*ES0009.2*
Reprinted
February 24, 2022
ENGROSSED
SENATE BILL No. 9
_____
DIGEST OF SB 9 (Updated February 23, 2022 3:05 pm - DI 131)
Citations Affected: IC 11-13; IC 31-37; IC 33-38; IC 34-30;
IC 35-31.5; IC 35-33; IC 35-38; IC 35-44.1.
Synopsis: Electronic monitoring standards. Requires the justice
reinvestment advisory council to conduct a review of statutes
concerning electronic monitoring and home detention and provide a
recommendation with regard to electronic monitoring standards to the
legislative council in an electronic format not later than December 1,
2022. Establishes standards, including notification time frames, for
persons and entities responsible for monitoring individuals required to
(Continued next page)
Effective: Upon passage; 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.
February 23, 2022, read second time, amended, ordered engrossed.
ES 9—LS 6480/DI 106 Digest Continued
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.
ES 9—LS 6480/DI 106ES 9—LS 6480/DI 106 Reprinted
February 24, 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(3); 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 33-38-9.5-7 IS ADDED TO THE INDIANA CODE
19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
20 UPON PASSAGE]: Sec. 7. (a) The advisory council shall conduct a
21 review of statutes concerning electronic monitoring and home
22 detention and recommend electronic monitoring standards, which
23 may include the following:
24 (1) Administration standards, such as establishing policy,
25 procedure, and reporting requirements.
26 (2) Supervision standards, such as establishing the number of
27 individuals supervised by at least one (1) employee of a
28 supervising agency, contacts with tracked individuals,
29 reporting of violations, and any associated fiscal impact
30 relating to these matters.
31 (3) Any other issues related to establishing electronic
32 monitoring standards deemed appropriate by the advisory
33 council.
34 (b) The advisory council shall submit a final report containing
35 findings not later than December 1, 2022, to the legislative council
36 in an electronic format under IC 5-14-6.
37 (c) This section expires January 1, 2023.
38 SECTION 5. IC 34-30-2-149.7 IS ADDED TO THE INDIANA
39 CODE AS A NEW SECTION TO READ AS FOLLOWS
40 [EFFECTIVE JULY 1, 2022]: Sec. 149.7. IC 35-38-2.7 (Concerning
41 electronic monitoring standards).
42 SECTION 6. IC 35-31.5-2-24.7 IS ADDED TO THE INDIANA
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1 CODE AS A NEW SECTION TO READ AS FOLLOWS
2 [EFFECTIVE JULY 1, 2022]: Sec. 24.7. "Backup verification
3 method", for purposes of IC 35-38-2.7, has the meaning set forth
4 in IC 35-38-2.7-1.
5 SECTION 7. IC 35-31.5-2-205, AS ADDED BY P.L.114-2012,
6 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2022]: Sec. 205. "Monitoring device", for purposes of
8 IC 35-33-8-11, IC 35-38-2.5, and IC 35-38-2.7, has the meaning set
9 forth in IC 35-38-2.5-3.
10 SECTION 8. IC 35-31.5-2-318.5 IS ADDED TO THE INDIANA
11 CODE AS A NEW SECTION TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2022]: Sec. 318.5. "Supervising agency", for
13 purposes of IC 35-38-2.7, has the meaning set forth in
14 IC 35-38-2.7-1.
15 SECTION 9. IC 35-31.5-2-337.3 IS ADDED TO THE INDIANA
16 CODE AS A NEW SECTION TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2022]: Sec. 337.3. "Tracked individual", for
18 purposes of IC 35-38-2.7, has the meaning set forth in
19 IC 35-38-2.7-1.
20 SECTION 10. IC 35-31.5-2-352.5 IS ADDED TO THE INDIANA
21 CODE AS A NEW SECTION TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2022]: Sec. 352.5. "Vulnerable victim", for
23 purposes of IC 35-38-2.7, has the meaning set forth in
24 IC 35-38-2.7-1.
25 SECTION 11. IC 35-33-8-11, AS AMENDED BY P.L.114-2012,
26 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2022]: Sec. 11. (a) A court may require a person who has been
28 charged with a crime of domestic violence (as described in
29 IC 35-31.5-2-78) to wear a GPS tracking monitoring device as a
30 condition of bail.
