electronic monitoring device or GPS tracking device that the
34 child is required to wear; or
35 (4) fails to return to lawful detention following temporary
36 leave granted for a specified purpose or limited period;
37 due to an allegation or adjudication that the child committed an act
38 described in IC 31-37-2-3 through IC 31-37-2-7 (status offenses),
39 unless the child, while committing the offense, draws or uses a
40 deadly weapon or inflicts bodily injury on another person.
41 (b) A person, except as provided in subsection (b), (c), who
42 intentionally flees from lawful detention commits escape, a Level 5
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1 felony. However, the offense is a Level 4 felony if, while committing
2 it, the person draws or uses a deadly weapon or inflicts bodily injury on
3 another person.
4 (b) (c) A person who:
5 (1) knowingly or intentionally violates a home detention order,
6 except for a provision of a home detention order relating to:
7 (A) the possession or consumption of alcohol or a
8 controlled substance in the person's home;
9 (B) tardiness to or missed appointments with supervising
10 staff; or
11 (C) the failure to pay user fees; or
12 (2) intentionally removes, disables, or interferes with the
13 operation of an electronic monitoring device or GPS tracking
14 device;
15 commits escape, a Level 6 felony.
16 (c) (d) A person who knowingly or intentionally fails to return to
17 lawful detention following temporary leave granted for a specified
18 purpose or limited period commits failure to return to lawful detention,
19 a Level 6 felony. However, the offense is a Level 5 felony if, while
20 committing it, the person draws or uses a deadly weapon or inflicts
21 bodily injury on another person.
ES 9—LS 6480/DI 106 14
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
ES 9—LS 6480/DI 106 15
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:
ES 9—LS 6480/DI 106 16
(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
ES 9—LS 6480/DI 106 17
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
ES 9—LS 6480/DI 106 18
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:
ES 9—LS 6480/DI 106 19
(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)".
ES 9—LS 6480/DI 106 20
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.
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Courts and Criminal Code, to
ES 9—LS 6480/DI 106 21
which was referred Senate Bill 9, has had the same under consideration
and begs leave to report the same back to the House 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 11-13-1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) Every probation
department shall annually compile, and make available to the judicial
conference of Indiana upon request, accurate statistical information
pertaining to its operation, including:
(1) presentence and predisposition reports prepared;
(2) investigations and reports regarding cases assigned to that
probation department and disposed of prior to trial;
(3) cases disposed of by termination of supervision, including
revocation of probation;
(4) that probation department's operational costs, including
salaries of probation officers and administrative personnel; and
(5) persons employed.
(b) Before January 5 of each year each probation department shall
send to the judicial conference the following statistical information
concerning home detention for the preceding calendar year:
(1) The number of persons supervised by the department or by a
community corrections program who were placed in home
detention under IC 35-38-2.5.
(2) The number of persons supervised by the department or by a
community corrections program who successfully completed a
period of home detention ordered under IC 35-38-2.5.
(3) The number of persons supervised by the department or by a
community corrections program who failed to complete a period
of home detention ordered under IC 35-38-2.5, and a description
of the subsequent disposition for those persons.
(4) For each person under home detention supervised by the
department or by a community corrections program, a description
of the most serious offense for which the person was convicted
with the resulting sentence including a period of home detention
ordered as a condition of probation.
(5) The amount of home detention user fees collected by the
department under IC 35-38-2.5.
(6) The amount of home detention user fees deposited into the
community corrections home detention fund for the county in
which the department is located.
(7) The average expense per person placed in home detention
ES 9—LS 6480/DI 106 22
supervised by the department with a monitoring device.
(8) The average expense per person placed in home detention
supervised by the department without a monitoring device.
SECTION 2. IC 11-13-1-9, AS AMENDED BY P.L.24-2014,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 9. (a) The judicial conference of Indiana shall:
(1) keep informed of the work of all probation departments;
(2) compile and publish statistical and other information that may
be of value to the probation service;
(3) inform courts and probation departments of legislation
concerning probation and of other developments in probation;
(4) submit to the general assembly before January 15 of each year
a report in an electronic format under IC 5-14-6 compiling the
statistics provided to the judicial conference by probation
departments the local justice reinvestment advisory council
under section 4(b) of this chapter; IC 35-38-2.7-2(4); and
(5) require probation departments to submit a community
supervision collaboration plan as described in IC 11-12-2-4.
(b) The conference may:
(1) visit and inspect any probation department and confer with
probation officers and judges administering probation; and
(2) require probation departments to submit periodic reports of
their work on forms furnished by the conference.".
Page 2, between lines 41 and 42, begin a new paragraph and insert:
"SECTION 10. IC 35-38-2.5-2.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2.3. As used in this
chapter, "constant supervision" means monitoring a violent offender
twenty-four (24) hours each day by means in accordance with the
requirements described in section 12(b) of this chapter.
