IN
Indiana Senate Bill SB0009

Indiana 2022 Regular Session

Indiana Senate Bill SB0009 Compare Versions

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1+*ES0009.2*
2+Reprinted
3+February 24, 2022
4+ENGROSSED
5+SENATE BILL No. 9
6+_____
7+DIGEST OF SB 9 (Updated February 23, 2022 3:05 pm - DI 131)
8+Citations Affected: IC 11-13; IC 31-37; IC 33-38; IC 34-30;
9+IC 35-31.5; IC 35-33; IC 35-38; IC 35-44.1.
10+Synopsis: Electronic monitoring standards. Requires the justice
11+reinvestment advisory council to conduct a review of statutes
12+concerning electronic monitoring and home detention and provide a
13+recommendation with regard to electronic monitoring standards to the
14+legislative council in an electronic format not later than December 1,
15+2022. Establishes standards, including notification time frames, for
16+persons and entities responsible for monitoring individuals required to
17+(Continued next page)
18+Effective: Upon passage; July 1, 2022.
19+Walker K, Crider, Young M,
20+Sandlin, Freeman, Koch
21+(HOUSE SPONSORS — TORR, BEHNING, SPEEDY, JETER)
22+January 4, 2022, read first time and referred to Committee on Corrections and Criminal
23+Law.
24+January 20, 2022, amended, reported favorably — Do Pass.
25+January 24, 2022, read second time, amended, ordered engrossed.
26+January 25, 2022, engrossed. Read third time, passed. Yeas 46, nays 1.
27+HOUSE ACTION
28+January 31, 2022, read first time and referred to Committee on Courts and Criminal Code.
29+February 17, 2022, amended, reported — Do Pass.
30+February 23, 2022, read second time, amended, ordered engrossed.
31+ES 9—LS 6480/DI 106 Digest Continued
32+wear a monitoring device as a condition of probation, parole, pretrial
33+release, or community corrections. Provides immunity for acts or
34+omissions performed in connection with implementing monitoring
35+standards. Provides that a defendant commits escape if: (1) the
36+defendant disables or interferes with the operation of an electronic
37+monitoring device; or (2) the defendant violates certain conditions of
38+home detention (under current law, any violation of a condition of
39+home detention constitutes escape). Makes escape committed by a
40+juvenile status offender a status offense under certain circumstances.
41+Makes conforming amendments.
42+ES 9—LS 6480/DI 106ES 9—LS 6480/DI 106 Reprinted
43+February 24, 2022
144 Second Regular Session of the 122nd General Assembly (2022)
245 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
346 Constitution) is being amended, the text of the existing provision will appear in this style type,
447 additions will appear in this style type, and deletions will appear in this style type.
548 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
649 provision adopted), the text of the new provision will appear in this style type. Also, the
750 word NEW will appear in that style type in the introductory clause of each SECTION that adds
851 a new provision to the Indiana Code or the Indiana Constitution.
952 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1053 between statutes enacted by the 2021 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 9
12-AN ACT to amend the Indiana Code concerning criminal law and
13-procedure.
54+ENGROSSED
55+SENATE BILL No. 9
56+A BILL FOR AN ACT to amend the Indiana Code concerning
57+criminal law and procedure.
1458 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 11-13-1-4 IS AMENDED TO READ AS
59+1 SECTION 1. IC 11-13-1-4 IS AMENDED TO READ AS
60+2 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) Every probation
61+3 department shall annually compile, and make available to the judicial
62+4 conference of Indiana upon request, accurate statistical information
63+5 pertaining to its operation, including:
64+6 (1) presentence and predisposition reports prepared;
65+7 (2) investigations and reports regarding cases assigned to that
66+8 probation department and disposed of prior to trial;
67+9 (3) cases disposed of by termination of supervision, including
68+10 revocation of probation;
69+11 (4) that probation department's operational costs, including
70+12 salaries of probation officers and administrative personnel; and
71+13 (5) persons employed.
72+14 (b) Before January 5 of each year each probation department shall
73+15 send to the judicial conference the following statistical information
74+16 concerning home detention for the preceding calendar year:
75+17 (1) The number of persons supervised by the department or by a
76+ES 9—LS 6480/DI 106 2
77+1 community corrections program who were placed in home
78+2 detention under IC 35-38-2.5.
79+3 (2) The number of persons supervised by the department or by a
80+4 community corrections program who successfully completed a
81+5 period of home detention ordered under IC 35-38-2.5.
82+6 (3) The number of persons supervised by the department or by a
83+7 community corrections program who failed to complete a period
84+8 of home detention ordered under IC 35-38-2.5, and a description
85+9 of the subsequent disposition for those persons.
86+10 (4) For each person under home detention supervised by the
87+11 department or by a community corrections program, a description
88+12 of the most serious offense for which the person was convicted
89+13 with the resulting sentence including a period of home detention
90+14 ordered as a condition of probation.
91+15 (5) The amount of home detention user fees collected by the
92+16 department under IC 35-38-2.5.
93+17 (6) The amount of home detention user fees deposited into the
94+18 community corrections home detention fund for the county in
95+19 which the department is located.
96+20 (7) The average expense per person placed in home detention
97+21 supervised by the department with a monitoring device.
98+22 (8) The average expense per person placed in home detention
99+23 supervised by the department without a monitoring device.
100+24 SECTION 2. IC 11-13-1-9, AS AMENDED BY P.L.24-2014,
101+25 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
102+26 JULY 1, 2022]: Sec. 9. (a) The judicial conference of Indiana shall:
103+27 (1) keep informed of the work of all probation departments;
104+28 (2) compile and publish statistical and other information that may
105+29 be of value to the probation service;
106+30 (3) inform courts and probation departments of legislation
107+31 concerning probation and of other developments in probation;
108+32 (4) submit to the general assembly before January 15 of each year
109+33 a report in an electronic format under IC 5-14-6 compiling the
110+34 statistics provided to the judicial conference by probation
111+35 departments the local justice reinvestment advisory council
112+36 under section 4(b) of this chapter; IC 35-38-2.7-2(3); and
113+37 (5) require probation departments to submit a community
114+38 supervision collaboration plan as described in IC 11-12-2-4.
115+39 (b) The conference may:
116+40 (1) visit and inspect any probation department and confer with
117+41 probation officers and judges administering probation; and
118+42 (2) require probation departments to submit periodic reports of
119+ES 9—LS 6480/DI 106 3
120+1 their work on forms furnished by the conference.
121+2 SECTION 3. IC 31-37-2-8 IS ADDED TO THE INDIANA CODE
122+3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
123+4 1, 2022]: Sec. 8. A child commits a delinquent act if, before
124+5 becoming eighteen (18) years of age, the child:
125+6 (1) intentionally flees from lawful detention (as defined in
126+7 IC 35-31.5-2-186) where the child has been placed;
127+8 (2) knowingly or intentionally violates a home detention order
128+9 imposed on the child;
129+10 (3) intentionally removes, disables, or interferes with the
130+11 operation of an electronic monitoring device or GPS tracking
131+12 device that the child is required to wear; or
132+13 (4) knowingly or intentionally fails to return to lawful
133+14 detention following temporary leave granted for a specified
134+15 purpose or limited period;
135+16 due to an allegation or adjudication that the child committed an act
136+17 described in this chapter.
137+18 SECTION 4. IC 33-38-9.5-7 IS ADDED TO THE INDIANA CODE
138+19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
139+20 UPON PASSAGE]: Sec. 7. (a) The advisory council shall conduct a
140+21 review of statutes concerning electronic monitoring and home
141+22 detention and recommend electronic monitoring standards, which
142+23 may include the following:
143+24 (1) Administration standards, such as establishing policy,
144+25 procedure, and reporting requirements.
145+26 (2) Supervision standards, such as establishing the number of
146+27 individuals supervised by at least one (1) employee of a
147+28 supervising agency, contacts with tracked individuals,
148+29 reporting of violations, and any associated fiscal impact
149+30 relating to these matters.
150+31 (3) Any other issues related to establishing electronic
151+32 monitoring standards deemed appropriate by the advisory
152+33 council.
153+34 (b) The advisory council shall submit a final report containing
154+35 findings not later than December 1, 2022, to the legislative council
155+36 in an electronic format under IC 5-14-6.
156+37 (c) This section expires January 1, 2023.
157+38 SECTION 5. IC 34-30-2-149.7 IS ADDED TO THE INDIANA
158+39 CODE AS A NEW SECTION TO READ AS FOLLOWS
159+40 [EFFECTIVE JULY 1, 2022]: Sec. 149.7. IC 35-38-2.7 (Concerning
160+41 electronic monitoring standards).
161+42 SECTION 6. IC 35-31.5-2-24.7 IS ADDED TO THE INDIANA
162+ES 9—LS 6480/DI 106 4
163+1 CODE AS A NEW SECTION TO READ AS FOLLOWS
164+2 [EFFECTIVE JULY 1, 2022]: Sec. 24.7. "Backup verification
165+3 method", for purposes of IC 35-38-2.7, has the meaning set forth
166+4 in IC 35-38-2.7-1.
167+5 SECTION 7. IC 35-31.5-2-205, AS ADDED BY P.L.114-2012,
168+6 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
169+7 JULY 1, 2022]: Sec. 205. "Monitoring device", for purposes of
170+8 IC 35-33-8-11, IC 35-38-2.5, and IC 35-38-2.7, has the meaning set
171+9 forth in IC 35-38-2.5-3.