31 (b) A court may order a person who is required to wear a GPS
32 tracking monitoring device under subsection (a) to pay any costs
33 associated with the GPS tracking monitoring device.
34 SECTION 12. IC 35-38-2.5-2.3 IS AMENDED TO READ AS
35 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2.3. As used in this
36 chapter, "constant supervision" means monitoring a violent offender
37 twenty-four (24) hours each day by means in accordance with the
38 requirements described in section 12(b) of this chapter. IC 35-38-2.7.
39 SECTION 13. IC 35-38-2.5-3, AS AMENDED BY P.L.170-2014,
40 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2022]: Sec. 3. (a) As used in this chapter, "monitoring device"
42 means an electronic device that:
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1 (1) can record or transmit information twenty-four (24) hours
2 each day regarding an offender's
3 (A) presence or absence from the offender's home; or
4 (B) precise location;
5 (2) is minimally intrusive upon the privacy of the offender or
6 other persons residing in the offender's home;
7 (3) with the written consent of the offender and with the written
8 consent of other persons residing in the home at the time an order
9 for home detention is entered, may record or transmit:
10 (A) a visual image;
11 (B) an electronic communication or any sound; or
12 (C) information regarding the offender's activities while inside
13 the offender's home; and
14 (4) can notify a probation department, a community corrections
15 program, the parole board, a pretrial services agency, or a
16 contract agency if the offender violates the terms of a home
17 detention order.
18 (b) The term includes any device that can reliably determine the
19 location of an offender and track the locations where the offender has
20 been, including a device that uses a global positioning system satellite
21 service.
22 (c) The term does not include an unmanned aerial vehicle (as
23 defined in IC 35-31.5-2-342.3).
24 SECTION 14. IC 35-38-2.5-10, AS AMENDED BY P.L.31-2005,
25 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2022]: Sec. 10. (a) Each probation department or community
27 corrections program shall establish written criteria and procedures for
28 determining whether an offender or alleged offender that the
29 department or program supervises on home detention qualifies as a
30 violent offender.
31 (b) A probation department or community corrections program shall
32 use the criteria and procedures established under subsection (a) to
33 establish a record keeping system that allows the department or
34 program to quickly determine whether an offender or alleged offender
35 who violates the terms of a home detention order is a violent offender.
36 (c) A probation department or a community corrections program
37 charged by a court with supervision of offenders and alleged offenders
38 ordered to undergo home detention shall provide all law enforcement
39 agencies (including any contract agencies) having jurisdiction in the
40 place where the probation department or a community corrections
41 program is located with a list of offenders and alleged offenders under
42 home detention supervised by the probation department or the
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1 community corrections program. The list must include the following
2 information about each offender and alleged offender:
3 (1) The offender's name, any known aliases, and the location of
4 the offender's home detention.
5 (2) The crime for which the offender was convicted.
6 (3) The date the offender's home detention expires.
7 (4) The name, address, and telephone number of the offender's
8 supervising probation or community corrections program officer
9 for home detention.
10 (5) An indication of whether the offender or alleged offender is a
11 violent offender.
12 (d) Except as provided under section 6(1) of this chapter, a
13 probation department or community corrections program charged by a
14 court with supervision of offenders and alleged offenders ordered to
15 undergo home detention shall, at the beginning of a period of home
16 detention, set the monitoring device and surveillance equipment to
17 minimize the possibility that the offender or alleged offender can enter
18 another residence or structure without a violation.