IC 35-38-2.7.".
Page 3, between lines 26 and 27, begin a new paragraph and insert:
"SECTION 14. IC 35-38-2.5-10, AS AMENDED BY P.L.31-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 10. (a) Each probation department or community
corrections program shall establish written criteria and procedures for
determining whether an offender or alleged offender that the
department or program supervises on home detention qualifies as a
violent offender.
(b) A probation department or community corrections program shall
use the criteria and procedures established under subsection (a) to
establish a record keeping system that allows the department or
program to quickly determine whether an offender or alleged offender
ES 9—LS 6480/DI 106 23
who violates the terms of a home detention order is a violent offender.
(c) A probation department or a community corrections program
charged by a court with supervision of offenders and alleged offenders
ordered to undergo home detention shall provide all law enforcement
agencies (including any contract agencies) having jurisdiction in the
place where the probation department or a community corrections
program is located with a list of offenders and alleged offenders under
home detention supervised by the probation department or the
community corrections program. The list must include the following
information about each offender and alleged offender:
(1) The offender's name, any known aliases, and the location of
the offender's home detention.
(2) The crime for which the offender was convicted.
(3) The date the offender's home detention expires.
(4) The name, address, and telephone number of the offender's
supervising probation or community corrections program officer
for home detention.
(5) An indication of whether the offender or alleged offender is a
violent offender.
(d) Except as provided under section 6(1) of this chapter, a
probation department or community corrections program charged by a
court with supervision of offenders and alleged offenders ordered to
undergo home detention shall, at the beginning of a period of home
detention, set the monitoring device and surveillance equipment to
minimize the possibility that the offender or alleged offender can enter
another residence or structure without a violation.
(e) A probation department or community corrections program
charged by a court with supervision of offenders and alleged offenders
ordered to undergo home detention shall
(1) maintain or contract with a contract agency to maintain
constant supervision of each offender and alleged offender in
accordance with IC 35-38-2.7. and
(2) have adequate staff available twenty-four (24) hours each day
to respond if an offender or alleged offender violates the
conditions of a home detention order.
(f) A contract agency that maintains supervision of an offender or
alleged offender under subsection (e)(1) shall notify the contracting
probation department or community corrections program within one (1)
hour if the offender or alleged offender violates the conditions of a
home detention order. However:
(1) a community corrections advisory board, if the offender is
serving home detention as part of a community corrections
ES 9—LS 6480/DI 106 24
program; or
(2) a probation department, if the offender or alleged offender is
serving home detention as a condition of probation or bail;
may shorten the time in which the contract agency must give notice of
a home detention order violation.
(g) (f) A probation department or community corrections program
may contract with a contract agency under subsection (e)(1) (e) only if
the contract agency can comply with subsection (f). the requirements
described in IC 35-38-2.7.
SECTION 15. IC 35-38-2.5-12, AS AMENDED BY P.L.31-2005,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 12. (a) A probation department or community
corrections program charged by a court with supervision of a violent
offender placed on home detention under this chapter shall comply
with IC 35-38-2.7.
(1) cause a local law enforcement agency or contract agency
described in section 10 of this chapter to be the initial agency
contacted upon determining that the violent offender is in
violation of a home detention order;
(2) maintain constant supervision of the violent offender using
surveillance equipment and a monitoring device that can transmit
information twenty-four (24) hours each day regarding an
offender's precise location by either:
(A) using the supervising entity's equipment and personnel; or
(B) contracting with a contract agency; and
(3) have adequate staff available twenty-four (24) hours each day
to respond if the violent offender violates the conditions of a
home detention order.
(b) A contract agency that maintains supervision of a violent
offender under subsection (a)(2) shall notify the contracting probation
department or community corrections program within one (1) hour if
the violent offender violates the conditions of a home detention order.
However, a:
(1) community corrections advisory board, if the violent offender
is serving home detention as part of a community corrections
program; or
(2) probation department, if the violent offender is serving home
detention as a condition of probation or bail;
may shorten the time in which the contract agency must give notice of
a home detention order violation.
(c) (b) A probation department or community corrections program
may contract with a contract agency under subsection (a)(2) (a) only if
ES 9—LS 6480/DI 106 25
the contract agency can comply with subsection (b). the requirements
described in IC 35-38-2.7.".
Page 5, line 26, delete "Transmit" and insert "Beginning January
1, 2023, transmit".
Page 5, line 30, delete "post-disposition" and insert
"postdisposition".
Page 6, line 2, delete "council" and insert "council, to the judicial
conference of Indiana,".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 9 as reprinted January 25, 2022.)
MCNAMARA
Committee Vote: yeas 9, nays 0.
ES 9—LS 6480/DI 106