172+10 SECTION 8. IC 35-31.5-2-318.5 IS ADDED TO THE INDIANA
173+11 CODE AS A NEW SECTION TO READ AS FOLLOWS
174+12 [EFFECTIVE JULY 1, 2022]: Sec. 318.5. "Supervising agency", for
175+13 purposes of IC 35-38-2.7, has the meaning set forth in
176+14 IC 35-38-2.7-1.
177+15 SECTION 9. IC 35-31.5-2-337.3 IS ADDED TO THE INDIANA
178+16 CODE AS A NEW SECTION TO READ AS FOLLOWS
179+17 [EFFECTIVE JULY 1, 2022]: Sec. 337.3. "Tracked individual", for
180+18 purposes of IC 35-38-2.7, has the meaning set forth in
181+19 IC 35-38-2.7-1.
182+20 SECTION 10. IC 35-31.5-2-352.5 IS ADDED TO THE INDIANA
183+21 CODE AS A NEW SECTION TO READ AS FOLLOWS
184+22 [EFFECTIVE JULY 1, 2022]: Sec. 352.5. "Vulnerable victim", for
185+23 purposes of IC 35-38-2.7, has the meaning set forth in
186+24 IC 35-38-2.7-1.
187+25 SECTION 11. IC 35-33-8-11, AS AMENDED BY P.L.114-2012,
188+26 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
189+27 JULY 1, 2022]: Sec. 11. (a) A court may require a person who has been
190+28 charged with a crime of domestic violence (as described in
191+29 IC 35-31.5-2-78) to wear a GPS tracking monitoring device as a
192+30 condition of bail.
193+31 (b) A court may order a person who is required to wear a GPS
194+32 tracking monitoring device under subsection (a) to pay any costs
195+33 associated with the GPS tracking monitoring device.
196+34 SECTION 12. IC 35-38-2.5-2.3 IS AMENDED TO READ AS
197+35 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2.3. As used in this
198+36 chapter, "constant supervision" means monitoring a violent offender
199+37 twenty-four (24) hours each day by means in accordance with the
200+38 requirements described in section 12(b) of this chapter. IC 35-38-2.7.
201+39 SECTION 13. IC 35-38-2.5-3, AS AMENDED BY P.L.170-2014,
202+40 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
203+41 JULY 1, 2022]: Sec. 3. (a) As used in this chapter, "monitoring device"
204+42 means an electronic device that:
205+ES 9—LS 6480/DI 106 5
206+1 (1) can record or transmit information twenty-four (24) hours
207+2 each day regarding an offender's
208+3 (A) presence or absence from the offender's home; or
209+4 (B) precise location;
210+5 (2) is minimally intrusive upon the privacy of the offender or
211+6 other persons residing in the offender's home;
212+7 (3) with the written consent of the offender and with the written
213+8 consent of other persons residing in the home at the time an order
214+9 for home detention is entered, may record or transmit:
215+10 (A) a visual image;
216+11 (B) an electronic communication or any sound; or
217+12 (C) information regarding the offender's activities while inside
218+13 the offender's home; and
219+14 (4) can notify a probation department, a community corrections
220+15 program, the parole board, a pretrial services agency, or a
221+16 contract agency if the offender violates the terms of a home
222+17 detention order.
223+18 (b) The term includes any device that can reliably determine the
224+19 location of an offender and track the locations where the offender has
225+20 been, including a device that uses a global positioning system satellite
226+21 service.
227+22 (c) The term does not include an unmanned aerial vehicle (as
228+23 defined in IC 35-31.5-2-342.3).
229+24 SECTION 14. IC 35-38-2.5-10, AS AMENDED BY P.L.31-2005,
230+25 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
231+26 JULY 1, 2022]: Sec. 10. (a) Each probation department or community
232+27 corrections program shall establish written criteria and procedures for
233+28 determining whether an offender or alleged offender that the
234+29 department or program supervises on home detention qualifies as a
235+30 violent offender.
236+31 (b) A probation department or community corrections program shall
237+32 use the criteria and procedures established under subsection (a) to
238+33 establish a record keeping system that allows the department or
239+34 program to quickly determine whether an offender or alleged offender
240+35 who violates the terms of a home detention order is a violent offender.
241+36 (c) A probation department or a community corrections program
242+37 charged by a court with supervision of offenders and alleged offenders
243+38 ordered to undergo home detention shall provide all law enforcement
244+39 agencies (including any contract agencies) having jurisdiction in the
245+40 place where the probation department or a community corrections
246+41 program is located with a list of offenders and alleged offenders under
247+42 home detention supervised by the probation department or the
248+ES 9—LS 6480/DI 106 6
249+1 community corrections program. The list must include the following
250+2 information about each offender and alleged offender:
251+3 (1) The offender's name, any known aliases, and the location of
252+4 the offender's home detention.
253+5 (2) The crime for which the offender was convicted.
254+6 (3) The date the offender's home detention expires.
255+7 (4) The name, address, and telephone number of the offender's
256+8 supervising probation or community corrections program officer
257+9 for home detention.
258+10 (5) An indication of whether the offender or alleged offender is a
259+11 violent offender.
260+12 (d) Except as provided under section 6(1) of this chapter, a
261+13 probation department or community corrections program charged by a
262+14 court with supervision of offenders and alleged offenders ordered to
263+15 undergo home detention shall, at the beginning of a period of home
264+16 detention, set the monitoring device and surveillance equipment to
265+17 minimize the possibility that the offender or alleged offender can enter
266+18 another residence or structure without a violation.
267+19 (e) A probation department or community corrections program
268+20 charged by a court with supervision of offenders and alleged offenders
269+21 ordered to undergo home detention shall
270+22 (1) maintain or contract with a contract agency to maintain
271+23 constant supervision of each offender and alleged offender in
272+24 accordance with IC 35-38-2.7. and
273+25 (2) have adequate staff available twenty-four (24) hours each day
274+26 to respond if an offender or alleged offender violates the
275+27 conditions of a home detention order.
276+28 (f) A contract agency that maintains supervision of an offender or
277+29 alleged offender under subsection (e)(1) shall notify the contracting
278+30 probation department or community corrections program within one (1)
279+31 hour if the offender or alleged offender violates the conditions of a
280+32 home detention order. However:
281+33 (1) a community corrections advisory board, if the offender is
282+34 serving home detention as part of a community corrections
283+35 program; or
284+36 (2) a probation department, if the offender or alleged offender is
285+37 serving home detention as a condition of probation or bail;
286+38 may shorten the time in which the contract agency must give notice of
287+39 a home detention order violation.
288+40 (g) (f) A probation department or community corrections program
289+41 may contract with a contract agency under subsection (e)(1) (e) only if
290+42 the contract agency can comply with subsection (f). the requirements
291+ES 9—LS 6480/DI 106 7
292+1 described in IC 35-38-2.7.
293+2 SECTION 15. IC 35-38-2.5-12, AS AMENDED BY P.L.31-2005,
294+3 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
295+4 JULY 1, 2022]: Sec. 12. (a) A probation department or community
296+5 corrections program charged by a court with supervision of a violent
297+6 offender placed on home detention under this chapter shall comply
298+7 with IC 35-38-2.7.
299+8 (1) cause a local law enforcement agency or contract agency
300+9 described in section 10 of this chapter to be the initial agency
301+10 contacted upon determining that the violent offender is in
302+11 violation of a home detention order;
303+12 (2) maintain constant supervision of the violent offender using
304+13 surveillance equipment and a monitoring device that can transmit
305+14 information twenty-four (24) hours each day regarding an
306+15 offender's precise location by either:
307+16 (A) using the supervising entity's equipment and personnel; or
308+17 (B) contracting with a contract agency; and
309+18 (3) have adequate staff available twenty-four (24) hours each day
310+19 to respond if the violent offender violates the conditions of a
311+20 home detention order.
312+21 (b) A contract agency that maintains supervision of a violent
313+22 offender under subsection (a)(2) shall notify the contracting probation
314+23 department or community corrections program within one (1) hour if
315+24 the violent offender violates the conditions of a home detention order.
316+25 However, a:
317+26 (1) community corrections advisory board, if the violent offender
318+27 is serving home detention as part of a community corrections
319+28 program; or
320+29 (2) probation department, if the violent offender is serving home
321+30 detention as a condition of probation or bail;
322+31 may shorten the time in which the contract agency must give notice of
323+32 a home detention order violation.
324+33 (c) (b) A probation department or community corrections program
325+34 may contract with a contract agency under subsection (a)(2) (a) only if
326+35 the contract agency can comply with subsection (b). the requirements
327+36 described in IC 35-38-2.7.
328+37 SECTION 16. IC 35-38-2.7 IS ADDED TO THE INDIANA CODE
329+38 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
330+39 JULY 1, 2022]:
331+40 Chapter 2.7. Electronic Monitoring Standards
332+41 Sec. 1. The following definitions apply throughout this chapter:
333+42 (1) "Backup verification method" means a method of
334+ES 9—LS 6480/DI 106 8
335+1 determining whether a tracked individual is in an approved
336+2 location in the event that the tracked individual's monitoring
337+3 device loses communication with the supervising agency. The
338+4 term may include making electronic or telephonic contact
339+5 with an employer of a tracked individual.
340+6 (2) "Monitoring device" has the meaning set forth in
341+7 IC 35-38-2.5-3.
342+8 (3) "Supervising agency" means:
343+9 (A) a court, in the case of an individual who is required to
344+10 wear a monitoring device as a condition of probation or
345+11 pretrial release;
346+12 (B) a community corrections program, in the case of an
347+13 individual who is required to wear a monitoring device as
348+14 a condition of community corrections; or
349+15 (C) the parole board, in the case of an individual who is
350+16 required to wear a monitoring device as a condition of
351+17 parole.