19 (e) A probation department or community corrections program
20 charged by a court with supervision of offenders and alleged offenders
21 ordered to undergo home detention shall
22 (1) maintain or contract with a contract agency to maintain
23 constant supervision of each offender and alleged offender in
24 accordance with IC 35-38-2.7. and
25 (2) have adequate staff available twenty-four (24) hours each day
26 to respond if an offender or alleged offender violates the
27 conditions of a home detention order.
28 (f) A contract agency that maintains supervision of an offender or
29 alleged offender under subsection (e)(1) shall notify the contracting
30 probation department or community corrections program within one (1)
31 hour if the offender or alleged offender violates the conditions of a
32 home detention order. However:
33 (1) a community corrections advisory board, if the offender is
34 serving home detention as part of a community corrections
35 program; or
36 (2) a probation department, if the offender or alleged offender is
37 serving home detention as a condition of probation or bail;
38 may shorten the time in which the contract agency must give notice of
39 a home detention order violation.
40 (g) (f) A probation department or community corrections program
41 may contract with a contract agency under subsection (e)(1) (e) only if
42 the contract agency can comply with subsection (f). the requirements
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1 described in IC 35-38-2.7.
2 SECTION 15. IC 35-38-2.5-12, AS AMENDED BY P.L.31-2005,
3 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 12. (a) A probation department or community
5 corrections program charged by a court with supervision of a violent
6 offender placed on home detention under this chapter shall comply
7 with IC 35-38-2.7.
8 (1) cause a local law enforcement agency or contract agency
9 described in section 10 of this chapter to be the initial agency
10 contacted upon determining that the violent offender is in
11 violation of a home detention order;
12 (2) maintain constant supervision of the violent offender using
13 surveillance equipment and a monitoring device that can transmit
14 information twenty-four (24) hours each day regarding an
15 offender's precise location by either:
16 (A) using the supervising entity's equipment and personnel; or
17 (B) contracting with a contract agency; and
18 (3) have adequate staff available twenty-four (24) hours each day
19 to respond if the violent offender violates the conditions of a
20 home detention order.
21 (b) A contract agency that maintains supervision of a violent
22 offender under subsection (a)(2) shall notify the contracting probation
23 department or community corrections program within one (1) hour if
24 the violent offender violates the conditions of a home detention order.
25 However, a:
26 (1) community corrections advisory board, if the violent offender
27 is serving home detention as part of a community corrections
28 program; or
29 (2) probation department, if the violent offender is serving home
30 detention as a condition of probation or bail;
31 may shorten the time in which the contract agency must give notice of
32 a home detention order violation.
33 (c) (b) A probation department or community corrections program
34 may contract with a contract agency under subsection (a)(2) (a) only if
35 the contract agency can comply with subsection (b). the requirements
36 described in IC 35-38-2.7.
37 SECTION 16. IC 35-38-2.7 IS ADDED TO THE INDIANA CODE
38 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2022]:
40 Chapter 2.7. Electronic Monitoring Standards
41 Sec. 1. The following definitions apply throughout this chapter:
42 (1) "Backup verification method" means a method of
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1 determining whether a tracked individual is in an approved
2 location in the event that the tracked individual's monitoring
3 device loses communication with the supervising agency. The
4 term may include making electronic or telephonic contact
5 with an employer of a tracked individual.
6 (2) "Monitoring device" has the meaning set forth in
7 IC 35-38-2.5-3.
8 (3) "Supervising agency" means:
9 (A) a court, in the case of an individual who is required to
10 wear a monitoring device as a condition of probation or
11 pretrial release;
12 (B) a community corrections program, in the case of an
13 individual who is required to wear a monitoring device as
14 a condition of community corrections; or
15 (C) the parole board, in the case of an individual who is
16 required to wear a monitoring device as a condition of
17 parole.
18 (4) "Tracked individual" means an individual required to
19 wear a monitoring device.
20 (5) "Vulnerable victim" means the victim of a crime
21 committed or alleged to have been committed by a tracked
22 individual:
23 (A) under circumstances suggesting that the tracked
24 individual may disturb, harass, or harm the victim, as
25 determined by a court or the supervising agency;
26 (B) if the tracked individual is the subject of a protection
27 order, restraining order, or no contact order with respect
28 to the victim; or
29 (C) that is a crime of domestic or sexual violence (as
30 defined in IC 16-18-2-88.5).
