Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 9
AN ACT to amend the Indiana Code concerning criminal law and
procedure.
Be it enacted by the General Assembly of the State of Indiana:
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
SEA 9 — Concur 2
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
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(3); 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.
SECTION 3. 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
SEA 9 — Concur 3
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 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
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.
SECTION 5. 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 6. 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.
SEA 9 — Concur 4
SECTION 7. IC 35-31.5-2-205, AS ADDED BY P.L.114-2012,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 205. "Monitoring device", for purposes of
IC 35-33-8-11, IC 35-38-2.5, and IC 35-38-2.7, has the meaning set
forth in IC 35-38-2.5-3.
SECTION 8. 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 9. 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
IC 35-38-2.7-1.
SECTION 10. 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.
SECTION 11. IC 35-33-8-11, AS AMENDED BY P.L.114-2012,
SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 11. (a) A court may require a person who has been
charged with a crime of domestic violence (as described in
IC 35-31.5-2-78) to wear a GPS tracking monitoring device as a
condition of bail.
(b) A court may order a person who is required to wear a GPS
tracking monitoring device under subsection (a) to pay any costs
associated with the GPS tracking monitoring device.
SECTION 12. 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.
SECTION 13. IC 35-38-2.5-3, AS AMENDED BY P.L.170-2014,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. (a) As used in this chapter, "monitoring device"
means an electronic device that:
(1) can record or transmit information twenty-four (24) hours
each day regarding an offender's
(A) presence or absence from the offender's home; or
(B) precise location;
SEA 9 — Concur 5
(2) is minimally intrusive upon the privacy of the offender or
other persons residing in the offender's home;
(3) with the written consent of the offender and with the written
consent of other persons residing in the home at the time an order
for home detention is entered, may record or transmit:
(A) a visual image;
(B) an electronic communication or any sound; or
(C) information regarding the offender's activities while inside
the offender's home; and
(4) can notify a probation department, a community corrections
program, the parole board, a pretrial services agency, or a
contract agency if the offender violates the terms of a home
detention order.
(b) The term includes any device that can reliably determine the
location of an offender and track the locations where the offender has
been, including a device that uses a global positioning system satellite
service.
(c) The term does not include an unmanned aerial vehicle (as
defined in IC 35-31.5-2-342.3).
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
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.
SEA 9 — Concur 6
(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
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
SEA 9 — Concur 7
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
the contract agency can comply with subsection (b). the requirements
described in IC 35-38-2.7.
SECTION 16. 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
SEA 9 — Concur 8
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).
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
SEA 9 — Concur 9
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
(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
SEA 9 — Concur 10
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
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
SEA 9 — Concur 11
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
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
SEA 9 — Concur 12
(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.
SECTION 17. 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
SEA 9 — Concur 13
another person.
(b) (c) A person who:
(1) knowingly or intentionally violates a home detention 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; 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.
SECTION 18. An emergency is declared for this act.
SEA 9 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 9 — Concur