352+18 (4) "Tracked individual" means an individual required to
353+19 wear a monitoring device.
354+20 (5) "Vulnerable victim" means the victim of a crime
355+21 committed or alleged to have been committed by a tracked
356+22 individual:
357+23 (A) under circumstances suggesting that the tracked
358+24 individual may disturb, harass, or harm the victim, as
359+25 determined by a court or the supervising agency;
360+26 (B) if the tracked individual is the subject of a protection
361+27 order, restraining order, or no contact order with respect
362+28 to the victim; or
363+29 (C) that is a crime of domestic or sexual violence (as
364+30 defined in IC 16-18-2-88.5).
365+31 Sec. 2. A supervising agency must do the following:
366+32 (1) An employee of a supervising agency must provide
367+33 notification to the supervising agency as soon as possible, but
368+34 not later than fifteen (15) minutes, after:
369+35 (A) the monitoring device of a tracked individual suffers an
370+36 unexplained or undocumented loss of communication with
371+37 the employee, and the employee is unable to verify the
372+38 tracked individual's presence at an approved location by
373+39 using a backup verification method, if applicable;
374+40 (B) a tracked individual enters a prohibited exclusion zone;
375+41 or
376+42 (C) a tracked individual removes, disables, or otherwise
377+ES 9—LS 6480/DI 106 9
378+1 interferes with a monitoring device.
379+2 In addition, if the tracked individual has committed or is
380+3 alleged to have committed a crime against a vulnerable
381+4 victim, the supervising agency shall notify the vulnerable
382+5 victim and request local law enforcement to conduct a welfare
383+6 check on the vulnerable victim in accordance with the
384+7 protocol developed by the supervising agency under
385+8 subdivision (5).
386+9 (2) Verify in person the location of each tracked individual
387+10 placed on electronic monitoring due to being charged with or
388+11 convicted of:
389+12 (A) a crime of violence (as defined in IC 35-50-1-2(a)); or
390+13 (B) a crime of domestic or sexual violence (as defined in
391+14 IC 16-18-2-88.5);
392+15 by making one (1) scheduled in person contact and one (1)
393+16 unannounced in person contact with the individual in every
394+17 thirty (30) day period.
395+18 (3) Beginning January 1, 2023, transmit a quarterly report to
396+19 the local justice reinvestment advisory council (established by
397+20 IC 33-38-9.5-4) that includes information concerning:
398+21 (A) the total number of tracked individuals under
399+22 supervision, whether they are under pretrial or
400+23 postdisposition supervision, and the charges they are
401+24 facing or have been convicted of;
402+25 (B) the number of tracked individuals under supervision
403+26 assigned to each employee;
404+27 (C) the total costs and fees levied and collected;
405+28 (D) the number of tracked individuals under supervision
406+29 whose supervision has been terminated and the reason for
407+30 termination; and
408+31 (E) the number of false location alerts or device
409+32 malfunctions in the case of each tracked individual under
410+33 supervision.
411+34 The report must be submitted not later than fifteen (15)
412+35 calendar days after the close of each quarter. The local justice
413+36 reinvestment advisory council shall transmit each report
414+37 electronically to the statewide justice reinvestment advisory
415+38 council (established by IC 33-38-9.5-2), which shall publish
416+39 the reports quarterly and electronically transmit the reports
417+40 to the legislative council and to the judicial conference of
418+41 Indiana. The report to the legislative council must be in an
419+42 electronic format under IC 5-14-6.
420+ES 9—LS 6480/DI 106 10
421+1 (4) Establish conditions relating to approved and unapproved
422+2 locations for each tracked individual under the supervising
423+3 agency's supervision.
424+4 (5) Develop and establish a protocol for the supervising
425+5 agency to use in contacting a vulnerable victim and local law
426+6 enforcement with respect to a violation by a tracked
427+7 individual.
428+8 (6) Develop and publish a policy prohibiting certain
429+9 relationships between a tracked individual and a supervising
430+10 agency and employees of a supervising agency, including:
431+11 (A) personal associations and relationships; and
432+12 (B) business relationships.
433+13 (7) Develop or approve detailed contingency plans for the
434+14 supervising agency's operation in case of natural disaster,
435+15 power outage, loss of telephone service, fire, flood, equipment
436+16 malfunction, death, incapacitation, or personal emergency of
437+17 an employee of a supervising agency, and, in the case of a
438+18 supervising agency's contract with a third party contractor,
439+19 the financial insolvency of the third party contractor.
440+20 (8) Specify a backup verification method for a tracked
441+21 individual if there is reason to believe that the tracked
442+22 individual's monitoring device may lose communication with
443+23 the supervising agency at an approved location. However, a
444+24 supervising agency has the discretion to establish a backup
445+25 verification method for any tracked individual regardless of
446+26 whether the supervising agency has reason to believe that the
447+27 monitoring device may lose communication at an approved
448+28 location.
449+29 Sec. 3. (a) The supervising agency shall:
450+30 (1) inform a vulnerable victim of where the tracked individual
451+31 is not permitted to be;
452+32 (2) if the vulnerable victim wishes to be informed if the
453+33 tracked individual commits a violation as described in section
454+34 2(1)(A) through 2(1)(C) of this chapter, obtain the best
455+35 manner of contacting the vulnerable victim from the
456+36 vulnerable victim; and
457+37 (3) advise the vulnerable victim that events such as power
458+38 outages, Internet outages, and natural disasters may interfere
459+39 with the ability of the supervising agency to notify the
460+40 vulnerable victim in a timely manner.
461+41 (b) Upon notice of a possible violation by a tracked individual as
462+42 described in section 2(1)(A) through 2(1)(C) of this chapter, the
463+ES 9—LS 6480/DI 106 11
464+1 supervising agency shall, as soon as practicable, seek a warrant for
465+2 the arrest of the tracked individual.
466+3 Sec. 4. (a) This subsection applies to a tracked individual who is
467+4 charged with or convicted of a crime of violence (as defined in
468+5 IC 35-50-1-2(a)) or a crime of domestic or sexual violence (as
469+6 defined in IC 16-18-2-88.5). As soon as possible, but not later than:
470+7 (1) fifteen (15) minutes after a warrant has been issued for a
471+8 tracked individual to whom this subsection applies, a local law
472+9 enforcement agency shall transmit details of the warrant to all
473+10 active units; and
474+11 (2) sixty (60) minutes after a warrant has been issued for a
475+12 tracked individual to whom this subsection applies, a local law
476+13 enforcement agency shall dispatch a law enforcement officer
477+14 to apprehend the tracked individual.
478+15 (b) This subsection applies to a tracked individual who is not
479+16 charged with or convicted of a crime of violence (as defined in
480+17 IC 35-50-1-2(a)) or a crime of domestic or sexual violence (as
481+18 defined in IC 16-18-2-88.5). As soon as possible, but not later than:
482+19 (1) sixty (60) minutes after a warrant has been issued for a
483+20 tracked individual to whom this subsection applies, a local law
484+21 enforcement agency shall transmit details of the warrant to all
485+22 active units; and
486+23 (2) forty-eight (48) hours after a warrant has been issued for
487+24 a tracked individual to whom this subsection applies, a local
488+25 law enforcement agency shall dispatch a law enforcement
489+26 officer to apprehend the tracked individual.
490+27 (c) The local law enforcement agency shall keep a record of each
491+28 dispatch made under this section.
492+29 Sec. 5. A supervising agency may contract with a third party
493+30 contractor to maintain consistent constant supervision of each
494+31 tracked individual only if the third party contractor can comply
495+32 with the requirements of a supervising agency in this chapter. A
496+33 contract must specify the duties of the third party contractor and
497+34 the duties of the supervising agency described in this chapter. A
498+35 third party contractor:
499+36 (1) may not employ or be owned by any person convicted of a
500+37 felony within the previous seven (7) years; and
501+38 (2) may not employ an individual who was a tracked
502+39 individual within the previous one (1) year.
503+40 Sec. 6. (a) This subsection applies to contracts entered into and
504+41 renewed after June 30, 2022. In addition to any penalties described
505+42 in the contract, a supervising agency may cancel the contract of a
506+ES 9—LS 6480/DI 106 12
507+1 third party contractor that fails to comply with the requirements
508+2 of this chapter.
509+3 (b) If:
510+4 (1) the supervising agency is a court; and
511+5 (2) the supervising agency has:
512+6 (A) canceled a contract under this section; or
513+7 (B) determined that it will not renew its contract with the
514+8 third party contractor due to the contractor's
515+9 performance;
516+10 the supervising agency shall inform the office of judicial
517+11 administration of its act or determination, along with a description
518+12 of its reasons. The office of judicial administration shall inform
519+13 every court that may act as a supervising agency of the identity of
520+14 the third party contractor, of the act or determination made by the
521+15 supervising agency, and of the reasons for the act or determination
522+16 by the supervising agency.
523+17 Sec. 7. (a) Except as described in subsection (b), the following
524+18 are immune from civil liability for an act or omission that occurs
525+19 in connection with the implementation of this chapter:
526+20 (1) A supervising agency.
527+21 (2) A law enforcement agency.
528+22 (3) An employee of a person described in subdivisions (1)
529+23 through (2).
530+24 (b) The immunity described in subsection (a) does not apply if
531+25 the person committed gross negligence or willful or wanton
532+26 misconduct.