31 Sec. 2. A supervising agency must do the following:
32 (1) An employee of a supervising agency must provide
33 notification to the supervising agency as soon as possible, but
34 not later than fifteen (15) minutes, after:
35 (A) the monitoring device of a tracked individual suffers an
36 unexplained or undocumented loss of communication with
37 the employee, and the employee is unable to verify the
38 tracked individual's presence at an approved location by
39 using a backup verification method, if applicable;
40 (B) a tracked individual enters a prohibited exclusion zone;
41 or
42 (C) a tracked individual removes, disables, or otherwise
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1 interferes with a monitoring device.
2 In addition, if the tracked individual has committed or is
3 alleged to have committed a crime against a vulnerable
4 victim, the supervising agency shall notify the vulnerable
5 victim and request local law enforcement to conduct a welfare
6 check on the vulnerable victim in accordance with the
7 protocol developed by the supervising agency under
8 subdivision (5).
9 (2) Verify in person the location of each tracked individual
10 placed on electronic monitoring due to being charged with or
11 convicted of:
12 (A) a crime of violence (as defined in IC 35-50-1-2(a)); or
13 (B) a crime of domestic or sexual violence (as defined in
14 IC 16-18-2-88.5);
15 by making one (1) scheduled in person contact and one (1)
16 unannounced in person contact with the individual in every
17 thirty (30) day period.
18 (3) Beginning January 1, 2023, transmit a quarterly report to
19 the local justice reinvestment advisory council (established by
20 IC 33-38-9.5-4) that includes information concerning:
21 (A) the total number of tracked individuals under
22 supervision, whether they are under pretrial or
23 postdisposition supervision, and the charges they are
24 facing or have been convicted of;
25 (B) the number of tracked individuals under supervision
26 assigned to each employee;
27 (C) the total costs and fees levied and collected;
28 (D) the number of tracked individuals under supervision
29 whose supervision has been terminated and the reason for
30 termination; and
31 (E) the number of false location alerts or device
32 malfunctions in the case of each tracked individual under
33 supervision.
34 The report must be submitted not later than fifteen (15)
35 calendar days after the close of each quarter. The local justice
36 reinvestment advisory council shall transmit each report
37 electronically to the statewide justice reinvestment advisory
38 council (established by IC 33-38-9.5-2), which shall publish
39 the reports quarterly and electronically transmit the reports
40 to the legislative council and to the judicial conference of
41 Indiana. The report to the legislative council must be in an
42 electronic format under IC 5-14-6.
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1 (4) Establish conditions relating to approved and unapproved
2 locations for each tracked individual under the supervising
3 agency's supervision.
4 (5) Develop and establish a protocol for the supervising
5 agency to use in contacting a vulnerable victim and local law
6 enforcement with respect to a violation by a tracked
7 individual.
8 (6) Develop and publish a policy prohibiting certain
9 relationships between a tracked individual and a supervising
10 agency and employees of a supervising agency, including:
11 (A) personal associations and relationships; and
12 (B) business relationships.
13 (7) Develop or approve detailed contingency plans for the
14 supervising agency's operation in case of natural disaster,
15 power outage, loss of telephone service, fire, flood, equipment
16 malfunction, death, incapacitation, or personal emergency of
17 an employee of a supervising agency, and, in the case of a
18 supervising agency's contract with a third party contractor,
19 the financial insolvency of the third party contractor.
20 (8) Specify a backup verification method for a tracked
21 individual if there is reason to believe that the tracked
22 individual's monitoring device may lose communication with
23 the supervising agency at an approved location. However, a
24 supervising agency has the discretion to establish a backup
25 verification method for any tracked individual regardless of
26 whether the supervising agency has reason to believe that the
27 monitoring device may lose communication at an approved
28 location.
