LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington, Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6480 NOTE PREPARED: Dec 28, 2021
BILL NUMBER: SB 9 BILL AMENDED:
SUBJECT: Electronic Monitoring Standards.
FIRST AUTHOR: Sen. Walker K BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
A. Electronic Monitoring – It 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. And it makes
conforming amendments.
B. Escape – It provides that a defendant commits escape if the defendant disables or interferes with
the operation of an electronic monitoring device. (Under current law, the defendant commits the
offense by removing an electronic monitoring device.)
C. Bail – It requires a court to revoke the bail of a defendant who commits escape.
Effective Date: July 1, 2022.
Explanation of State Expenditures: Escape – A Level 6 felony is punishable by a prison term ranging from
6 to 30 months, with an advisory sentence of 1 year. The sentence depends on mitigating and aggravating
circumstances. Assuming offenders can be housed in existing facilities with no additional staff, the marginal
cost for medical care, food, and clothing is approximately $4,333 annually, or $11.87 daily, per prisoner.
However, any additional expenditures are likely to be small.
Division of Parole Services – DOC indicates that it currently tracks not more than 29 persons with a
dedicated staff person; is notified within 15 minutes after a tracked individual is not accounted for; randomly
contacts each tracked individual at least once per month; and is capable of dispatching a law enforcement
officer within 15 minutes of a violation. DOC does not notify victims when the tracked individual leaves an
SB 9 1 approved location.
Explanation of State Revenues: Escape – If additional court cases occur and fines are collected, revenue
to both the Common School Fund (from criminal fines) and the state General Fund (from court fees) would
increase. The maximum fine for a Level 6 felony is $10,000. However, any additional revenues would likely
be small.
Explanation of Local Expenditures: LSA surveyed community corrections agencies and probation
departments which operate electronic monitoring of persons who are on home detention about whether these
agencies met the standards specified in this bill. Four agencies representing 5% of all persons who were
committed to home detention with electronic monitoring in 2020 met all five criteria. The ability for all
community corrections agencies and probation departments to meet the standards specified in this bill would
depend on whether added resources are available from both state and local sources.
Additional Information – To estimate the effect that these standards would have on community corrections
and probation departments that currently operate electronic monitoring, LSA surveyed 43 agencies that
provide these services. These agencies received 12,400 incoming cases that were committed by courts for
the period between October 1, 2019, and September 30, 2020.
The following table provides the survey results.
Standard Meet or Exceed
Standard
Incoming
Persons
Tracked
Not Meeting
Standard
Incoming
Persons
Tracked
Track Not More than 29
Persons per Staff Person
24 3,077 19 9,329
Agency Notified Within 15
Minutes after Tracked
Individual Unaccounted
33 4,883 10 7,523
Random Contact with Each
Tracked Individual at Least
One Time per Month
35 5,621 8 7,145
Victim Notified If Tracked
Individual Leaves Approved
Location
22 3,980 21 8,426
Capability of Dispatching Law
Enforcement Agency Within
15 Minutes of Violation
15 2,467 25 9,939
Meets All Five Criteria 4 604 39 11,802
Escape – If more defendants are detained in county jails prior to their court hearings, local expenditures for
jail operations may increase. However, any additional expenditures would likely be small.
Bail – Bail would be revoked if a person is charged with a crime of violence and then charged with escape
if the person has been placed on home detention. This could increase the pretrial population housed in certain
SB 9 2 county jails. The effect of this provision cannot be determined.
Explanation of Local Revenues: Escape – If additional court actions occur and a guilty verdict is entered,
local governments would receive revenue from court fees. However, the amounts would likely be small.
State Agencies Affected: Department of Correction Division of Parole Services.
Local Agencies Affected: Community Corrections Agencies; Probation Departments; Trial courts, local law
enforcement agencies.
Information Sources: LSA survey; 2020 Indiana Home Detention Report, Indiana Office of Court Services,
Indiana Supreme Court.
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
SB 9 3