533+27 SECTION 17. IC 35-44.1-3-4, AS AMENDED BY P.L.158-2013,
534+28 SECTION 511, IS AMENDED TO READ AS FOLLOWS
535+29 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) This section does not apply
536+30 to a child who:
537+31 (1) flees from lawful detention (as defined in IC 35-31.5-2-186)
538+32 where the child has been placed;
539+33 (2) violates a home detention order imposed on the child;
540+34 (3) removes, disables, or interferes with the operation of an
541+35 electronic monitoring device or GPS tracking device that the
542+36 child is required to wear; or
543+37 (4) fails to return to lawful detention following temporary
544+38 leave granted for a specified purpose or limited period;
545+39 due to an allegation or adjudication that the child committed an act
546+40 described in IC 31-37-2-3 through IC 31-37-2-7 (status offenses),
547+41 unless the child, while committing the offense, draws or uses a
548+42 deadly weapon or inflicts bodily injury on another person.
549+ES 9—LS 6480/DI 106 13
550+1 (b) A person, except as provided in subsection (b), (c), who
551+2 intentionally flees from lawful detention commits escape, a Level 5
552+3 felony. However, the offense is a Level 4 felony if, while committing
553+4 it, the person draws or uses a deadly weapon or inflicts bodily injury on
554+5 another person.
555+6 (b) (c) A person who:
556+7 (1) knowingly or intentionally violates a home detention order,
557+8 except for a provision of a home detention order relating to:
558+9 (A) the possession or consumption of alcohol or a
559+10 controlled substance in the person's home;
560+11 (B) tardiness to or missed appointments with supervising
561+12 staff; or
562+13 (C) the failure to pay user fees; or
563+14 (2) intentionally removes, disables, or interferes with the
564+15 operation of an electronic monitoring device or GPS tracking
565+16 device;
566+17 commits escape, a Level 6 felony.
567+18 (c) (d) A person who knowingly or intentionally fails to return to
568+19 lawful detention following temporary leave granted for a specified
569+20 purpose or limited period commits failure to return to lawful detention,
570+21 a Level 6 felony. However, the offense is a Level 5 felony if, while
571+22 committing it, the person draws or uses a deadly weapon or inflicts
572+23 bodily injury on another person.
573+24 SECTION 18. An emergency is declared for this act.
574+ES 9—LS 6480/DI 106 14
575+COMMITTEE REPORT
576+Madam President: The Senate Committee on Corrections and
577+Criminal Law, to which was referred Senate Bill No. 9, has had the
578+same under consideration and begs leave to report the same back to the
579+Senate with the recommendation that said bill be AMENDED as
580+follows:
581+Page 1, between the enacting clause and line 1, begin a new
582+paragraph and insert:
583+"SECTION 1. IC 31-37-2-8 IS ADDED TO THE INDIANA CODE
584+AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
585+1, 2022]: Sec. 8. A child commits a delinquent act if, before
586+becoming eighteen (18) years of age, the child:
587+(1) intentionally flees from lawful detention (as defined in
588+IC 35-31.5-2-186) where the child has been placed;
589+(2) knowingly or intentionally violates a home detention order
590+imposed on the child;
591+(3) intentionally removes, disables, or interferes with the
592+operation of an electronic monitoring device or GPS tracking
593+device that the child is required to wear; or
594+(4) knowingly or intentionally fails to return to lawful
595+detention following temporary leave granted for a specified
596+purpose or limited period;
597+due to an allegation or adjudication that the child committed an act
598+described in this chapter.
599+SECTION 2. IC 34-30-2-149.7 IS ADDED TO THE INDIANA
600+CODE AS A NEW SECTION TO READ AS FOLLOWS
601+[EFFECTIVE JULY 1, 2022]: Sec. 149.7. IC 35-38-2.7 (Concerning
602+electronic monitoring standards).
603+SECTION 3. IC 35-31.5-2-204.7 IS ADDED TO THE INDIANA
604+CODE AS A NEW SECTION TO READ AS FOLLOWS
605+[EFFECTIVE JULY 1, 2022]: Sec. 204.7. "Monitor", for purposes
606+of IC 35-38-2.7, has the meaning set forth in IC 35-38-2.7-1.".
607+Page 1, between lines 5 and 6, begin a new paragraph and insert:
608+"SECTION 4. IC 35-31.5-2-318.5 IS ADDED TO THE INDIANA
609+CODE AS A NEW SECTION TO READ AS FOLLOWS
610+[EFFECTIVE JULY 1, 2022]: Sec. 318.5. "Supervising agency", for
611+purposes of IC 35-38-2.7, has the meaning set forth in
612+IC 35-38-2.7-1.
613+SECTION 5. IC 35-31.5-2-337.3 IS ADDED TO THE INDIANA
614+CODE AS A NEW SECTION TO READ AS FOLLOWS
615+[EFFECTIVE JULY 1, 2022]: Sec. 337.3. "Tracked individual", for
616+purposes of IC 35-38-2.7, has the meaning set forth in
617+ES 9—LS 6480/DI 106 15
618+IC 35-38-2.7-1.
619+SECTION 6. IC 35-31.5-2-352.5 IS ADDED TO THE INDIANA
620+CODE AS A NEW SECTION TO READ AS FOLLOWS
621+[EFFECTIVE JULY 1, 2022]: Sec. 352.5. "Vulnerable victim", for
622+purposes of IC 35-38-2.7, has the meaning set forth in
623+IC 35-38-2.7-1.".
624+Page 1, delete lines 6 through 17.
625+Delete page 2.
626+Page 3, delete lines 1 through 5.
627+Page 4, between lines 25 and 26, begin a new line block indented
628+and insert:
629+"(5) "Vulnerable victim" means the victim of a crime
630+committed or alleged to have been committed by a tracked
631+individual:
632+(A) under circumstances suggesting that the tracked
633+individual may disturb, harass, or harm the victim, as
634+determined by a court or the supervising agency;
635+(B) if the tracked individual is the subject of a protection
636+order, restraining order, or no contact order with respect
637+to the victim; or
638+(C) that is a crime of domestic or sexual violence (as
639+defined in IC 16-18-2-88.5).".
640+Page 4, delete lines 26 through 42, begin a new paragraph and
641+insert:
642+"Sec. 2. A monitor must do the following:
643+(1) Provide notification to the supervising agency as soon as
644+possible, but not later than fifteen (15) minutes, after:
645+(A) the monitoring device of a tracked individual suffers an
646+unexplained or undocumented loss of communication with
647+the monitor;
648+(B) a tracked individual enters a prohibited exclusion zone;
649+or
650+(C) a tracked individual removes, disables, or otherwise
651+interferes with a monitoring device.
652+In addition, if the tracked individual has committed or is
653+alleged to have committed a crime against a vulnerable
654+victim, the monitor shall notify the vulnerable victim and
655+request local law enforcement to conduct a welfare check on
656+the vulnerable victim in accordance with the protocol
657+developed by the supervising agency under section 3 of this
658+chapter.
659+(2) Employ at least one (1) employee per:
660+ES 9—LS 6480/DI 106 16
661+(A) thirty (30) tracked individuals placed on electronic
662+monitoring due to being charged with or convicted of:
663+(i) a crime of violence (as defined in IC 35-50-1-2(a)); or
664+(ii) a crime of domestic or sexual violence (as defined in
665+IC 16-18-2-88.5); or
666+(B) seventy-five (75) tracked individuals placed on
667+electronic monitoring who are not charged with or
668+convicted of:
669+(i) a crime of violence (as defined in IC 35-50-1-2(a)); or
670+(ii) a crime of domestic or sexual violence (as defined in
671+IC 16-18-2-88.5).
672+(3) Verify in person the location of each tracked individual
673+placed on electronic monitoring due to being charged with or
674+convicted of:
675+(A) a crime of violence (as defined in IC 35-50-1-2(a)); or
676+(B) a crime of domestic or sexual violence (as defined in
677+IC 16-18-2-88.5);
678+by making one (1) scheduled in person contact and one (1)
679+unannounced in person contact with the individual in every
680+thirty (30) day period.
681+(4) Transmit a quarterly report to the local justice
682+reinvestment advisory council (established by IC 33-38-9.5-4)
683+that includes information concerning:
684+(A) the total number of persons under supervision,
685+whether they are under pretrial or post-disposition
686+supervision, and the charges they are facing or have been
687+convicted of;
688+(B) the number of persons under supervision assigned to
689+each employee;
690+(C) the total costs and fees levied and collected;
691+(D) the number of persons under supervision whose
692+supervision has been terminated and the reason for
693+termination; and
694+(E) the number of false location alerts or device
695+malfunctions in the case of each person under supervision.
696+The report must be submitted not later than fifteen (15)
697+calendar days after the close of each quarter. The local justice
698+reinvestment advisory council shall transmit each report
699+electronically to the legislative council and to the statewide
700+justice reinvestment advisory council (established by
701+IC 33-38-9.5-2), which shall publish the reports quarterly. The
702+report to the legislative council must be in an electronic
703+ES 9—LS 6480/DI 106 17
704+format under IC 5-14-6.".
705+Page 5, line 8, after "agency," insert "vulnerable".