29 Sec. 3. (a) The supervising agency shall:
30 (1) inform a vulnerable victim of where the tracked individual
31 is not permitted to be;
32 (2) if the vulnerable victim wishes to be informed if the
33 tracked individual commits a violation as described in section
34 2(1)(A) through 2(1)(C) of this chapter, obtain the best
35 manner of contacting the vulnerable victim from the
36 vulnerable victim; and
37 (3) advise the vulnerable victim that events such as power
38 outages, Internet outages, and natural disasters may interfere
39 with the ability of the supervising agency to notify the
40 vulnerable victim in a timely manner.
41 (b) Upon notice of a possible violation by a tracked individual as
42 described in section 2(1)(A) through 2(1)(C) of this chapter, the
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1 supervising agency shall, as soon as practicable, seek a warrant for
2 the arrest of the tracked individual.
3 Sec. 4. (a) This subsection applies to a tracked individual who is
4 charged with or convicted of a crime of violence (as defined in
5 IC 35-50-1-2(a)) or a crime of domestic or sexual violence (as
6 defined in IC 16-18-2-88.5). As soon as possible, but not later than:
7 (1) fifteen (15) minutes after a warrant has been issued for a
8 tracked individual to whom this subsection applies, a local law
9 enforcement agency shall transmit details of the warrant to all
10 active units; and
11 (2) 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 dispatch a law enforcement officer
14 to apprehend the tracked individual.
15 (b) This subsection applies to a tracked individual who is not
16 charged with or convicted of a crime of violence (as defined in
17 IC 35-50-1-2(a)) or a crime of domestic or sexual violence (as
18 defined in IC 16-18-2-88.5). As soon as possible, but not later than:
19 (1) 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 transmit details of the warrant to all
22 active units; and
23 (2) forty-eight (48) hours after a warrant has been issued for
24 a tracked individual to whom this subsection applies, a local
25 law enforcement agency shall dispatch a law enforcement
26 officer to apprehend the tracked individual.
27 (c) The local law enforcement agency shall keep a record of each
28 dispatch made under this section.
29 Sec. 5. A supervising agency may contract with a third party
30 contractor to maintain consistent constant supervision of each
31 tracked individual only if the third party contractor can comply
32 with the requirements of a supervising agency in this chapter. A
33 contract must specify the duties of the third party contractor and
34 the duties of the supervising agency described in this chapter. A
35 third party contractor:
36 (1) may not employ or be owned by any person convicted of a
37 felony within the previous seven (7) years; and
38 (2) may not employ an individual who was a tracked
39 individual within the previous one (1) year.
40 Sec. 6. (a) This subsection applies to contracts entered into and
41 renewed after June 30, 2022. In addition to any penalties described
42 in the contract, a supervising agency may cancel the contract of a
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1 third party contractor that fails to comply with the requirements
2 of this chapter.
3 (b) If:
4 (1) the supervising agency is a court; and
5 (2) the supervising agency has:
6 (A) canceled a contract under this section; or
7 (B) determined that it will not renew its contract with the
8 third party contractor due to the contractor's
9 performance;
10 the supervising agency shall inform the office of judicial
11 administration of its act or determination, along with a description
12 of its reasons. The office of judicial administration shall inform
13 every court that may act as a supervising agency of the identity of
14 the third party contractor, of the act or determination made by the
15 supervising agency, and of the reasons for the act or determination
16 by the supervising agency.
17 Sec. 7. (a) Except as described in subsection (b), the following
18 are immune from civil liability for an act or omission that occurs
19 in connection with the implementation of this chapter:
20 (1) A supervising agency.
21 (2) A law enforcement agency.
22 (3) An employee of a person described in subdivisions (1)
23 through (2).
24 (b) The immunity described in subsection (a) does not apply if
25 the person committed gross negligence or willful or wanton
26 misconduct.