706+Page 5, delete lines 27 through 42, begin a new paragraph and
707+insert:
708+"Sec. 5. (a) The supervising agency shall:
709+(1) inform a vulnerable victim of where the tracked individual
710+is not permitted to be;
711+(2) if the vulnerable victim wishes to be informed if the
712+tracked individual commits a violation as described in section
713+2(1)(A) through 2(1)(C) of this chapter, obtain the best
714+manner of contacting the vulnerable victim from the
715+vulnerable victim and provide this information to the
716+monitor; and
717+(3) advise the vulnerable victim that events such as power
718+outages, Internet outages, and natural disasters may interfere
719+with the ability of the monitor to notify the vulnerable victim
720+in a timely manner.
721+(b) Upon notice from a monitor of a possible violation by a
722+tracked individual as described in section 2(1)(A) through 2(1)(C)
723+of this chapter, the supervising agency shall, as soon as practicable,
724+seek a warrant for the arrest of the tracked individual.
725+Sec. 6. (a) This subsection applies to a tracked individual who is
726+charged with or convicted of a crime of violence (as defined in
727+IC 35-50-1-2(a)) or a crime of domestic or sexual violence (as
728+defined in IC 16-18-2-88.5). As soon as possible, but not later than:
729+(1) fifteen (15) minutes after a warrant has been issued for a
730+tracked individual to whom this subsection applies, a local law
731+enforcement agency shall transmit details of the warrant to all
732+active units; and
733+(2) sixty (60) minutes after a warrant has been issued for a
734+tracked individual to whom this subsection applies, a local law
735+enforcement agency shall dispatch a law enforcement officer
736+to apprehend the tracked individual.
737+(b) This subsection applies to a tracked individual who is not
738+charged with or convicted of a crime of violence (as defined in
739+IC 35-50-1-2(a)) or a crime of domestic or sexual violence (as
740+defined in IC 16-18-2-88.5). As soon as possible, but not later than:
741+(1) sixty (60) minutes after a warrant has been issued for a
742+tracked individual to whom this subsection applies, a local law
743+enforcement agency shall transmit details of the warrant to all
744+active units; and
745+(2) forty-eight (48) hours after a warrant has been issued for
746+ES 9—LS 6480/DI 106 18
747+a tracked individual to whom this subsection applies, a local
748+law enforcement agency shall dispatch a law enforcement
749+officer to apprehend the tracked individual.
750+(c) The local law enforcement agency shall keep a record of each
751+dispatch made under this section.".
752+Page 6, delete line 1.
753+Page 6, between lines 20 and 21, begin a new paragraph and insert:
754+"Sec. 8. (a) Except as described in subsection (b), the following
755+are immune from civil liability for an act or omission that occurs
756+in connection with the implementation of this chapter:
757+(1) A monitor.
758+(2) A supervising agency.
759+(3) A law enforcement agency.
760+(4) An employee of a person described in subdivisions (1)
761+through (3).
762+(b) The immunity described in subsection (a) does not apply if
763+the person committed gross negligence or willful or wanton
764+misconduct.".
765+Page 6, delete lines 21 through 37, begin a new paragraph and
766+insert:
767+"SECTION 11. IC 35-44.1-3-4, AS AMENDED BY P.L.158-2013,
768+SECTION 511, IS AMENDED TO READ AS FOLLOWS
769+[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) This section does not apply
770+to a child who:
771+(1) flees from lawful detention (as defined in IC 35-31.5-2-186)
772+where the child has been placed;
773+(2) violates a home detention order imposed on the child;
774+(3) removes, disables, or interferes with the operation of an
775+electronic monitoring device or GPS tracking device that the
776+child is required to wear; or
777+(4) fails to return to lawful detention following temporary
778+leave granted for a specified purpose or limited period;
779+due to an allegation or adjudication that the child committed an act
780+described in IC 31-37-2-3 through IC 31-37-2-7 (status offenses),
781+unless the child, while committing the offense, draws or uses a
782+deadly weapon or inflicts bodily injury on another person.
783+(b) A person, except as provided in subsection (b), (c), who
784+intentionally flees from lawful detention commits escape, a Level 5
785+felony. However, the offense is a Level 4 felony if, while committing
786+it, the person draws or uses a deadly weapon or inflicts bodily injury on
787+another person.
788+(b) (c) A person who:
789+ES 9—LS 6480/DI 106 19
790+(1) knowingly or intentionally violates a home detention order; or
791+(2) intentionally removes, disables, or interferes with the
792+operation of an electronic monitoring device or GPS tracking
793+device;
794+commits escape, a Level 6 felony.
795+(c) (d) A person who knowingly or intentionally fails to return to
796+lawful detention following temporary leave granted for a specified
797+purpose or limited period commits failure to return to lawful detention,
798+a Level 6 felony. However, the offense is a Level 5 felony if, while
799+committing it, the person draws or uses a deadly weapon or inflicts
800+bodily injury on another person.".
801+Renumber all SECTIONS consecutively.
802+and when so amended that said bill do pass.
803+(Reference is to SB 9 as introduced.)
804+YOUNG M, Chairperson
805+Committee Vote: Yeas 9, Nays 0.
806+_____
807+SENATE MOTION
808+Madam President: I move that Senate Bill 9 be amended to read as
809+follows:
810+Page 2, between lines 3 and 4, begin a new paragraph and insert:
811+"SECTION 3. IC 35-31.5-2-24.7 IS ADDED TO THE INDIANA
812+CODE AS A NEW SECTION TO READ AS FOLLOWS
813+[EFFECTIVE JULY 1, 2022]: Sec. 24.7. "Backup verification
814+method", for purposes of IC 35-38-2.7, has the meaning set forth
815+in IC 35-38-2.7-1.".
816+Page 3, between lines 26 and 27, begin a new line block indented
817+and insert:
818+"(1) "Backup verification method" means a method of
819+determining whether a tracked individual is in an approved
820+location in the event that the tracked individual's monitoring
821+device loses communication with the monitor. The term may
822+include making electronic or telephonic contact with an
823+employer of a tracked individual.".
824+Page 3, line 27, delete "(1)" and insert "(2)".
825+Page 3, line 34, delete "(2)" and insert "(3)".
826+ES 9—LS 6480/DI 106 20
827+Page 3, line 36, delete "(3)" and insert "(4)".
828+Page 4, line 4, delete "(4)" and insert "(5)".
829+Page 4, line 6, delete "(5)" and insert "(6)".
830+Page 4, line 22, delete "monitor;" and insert "monitor, and the
831+monitor is unable to verify the tracked individual's presence at an
832+approved location by using a backup verification method, if
833+applicable;".
834+Page 6, between lines 14 and 15, begin a new line block indented
835+and insert:
836+"(6) Specify a backup verification method for a tracked
837+individual if there is reason to believe that the tracked
838+individual's monitoring device may lose communication with
839+the monitor at an approved location. However, a supervising
840+agency has the discretion to establish a backup verification
841+method for any tracked individual regardless of whether the
842+supervising agency has reason to believe that the monitoring
843+device may lose communication at an approved location.".
844+(Reference is to SB 9 as printed January 21, 2022.)
845+WALKER K
846+_____
847+SENATE MOTION
848+Madam President: I move that Senate Bill 9 be amended to read as
849+follows:
850+Page 8, line 31, delete "order;" and insert "order, except for a
851+provision of a home detention order relating to:
852+(A) the possession or consumption of alcohol or a
853+controlled substance in the person's home;
854+(B) tardiness to or missed appointments with supervising
855+staff; or
856+(C) the failure to pay user fees;".
857+(Reference is to SB 9 as printed January 21, 2022.)
858+POL JR.
859+_____
860+COMMITTEE REPORT
861+Mr. Speaker: Your Committee on Courts and Criminal Code, to
862+ES 9—LS 6480/DI 106 21
863+which was referred Senate Bill 9, has had the same under consideration
864+and begs leave to report the same back to the House with the
865+recommendation that said bill be amended as follows:
866+Page 1, between the enacting clause and line 1, begin a new
867+paragraph and insert:
868+"SECTION 1. IC 11-13-1-4 IS AMENDED TO READ AS
16869 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) Every probation
17870 department shall annually compile, and make available to the judicial
18871 conference of Indiana upon request, accurate statistical information
19872 pertaining to its operation, including:
20873 (1) presentence and predisposition reports prepared;
21874 (2) investigations and reports regarding cases assigned to that
22875 probation department and disposed of prior to trial;
23876 (3) cases disposed of by termination of supervision, including
24877 revocation of probation;
25878 (4) that probation department's operational costs, including
26879 salaries of probation officers and administrative personnel; and
27880 (5) persons employed.
28881 (b) Before January 5 of each year each probation department shall
29882 send to the judicial conference the following statistical information
30883 concerning home detention for the preceding calendar year:
31884 (1) The number of persons supervised by the department or by a
32885 community corrections program who were placed in home
33886 detention under IC 35-38-2.5.
34887 (2) The number of persons supervised by the department or by a
35888 community corrections program who successfully completed a
36-SEA 9 — Concur 2
37889 period of home detention ordered under IC 35-38-2.5.
38890 (3) The number of persons supervised by the department or by a
39891 community corrections program who failed to complete a period
40892 of home detention ordered under IC 35-38-2.5, and a description
41893 of the subsequent disposition for those persons.
42894 (4) For each person under home detention supervised by the
43895 department or by a community corrections program, a description
44896 of the most serious offense for which the person was convicted
45897 with the resulting sentence including a period of home detention
46898 ordered as a condition of probation.
47899 (5) The amount of home detention user fees collected by the
48900 department under IC 35-38-2.5.
49901 (6) The amount of home detention user fees deposited into the
50902 community corrections home detention fund for the county in
51903 which the department is located.
52904 (7) The average expense per person placed in home detention
905+ES 9—LS 6480/DI 106 22
53906 supervised by the department with a monitoring device.
54907 (8) The average expense per person placed in home detention
55908 supervised by the department without a monitoring device.
56909 SECTION 2. IC 11-13-1-9, AS AMENDED BY P.L.24-2014,
57910 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
58911 JULY 1, 2022]: Sec. 9. (a) The judicial conference of Indiana shall:
59912 (1) keep informed of the work of all probation departments;
60913 (2) compile and publish statistical and other information that may
61914 be of value to the probation service;
62915 (3) inform courts and probation departments of legislation
63916 concerning probation and of other developments in probation;
64917 (4) submit to the general assembly before January 15 of each year
65918 a report in an electronic format under IC 5-14-6 compiling the
66919 statistics provided to the judicial conference by probation
67920 departments the local justice reinvestment advisory council
68-under section 4(b) of this chapter; IC 35-38-2.7-2(3); and
921+under section 4(b) of this chapter; IC 35-38-2.7-2(4); and
69922 (5) require probation departments to submit a community
70923 supervision collaboration plan as described in IC 11-12-2-4.
71924 (b) The conference may:
72925 (1) visit and inspect any probation department and confer with
73926 probation officers and judges administering probation; and
74927 (2) require probation departments to submit periodic reports of
75-their work on forms furnished by the conference.
76-SECTION 3. IC 31-37-2-8 IS ADDED TO THE INDIANA CODE
77-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
78-1, 2022]: Sec. 8. A child commits a delinquent act if, before
79-SEA 9 — Concur 3
80-becoming eighteen (18) years of age, the child:
81-(1) intentionally flees from lawful detention (as defined in
82-IC 35-31.5-2-186) where the child has been placed;
83-(2) knowingly or intentionally violates a home detention order
84-imposed on the child;
85-(3) intentionally removes, disables, or interferes with the
86-operation of an electronic monitoring device or GPS tracking
87-device that the child is required to wear; or
88-(4) knowingly or intentionally fails to return to lawful
89-detention following temporary leave granted for a specified
90-purpose or limited period;
91-due to an allegation or adjudication that the child committed an act
92-described in this chapter.
93-SECTION 4. IC 33-38-9.5-7 IS ADDED TO THE INDIANA CODE
94-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
95-UPON PASSAGE]: Sec. 7. (a) The advisory council shall conduct a
96-review of statutes concerning electronic monitoring and home
97-detention and recommend electronic monitoring standards, which
98-may include the following:
99-(1) Administration standards, such as establishing policy,
100-procedure, and reporting requirements.
101-(2) Supervision standards, such as establishing the number of
102-individuals supervised by at least one (1) employee of a
103-supervising agency, contacts with tracked individuals,
104-reporting of violations, and any associated fiscal impact
105-relating to these matters.
106-(3) Any other issues related to establishing electronic
107-monitoring standards deemed appropriate by the advisory
108-council.
109-(b) The advisory council shall submit a final report containing
110-findings not later than December 1, 2022, to the legislative council
111-in an electronic format under IC 5-14-6.
112-(c) This section expires January 1, 2023.
113-SECTION 5. IC 34-30-2-149.7 IS ADDED TO THE INDIANA
114-CODE AS A NEW SECTION TO READ AS FOLLOWS
115-[EFFECTIVE JULY 1, 2022]: Sec. 149.7. IC 35-38-2.7 (Concerning
116-electronic monitoring standards).
117-SECTION 6. IC 35-31.5-2-24.7 IS ADDED TO THE INDIANA
118-CODE AS A NEW SECTION TO READ AS FOLLOWS
119-[EFFECTIVE JULY 1, 2022]: Sec. 24.7. "Backup verification
120-method", for purposes of IC 35-38-2.7, has the meaning set forth
121-in IC 35-38-2.7-1.
122-SEA 9 — Concur 4
123-SECTION 7. IC 35-31.5-2-205, AS ADDED BY P.L.114-2012,
124-SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
125-JULY 1, 2022]: Sec. 205. "Monitoring device", for purposes of
126-IC 35-33-8-11, IC 35-38-2.5, and IC 35-38-2.7, has the meaning set
127-forth in IC 35-38-2.5-3.
128-SECTION 8. IC 35-31.5-2-318.5 IS ADDED TO THE INDIANA
129-CODE AS A NEW SECTION TO READ AS FOLLOWS
130-[EFFECTIVE JULY 1, 2022]: Sec. 318.5. "Supervising agency", for
131-purposes of IC 35-38-2.7, has the meaning set forth in
132-IC 35-38-2.7-1.
133-SECTION 9. IC 35-31.5-2-337.3 IS ADDED TO THE INDIANA
134-CODE AS A NEW SECTION TO READ AS FOLLOWS
135-[EFFECTIVE JULY 1, 2022]: Sec. 337.3. "Tracked individual", for
136-purposes of IC 35-38-2.7, has the meaning set forth in
137-IC 35-38-2.7-1.
138-SECTION 10. IC 35-31.5-2-352.5 IS ADDED TO THE INDIANA
139-CODE AS A NEW SECTION TO READ AS FOLLOWS
140-[EFFECTIVE JULY 1, 2022]: Sec. 352.5. "Vulnerable victim", for
141-purposes of IC 35-38-2.7, has the meaning set forth in
142-IC 35-38-2.7-1.
143-SECTION 11. IC 35-33-8-11, AS AMENDED BY P.L.114-2012,
144-SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
145-JULY 1, 2022]: Sec. 11. (a) A court may require a person who has been
146-charged with a crime of domestic violence (as described in
147-IC 35-31.5-2-78) to wear a GPS tracking monitoring device as a
148-condition of bail.
149-(b) A court may order a person who is required to wear a GPS
150-tracking monitoring device under subsection (a) to pay any costs
151-associated with the GPS tracking monitoring device.
152-SECTION 12. IC 35-38-2.5-2.3 IS AMENDED TO READ AS
928+their work on forms furnished by the conference.".
929+Page 2, between lines 41 and 42, begin a new paragraph and insert:
930+"SECTION 10. IC 35-38-2.5-2.3 IS AMENDED TO READ AS
153931 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2.3. As used in this
154932 chapter, "constant supervision" means monitoring a violent offender
155933 twenty-four (24) hours each day by means in accordance with the
156-requirements described in section 12(b) of this chapter. IC 35-38-2.7.
157-SECTION 13. IC 35-38-2.5-3, AS AMENDED BY P.L.170-2014,
158-SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
159-JULY 1, 2022]: Sec. 3. (a) As used in this chapter, "monitoring device"
160-means an electronic device that:
161-(1) can record or transmit information twenty-four (24) hours
162-each day regarding an offender's
163-(A) presence or absence from the offender's home; or
164-(B) precise location;
165-SEA 9 — Concur 5
166-(2) is minimally intrusive upon the privacy of the offender or
167-other persons residing in the offender's home;
168-(3) with the written consent of the offender and with the written
169-consent of other persons residing in the home at the time an order
170-for home detention is entered, may record or transmit:
171-(A) a visual image;
172-(B) an electronic communication or any sound; or
173-(C) information regarding the offender's activities while inside
174-the offender's home; and
175-(4) can notify a probation department, a community corrections
176-program, the parole board, a pretrial services agency, or a
177-contract agency if the offender violates the terms of a home
178-detention order.
179-(b) The term includes any device that can reliably determine the
180-location of an offender and track the locations where the offender has
181-been, including a device that uses a global positioning system satellite
182-service.
183-(c) The term does not include an unmanned aerial vehicle (as
184-defined in IC 35-31.5-2-342.3).
185-SECTION 14. IC 35-38-2.5-10, AS AMENDED BY P.L.31-2005,
934+requirements described in section 12(b) of this chapter.
935+IC 35-38-2.7.".
936+Page 3, between lines 26 and 27, begin a new paragraph and insert:
937+"SECTION 14. IC 35-38-2.5-10, AS AMENDED BY P.L.31-2005,
186938 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
187939 JULY 1, 2022]: Sec. 10. (a) Each probation department or community
188940 corrections program shall establish written criteria and procedures for
189941 determining whether an offender or alleged offender that the
190942 department or program supervises on home detention qualifies as a
191943 violent offender.
192944 (b) A probation department or community corrections program shall
193945 use the criteria and procedures established under subsection (a) to
194946 establish a record keeping system that allows the department or
195947 program to quickly determine whether an offender or alleged offender
948+ES 9—LS 6480/DI 106 23
196949 who violates the terms of a home detention order is a violent offender.
197950 (c) A probation department or a community corrections program
198951 charged by a court with supervision of offenders and alleged offenders
199952 ordered to undergo home detention shall provide all law enforcement
200953 agencies (including any contract agencies) having jurisdiction in the
201954 place where the probation department or a community corrections
202955 program is located with a list of offenders and alleged offenders under
203956 home detention supervised by the probation department or the
204957 community corrections program. The list must include the following
205958 information about each offender and alleged offender:
206959 (1) The offender's name, any known aliases, and the location of
207960 the offender's home detention.
208-SEA 9 — Concur 6
209961 (2) The crime for which the offender was convicted.
210962 (3) The date the offender's home detention expires.
211963 (4) The name, address, and telephone number of the offender's
212964 supervising probation or community corrections program officer
213965 for home detention.
214966 (5) An indication of whether the offender or alleged offender is a
215967 violent offender.