27 SECTION 17. IC 35-44.1-3-4, AS AMENDED BY P.L.158-2013,
28 SECTION 511, IS AMENDED TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) This section does not apply
30 to a child who:
31 (1) flees from lawful detention (as defined in IC 35-31.5-2-186)
32 where the child has been placed;
33 (2) violates a home detention order imposed on the child;
34 (3) removes, disables, or interferes with the operation of an
35 electronic monitoring device or GPS tracking device that the
36 child is required to wear; or
37 (4) fails to return to lawful detention following temporary
38 leave granted for a specified purpose or limited period;
39 due to an allegation or adjudication that the child committed an act
40 described in IC 31-37-2-3 through IC 31-37-2-7 (status offenses),
41 unless the child, while committing the offense, draws or uses a
42 deadly weapon or inflicts bodily injury on another person.
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1 (b) A person, except as provided in subsection (b), (c), who
2 intentionally flees from lawful detention commits escape, a Level 5
3 felony. However, the offense is a Level 4 felony if, while committing
4 it, the person draws or uses a deadly weapon or inflicts bodily injury on
5 another person.
6 (b) (c) A person who:
7 (1) knowingly or intentionally violates a home detention order,
8 except for a provision of a home detention order relating to:
9 (A) the possession or consumption of alcohol or a
10 controlled substance in the person's home;
11 (B) tardiness to or missed appointments with supervising
12 staff; or
13 (C) the failure to pay user fees; or
14 (2) intentionally removes, disables, or interferes with the
15 operation of an electronic monitoring device or GPS tracking
16 device;
17 commits escape, a Level 6 felony.
18 (c) (d) A person who knowingly or intentionally fails to return to
19 lawful detention following temporary leave granted for a specified
20 purpose or limited period commits failure to return to lawful detention,
21 a Level 6 felony. However, the offense is a Level 5 felony if, while
22 committing it, the person draws or uses a deadly weapon or inflicts
23 bodily injury on another person.
24 SECTION 18. An emergency is declared for this act.
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.
_____
HOUSE MOTION
Mr. Speaker: I move that Engrossed Senate Bill 9 be amended to
read as follows:
Page 2, line 36, delete "IC 35-38-2.7-2(4);" and insert "IC
35-38-2.7-2(3);".
Page 3, between lines 17 and 18, begin a new paragraph and insert:
"SECTION 4. IC 33-38-9.5-7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The advisory council
shall conduct a review of statutes concerning electronic monitoring
and home detention and recommend electronic monitoring
standards, which may include the following:
(1) Administration standards, such as establishing policy,
procedure, and reporting requirements.
(2) Supervision standards, such as establishing the number of
individuals supervised by at least one (1) employee of a
supervising agency, contacts with tracked individuals,
reporting of violations, and any associated fiscal impact
relating to these matters.
(3) Any other issues related to establishing electronic
monitoring standards deemed appropriate by the advisory
council.
(b) The advisory council shall submit a final report containing
ES 9—LS 6480/DI 106 26
findings not later than December 1, 2022, to the legislative council
in an electronic format under IC 5-14-6.
(c) This section expires January 1, 2023.".
Page 3, delete lines 27 through 30.
Page 7, delete lines 21 through 42, begin a new paragraph and
insert:
"SECTION 17. IC 35-38-2.7 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]:
Chapter 2.7. Electronic Monitoring Standards
Sec. 1. The following definitions apply throughout this chapter:
(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 supervising agency. The
term may include making electronic or telephonic contact
with an employer of a tracked individual.
(2) "Monitoring device" has the meaning set forth in
IC 35-38-2.5-3.
(3) "Supervising agency" means:
(A) a court, in the case of an individual who is required to
wear a monitoring device as a condition of probation or
pretrial release;
(B) a community corrections program, in the case of an
individual who is required to wear a monitoring device as
a condition of community corrections; or
(C) the parole board, in the case of an individual who is
required to wear a monitoring device as a condition of
parole.
(4) "Tracked individual" means an individual required to
wear a monitoring device.
(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).