216968 (d) Except as provided under section 6(1) of this chapter, a
217969 probation department or community corrections program charged by a
218970 court with supervision of offenders and alleged offenders ordered to
219971 undergo home detention shall, at the beginning of a period of home
220972 detention, set the monitoring device and surveillance equipment to
221973 minimize the possibility that the offender or alleged offender can enter
222974 another residence or structure without a violation.
223975 (e) A probation department or community corrections program
224976 charged by a court with supervision of offenders and alleged offenders
225977 ordered to undergo home detention shall
226978 (1) maintain or contract with a contract agency to maintain
227979 constant supervision of each offender and alleged offender in
228980 accordance with IC 35-38-2.7. and
229981 (2) have adequate staff available twenty-four (24) hours each day
230982 to respond if an offender or alleged offender violates the
231983 conditions of a home detention order.
232984 (f) A contract agency that maintains supervision of an offender or
233985 alleged offender under subsection (e)(1) shall notify the contracting
234986 probation department or community corrections program within one (1)
235987 hour if the offender or alleged offender violates the conditions of a
236988 home detention order. However:
237989 (1) a community corrections advisory board, if the offender is
238990 serving home detention as part of a community corrections
991+ES 9—LS 6480/DI 106 24
239992 program; or
240993 (2) a probation department, if the offender or alleged offender is
241994 serving home detention as a condition of probation or bail;
242995 may shorten the time in which the contract agency must give notice of
243996 a home detention order violation.
244997 (g) (f) A probation department or community corrections program
245998 may contract with a contract agency under subsection (e)(1) (e) only if
246999 the contract agency can comply with subsection (f). the requirements
2471000 described in IC 35-38-2.7.
2481001 SECTION 15. IC 35-38-2.5-12, AS AMENDED BY P.L.31-2005,
2491002 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2501003 JULY 1, 2022]: Sec. 12. (a) A probation department or community
251-SEA 9 — Concur 7
2521004 corrections program charged by a court with supervision of a violent
2531005 offender placed on home detention under this chapter shall comply
2541006 with IC 35-38-2.7.
2551007 (1) cause a local law enforcement agency or contract agency
2561008 described in section 10 of this chapter to be the initial agency
2571009 contacted upon determining that the violent offender is in
2581010 violation of a home detention order;
2591011 (2) maintain constant supervision of the violent offender using
2601012 surveillance equipment and a monitoring device that can transmit
2611013 information twenty-four (24) hours each day regarding an
2621014 offender's precise location by either:
2631015 (A) using the supervising entity's equipment and personnel; or
2641016 (B) contracting with a contract agency; and
2651017 (3) have adequate staff available twenty-four (24) hours each day
2661018 to respond if the violent offender violates the conditions of a
2671019 home detention order.
2681020 (b) A contract agency that maintains supervision of a violent
2691021 offender under subsection (a)(2) shall notify the contracting probation
2701022 department or community corrections program within one (1) hour if
2711023 the violent offender violates the conditions of a home detention order.
2721024 However, a:
2731025 (1) community corrections advisory board, if the violent offender
2741026 is serving home detention as part of a community corrections
2751027 program; or
2761028 (2) probation department, if the violent offender is serving home
2771029 detention as a condition of probation or bail;
2781030 may shorten the time in which the contract agency must give notice of
2791031 a home detention order violation.
2801032 (c) (b) A probation department or community corrections program
2811033 may contract with a contract agency under subsection (a)(2) (a) only if
1034+ES 9—LS 6480/DI 106 25
2821035 the contract agency can comply with subsection (b). the requirements
283-described in IC 35-38-2.7.
284-SECTION 16. IC 35-38-2.7 IS ADDED TO THE INDIANA CODE
1036+described in IC 35-38-2.7.".
1037+Page 5, line 26, delete "Transmit" and insert "Beginning January
1038+1, 2023, transmit".
1039+Page 5, line 30, delete "post-disposition" and insert
1040+"postdisposition".
1041+Page 6, line 2, delete "council" and insert "council, to the judicial
1042+conference of Indiana,".
1043+Renumber all SECTIONS consecutively.
1044+and when so amended that said bill do pass.
1045+(Reference is to SB 9 as reprinted January 25, 2022.)
1046+MCNAMARA
1047+Committee Vote: yeas 9, nays 0.
1048+_____
1049+HOUSE MOTION
1050+Mr. Speaker: I move that Engrossed Senate Bill 9 be amended to
1051+read as follows:
1052+Page 2, line 36, delete "IC 35-38-2.7-2(4);" and insert "IC
1053+35-38-2.7-2(3);".
1054+Page 3, between lines 17 and 18, begin a new paragraph and insert:
1055+"SECTION 4. IC 33-38-9.5-7 IS ADDED TO THE INDIANA
1056+CODE AS A NEW SECTION TO READ AS FOLLOWS
1057+[EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The advisory council
1058+shall conduct a review of statutes concerning electronic monitoring
1059+and home detention and recommend electronic monitoring
1060+standards, which may include the following:
1061+(1) Administration standards, such as establishing policy,
1062+procedure, and reporting requirements.
1063+(2) Supervision standards, such as establishing the number of
1064+individuals supervised by at least one (1) employee of a
1065+supervising agency, contacts with tracked individuals,
1066+reporting of violations, and any associated fiscal impact
1067+relating to these matters.
1068+(3) Any other issues related to establishing electronic
1069+monitoring standards deemed appropriate by the advisory
1070+council.
1071+(b) The advisory council shall submit a final report containing
1072+ES 9—LS 6480/DI 106 26
1073+findings not later than December 1, 2022, to the legislative council
1074+in an electronic format under IC 5-14-6.
1075+(c) This section expires January 1, 2023.".
1076+Page 3, delete lines 27 through 30.
1077+Page 7, delete lines 21 through 42, begin a new paragraph and
1078+insert:
1079+"SECTION 17. IC 35-38-2.7 IS ADDED TO THE INDIANA CODE
2851080 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
2861081 JULY 1, 2022]:
2871082 Chapter 2.7. Electronic Monitoring Standards
2881083 Sec. 1. The following definitions apply throughout this chapter:
2891084 (1) "Backup verification method" means a method of
2901085 determining whether a tracked individual is in an approved
2911086 location in the event that the tracked individual's monitoring
2921087 device loses communication with the supervising agency. The
2931088 term may include making electronic or telephonic contact
294-SEA 9 — Concur 8
2951089 with an employer of a tracked individual.
2961090 (2) "Monitoring device" has the meaning set forth in
2971091 IC 35-38-2.5-3.
2981092 (3) "Supervising agency" means:
2991093 (A) a court, in the case of an individual who is required to
3001094 wear a monitoring device as a condition of probation or
3011095 pretrial release;
3021096 (B) a community corrections program, in the case of an
3031097 individual who is required to wear a monitoring device as
3041098 a condition of community corrections; or
3051099 (C) the parole board, in the case of an individual who is
3061100 required to wear a monitoring device as a condition of
3071101 parole.
3081102 (4) "Tracked individual" means an individual required to
3091103 wear a monitoring device.
3101104 (5) "Vulnerable victim" means the victim of a crime
3111105 committed or alleged to have been committed by a tracked
3121106 individual:
3131107 (A) under circumstances suggesting that the tracked
3141108 individual may disturb, harass, or harm the victim, as
3151109 determined by a court or the supervising agency;
3161110 (B) if the tracked individual is the subject of a protection
3171111 order, restraining order, or no contact order with respect
3181112 to the victim; or
3191113 (C) that is a crime of domestic or sexual violence (as
3201114 defined in IC 16-18-2-88.5).
1115+ES 9—LS 6480/DI 106 27
3211116 Sec. 2. A supervising agency must do the following:
3221117 (1) An employee of a supervising agency must provide
3231118 notification to the supervising agency as soon as possible, but
3241119 not later than fifteen (15) minutes, after:
3251120 (A) the monitoring device of a tracked individual suffers an
3261121 unexplained or undocumented loss of communication with
3271122 the employee, and the employee is unable to verify the
3281123 tracked individual's presence at an approved location by
3291124 using a backup verification method, if applicable;
3301125 (B) a tracked individual enters a prohibited exclusion zone;
3311126 or
3321127 (C) a tracked individual removes, disables, or otherwise
3331128 interferes with a monitoring device.
3341129 In addition, if the tracked individual has committed or is
3351130 alleged to have committed a crime against a vulnerable
3361131 victim, the supervising agency shall notify the vulnerable
337-SEA 9 — Concur 9
3381132 victim and request local law enforcement to conduct a welfare
3391133 check on the vulnerable victim in accordance with the
3401134 protocol developed by the supervising agency under
3411135 subdivision (5).
3421136 (2) Verify in person the location of each tracked individual
3431137 placed on electronic monitoring due to being charged with or
3441138 convicted of:
3451139 (A) a crime of violence (as defined in IC 35-50-1-2(a)); or
3461140 (B) a crime of domestic or sexual violence (as defined in
3471141 IC 16-18-2-88.5);
3481142 by making one (1) scheduled in person contact and one (1)
3491143 unannounced in person contact with the individual in every
3501144 thirty (30) day period.
3511145 (3) Beginning January 1, 2023, transmit a quarterly report to
3521146 the local justice reinvestment advisory council (established by
3531147 IC 33-38-9.5-4) that includes information concerning:
3541148 (A) the total number of tracked individuals under
3551149 supervision, whether they are under pretrial or
3561150 postdisposition supervision, and the charges they are
3571151 facing or have been convicted of;
3581152 (B) the number of tracked individuals under supervision
3591153 assigned to each employee;
3601154 (C) the total costs and fees levied and collected;
3611155 (D) the number of tracked individuals under supervision
3621156 whose supervision has been terminated and the reason for
3631157 termination; and
1158+ES 9—LS 6480/DI 106 28
3641159 (E) the number of false location alerts or device
3651160 malfunctions in the case of each tracked individual under
3661161 supervision.