ES 9—LS 6480/DI 106 27
Sec. 2. A supervising agency must do the following:
(1) An employee of a supervising agency must 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 employee, and the employee is unable to verify the
tracked individual's presence at an approved location by
using a backup verification method, if applicable;
(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 supervising agency 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
subdivision (5).
(2) 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.
(3) Beginning January 1, 2023, 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 tracked individuals under
supervision, whether they are under pretrial or
postdisposition supervision, and the charges they are
facing or have been convicted of;
(B) the number of tracked individuals under supervision
assigned to each employee;
(C) the total costs and fees levied and collected;
(D) the number of tracked individuals under supervision
whose supervision has been terminated and the reason for
termination; and
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(E) the number of false location alerts or device
malfunctions in the case of each tracked individual 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 statewide justice reinvestment advisory
council (established by IC 33-38-9.5-2), which shall publish
the reports quarterly and electronically transmit the reports
to the legislative council and to the judicial conference of
Indiana. The report to the legislative council must be in an
electronic format under IC 5-14-6.
(4) Establish conditions relating to approved and unapproved
locations for each tracked individual under the supervising
agency's supervision.
(5) Develop and establish a protocol for the supervising
agency to use in contacting a vulnerable victim and local law
enforcement with respect to a violation by a tracked
individual.
(6) Develop and publish a policy prohibiting certain
relationships between a tracked individual and a supervising
agency and employees of a supervising agency, including:
(A) personal associations and relationships; and
(B) business relationships.
(7) Develop or approve detailed contingency plans for the
supervising agency's operation in case of natural disaster,
power outage, loss of telephone service, fire, flood, equipment
malfunction, death, incapacitation, or personal emergency of
an employee of a supervising agency, and, in the case of a
supervising agency's contract with a third party contractor,
the financial insolvency of the third party contractor.
(8) 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 supervising agency 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.
Sec. 3. (a) The supervising agency shall:
(1) inform a vulnerable victim of where the tracked individual
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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
(3) advise the vulnerable victim that events such as power
outages, Internet outages, and natural disasters may interfere
with the ability of the supervising agency to notify the
vulnerable victim in a timely manner.
(b) Upon notice 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. 4. (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
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.
Sec. 5. A supervising agency may contract with a third party
contractor to maintain consistent constant supervision of each
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tracked individual only if the third party contractor can comply
with the requirements of a supervising agency in this chapter. A
contract must specify the duties of the third party contractor and
the duties of the supervising agency described in this chapter. A
third party contractor:
(1) may not employ or be owned by any person convicted of a
felony within the previous seven (7) years; and
(2) may not employ an individual who was a tracked
individual within the previous one (1) year.
Sec. 6. (a) This subsection applies to contracts entered into and
renewed after June 30, 2022. In addition to any penalties described
in the contract, a supervising agency may cancel the contract of a
third party contractor that fails to comply with the requirements
of this chapter.
(b) If:
(1) the supervising agency is a court; and
(2) the supervising agency has:
(A) canceled a contract under this section; or
(B) determined that it will not renew its contract with the
third party contractor due to the contractor's
performance;
the supervising agency shall inform the office of judicial
administration of its act or determination, along with a description
of its reasons. The office of judicial administration shall inform
every court that may act as a supervising agency of the identity of
the third party contractor, of the act or determination made by the
supervising agency, and of the reasons for the act or determination
by the supervising agency.
Sec. 7. (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 supervising agency.
(2) A law enforcement agency.
(3) An employee of a person described in subdivisions (1)
through (2).
(b) The immunity described in subsection (a) does not apply if
the person committed gross negligence or willful or wanton
misconduct.".
Delete pages 8 through 11.
Page 12, delete lines 1 through 24.
Page 13, after line 21, begin a new paragraph and insert:
"SECTION 19. An emergency is declared for this act.".
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Renumber all SECTIONS consecutively.
(Reference is to ESB 9 as printed February 17, 2022.)
TORR
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