3671162 The report must be submitted not later than fifteen (15)
3681163 calendar days after the close of each quarter. The local justice
3691164 reinvestment advisory council shall transmit each report
3701165 electronically to the statewide justice reinvestment advisory
3711166 council (established by IC 33-38-9.5-2), which shall publish
3721167 the reports quarterly and electronically transmit the reports
3731168 to the legislative council and to the judicial conference of
3741169 Indiana. The report to the legislative council must be in an
3751170 electronic format under IC 5-14-6.
3761171 (4) Establish conditions relating to approved and unapproved
3771172 locations for each tracked individual under the supervising
3781173 agency's supervision.
3791174 (5) Develop and establish a protocol for the supervising
380-SEA 9 — Concur 10
3811175 agency to use in contacting a vulnerable victim and local law
3821176 enforcement with respect to a violation by a tracked
3831177 individual.
3841178 (6) Develop and publish a policy prohibiting certain
3851179 relationships between a tracked individual and a supervising
3861180 agency and employees of a supervising agency, including:
3871181 (A) personal associations and relationships; and
3881182 (B) business relationships.
3891183 (7) Develop or approve detailed contingency plans for the
3901184 supervising agency's operation in case of natural disaster,
3911185 power outage, loss of telephone service, fire, flood, equipment
3921186 malfunction, death, incapacitation, or personal emergency of
3931187 an employee of a supervising agency, and, in the case of a
3941188 supervising agency's contract with a third party contractor,
3951189 the financial insolvency of the third party contractor.
3961190 (8) Specify a backup verification method for a tracked
3971191 individual if there is reason to believe that the tracked
3981192 individual's monitoring device may lose communication with
3991193 the supervising agency at an approved location. However, a
4001194 supervising agency has the discretion to establish a backup
4011195 verification method for any tracked individual regardless of
4021196 whether the supervising agency has reason to believe that the
4031197 monitoring device may lose communication at an approved
4041198 location.
4051199 Sec. 3. (a) The supervising agency shall:
4061200 (1) inform a vulnerable victim of where the tracked individual
1201+ES 9—LS 6480/DI 106 29
4071202 is not permitted to be;
4081203 (2) if the vulnerable victim wishes to be informed if the
4091204 tracked individual commits a violation as described in section
4101205 2(1)(A) through 2(1)(C) of this chapter, obtain the best
4111206 manner of contacting the vulnerable victim from the
4121207 vulnerable victim; and
4131208 (3) advise the vulnerable victim that events such as power
4141209 outages, Internet outages, and natural disasters may interfere
4151210 with the ability of the supervising agency to notify the
4161211 vulnerable victim in a timely manner.
4171212 (b) Upon notice of a possible violation by a tracked individual as
4181213 described in section 2(1)(A) through 2(1)(C) of this chapter, the
4191214 supervising agency shall, as soon as practicable, seek a warrant for
4201215 the arrest of the tracked individual.
4211216 Sec. 4. (a) This subsection applies to a tracked individual who is
4221217 charged with or convicted of a crime of violence (as defined in
423-SEA 9 — Concur 11
4241218 IC 35-50-1-2(a)) or a crime of domestic or sexual violence (as
4251219 defined in IC 16-18-2-88.5). As soon as possible, but not later than:
4261220 (1) fifteen (15) minutes after a warrant has been issued for a
4271221 tracked individual to whom this subsection applies, a local law
4281222 enforcement agency shall transmit details of the warrant to all
4291223 active units; and
4301224 (2) sixty (60) minutes after a warrant has been issued for a
4311225 tracked individual to whom this subsection applies, a local law
4321226 enforcement agency shall dispatch a law enforcement officer
4331227 to apprehend the tracked individual.
4341228 (b) This subsection applies to a tracked individual who is not
4351229 charged with or convicted of a crime of violence (as defined in
4361230 IC 35-50-1-2(a)) or a crime of domestic or sexual violence (as
4371231 defined in IC 16-18-2-88.5). As soon as possible, but not later than:
4381232 (1) sixty (60) minutes after a warrant has been issued for a
4391233 tracked individual to whom this subsection applies, a local law
4401234 enforcement agency shall transmit details of the warrant to all
4411235 active units; and
4421236 (2) forty-eight (48) hours after a warrant has been issued for
4431237 a tracked individual to whom this subsection applies, a local
4441238 law enforcement agency shall dispatch a law enforcement
4451239 officer to apprehend the tracked individual.
4461240 (c) The local law enforcement agency shall keep a record of each
4471241 dispatch made under this section.
4481242 Sec. 5. A supervising agency may contract with a third party
4491243 contractor to maintain consistent constant supervision of each
1244+ES 9—LS 6480/DI 106 30
4501245 tracked individual only if the third party contractor can comply
4511246 with the requirements of a supervising agency in this chapter. A
4521247 contract must specify the duties of the third party contractor and
4531248 the duties of the supervising agency described in this chapter. A
4541249 third party contractor:
4551250 (1) may not employ or be owned by any person convicted of a
4561251 felony within the previous seven (7) years; and
4571252 (2) may not employ an individual who was a tracked
4581253 individual within the previous one (1) year.
4591254 Sec. 6. (a) This subsection applies to contracts entered into and
4601255 renewed after June 30, 2022. In addition to any penalties described
4611256 in the contract, a supervising agency may cancel the contract of a
4621257 third party contractor that fails to comply with the requirements
4631258 of this chapter.
4641259 (b) If:
4651260 (1) the supervising agency is a court; and
466-SEA 9 — Concur 12
4671261 (2) the supervising agency has:
4681262 (A) canceled a contract under this section; or
4691263 (B) determined that it will not renew its contract with the
4701264 third party contractor due to the contractor's
4711265 performance;
4721266 the supervising agency shall inform the office of judicial
4731267 administration of its act or determination, along with a description
4741268 of its reasons. The office of judicial administration shall inform
4751269 every court that may act as a supervising agency of the identity of
4761270 the third party contractor, of the act or determination made by the
4771271 supervising agency, and of the reasons for the act or determination
4781272 by the supervising agency.
4791273 Sec. 7. (a) Except as described in subsection (b), the following
4801274 are immune from civil liability for an act or omission that occurs
4811275 in connection with the implementation of this chapter:
4821276 (1) A supervising agency.
4831277 (2) A law enforcement agency.
4841278 (3) An employee of a person described in subdivisions (1)
4851279 through (2).
4861280 (b) The immunity described in subsection (a) does not apply if
4871281 the person committed gross negligence or willful or wanton
488-misconduct.
489-SECTION 17. IC 35-44.1-3-4, AS AMENDED BY P.L.158-2013,
490-SECTION 511, IS AMENDED TO READ AS FOLLOWS
491-[EFFECTIVE JULY 1, 2022]: Sec. 4. (a) This section does not apply
492-to a child who:
493-(1) flees from lawful detention (as defined in IC 35-31.5-2-186)
494-where the child has been placed;
495-(2) violates a home detention order imposed on the child;
496-(3) removes, disables, or interferes with the operation of an
497-electronic monitoring device or GPS tracking device that the
498-child is required to wear; or
499-(4) fails to return to lawful detention following temporary
500-leave granted for a specified purpose or limited period;
501-due to an allegation or adjudication that the child committed an act
502-described in IC 31-37-2-3 through IC 31-37-2-7 (status offenses),
503-unless the child, while committing the offense, draws or uses a
504-deadly weapon or inflicts bodily injury on another person.
505-(b) A person, except as provided in subsection (b), (c), who
506-intentionally flees from lawful detention commits escape, a Level 5
507-felony. However, the offense is a Level 4 felony if, while committing
508-it, the person draws or uses a deadly weapon or inflicts bodily injury on
509-SEA 9 — Concur 13
510-another person.
511-(b) (c) A person who:
512-(1) knowingly or intentionally violates a home detention order,
513-except for a provision of a home detention order relating to:
514-(A) the possession or consumption of alcohol or a
515-controlled substance in the person's home;
516-(B) tardiness to or missed appointments with supervising
517-staff; or
518-(C) the failure to pay user fees; or
519-(2) intentionally removes, disables, or interferes with the
520-operation of an electronic monitoring device or GPS tracking
521-device;
522-commits escape, a Level 6 felony.
523-(c) (d) A person who knowingly or intentionally fails to return to
524-lawful detention following temporary leave granted for a specified
525-purpose or limited period commits failure to return to lawful detention,
526-a Level 6 felony. However, the offense is a Level 5 felony if, while
527-committing it, the person draws or uses a deadly weapon or inflicts
528-bodily injury on another person.
529-SECTION 18. An emergency is declared for this act.
530-SEA 9 — Concur President of the Senate
531-President Pro Tempore
532-Speaker of the House of Representatives
533-Governor of the State of Indiana
534-Date: Time:
535-SEA 9 — Concur
1282+misconduct.".
1283+Delete pages 8 through 11.
1284+Page 12, delete lines 1 through 24.
1285+Page 13, after line 21, begin a new paragraph and insert:
1286+"SECTION 19. An emergency is declared for this act.".
1287+ES 9—LS 6480/DI 106 31
1288+Renumber all SECTIONS consecutively.
1289+(Reference is to ESB 9 as printed February 17, 2022.)
1290+TORR
1291+ES 9—LS 6480/DI 106