Indiana 2023 Regular Session

Indiana Senate Bill SB0445 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0445.1
	2	+	March 9, 2023
	3	+	ENGROSSED
	4	+	SENATE BILL No. 445
	5	+	_____
	6	+	DIGEST OF SB 445 (Updated March 8, 2023 12:16 pm - DI 140)
	7	+	Citations Affected: IC 11-13; IC 33-38; IC 35-38.
	8	+	Synopsis: Electronic monitoring standards. Permits the justice
	9	+	reinvestment advisory council to develop electronic monitoring
	10	+	standards and to submit an annual report as to the standards. Permits
	11	+	the justice reinvestment advisory council to conduct a workload study
	12	+	of electronic monitoring and home detention, make certain findings,
	13	+	and submit a report to the legislative council not later than July 1,
	14	+	2025. Provides that a contract employee of a supervising agency is
	15	+	required to notify the supervising agency of certain actions with respect
	16	+	(Continued next page)
	17	+	Effective: July 1, 2023.
	18	+	Walker K, Bohacek, Freeman,
	19	+	Koch, Glick, Taylor G, Pol Jr.,
	20	+	Sandlin
	21	+	(HOUSE SPONSORS — MCNAMARA, STEUERWALD)
	22	+	January 19, 2023, read first time and referred to Committee on Corrections and Criminal
	23	+	Law.
	24	+	February 7, 2023, amended, reported favorably — Do Pass.
	25	+	February 9, 2023, read second time, amended, ordered engrossed.
	26	+	February 10, 2023, engrossed.
	27	+	February 13, 2023, read third time, passed. Yeas 48, nays 0.
	28	+	HOUSE ACTION
	29	+	February 28, 2023, read first time and referred to Committee on Courts and Criminal Code.
	30	+	March 9, 2023, reported — Do Pass.
	31	+	ES 445—LS 6928/DI 149 Digest Continued
	32	+	to a tracked individual not later than 12 hours after the action occurs.
	33	+	Requires this notification to be sent within 15 minutes if the tracked
	34	+	individual is serving a sentence for a crime of violence or a crime of
	35	+	domestic or sexual violence, and additionally requires the supervising
	36	+	agency to notify a vulnerable victim and request law enforcement to
	37	+	perform a welfare check, if there is a vulnerable victim. Specifies that
	38	+	a supervising agency must include in a quarterly report the number of
	39	+	tracked individuals who are on parole supervision and the number of
	40	+	false location alerts, device malfunctions, or both. Provides that a local
	41	+	supervising agency shall report directly to the local justice
	42	+	reinvestment advisory council each quarter, and that the division of
	43	+	parole services shall report to the statewide justice reinvestment
	44	+	advisory council each quarter. Requires the statewide justice
	45	+	reinvestment advisory council to transmit an annual electronic report
	46	+	to the legislative council and to the judicial conference of Indiana not
	47	+	later than March 15 of each year.
	48	+	ES 445—LS 6928/DI 149ES 445—LS 6928/DI 149 March 9, 2023
1	49		First Regular Session of the 123rd General Assembly (2023)
2	50		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	51		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	52		additions will appear in this style type, and deletions will appear in this style type.
5	53		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	54		provision adopted), the text of the new provision will appear in this style type. Also, the
7	55		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	56		a new provision to the Indiana Code or the Indiana Constitution.
9	57		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	58		between statutes enacted by the 2022 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 445
12		-	AN ACT to amend the Indiana Code concerning courts and court
13		-	officers.
	59	+	ENGROSSED
	60	+	SENATE BILL No. 445
	61	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	62	+	courts and court officers.
14	63		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 11-13-1-9, AS AMENDED BY P.L.105-2022,
16		-	SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2023]: Sec. 9. (a) The judicial conference of Indiana shall:
18		-	(1) keep informed of the work of all probation departments;
19		-	(2) compile and publish statistical and other information that may
20		-	be of value to the probation service;
21		-	(3) inform courts and probation departments of legislation
22		-	concerning probation and of other developments in probation;
23		-	and
24		-	(4) submit to the general assembly before January 15 of each year
25		-	a report in an electronic format under IC 5-14-6 compiling the
26		-	statistics provided to the judicial conference by the local justice
27		-	reinvestment advisory council under IC 35-38-2.7-2(3); and
28		-	(5) (4) require probation departments to submit a community
29		-	supervision collaboration plan as described in IC 11-12-2-4.
30		-	(b) In consultation with the oversight body described in
31		-	IC 2-5-36-9(6), the conference shall develop statewide juvenile
32		-	probation standards for juvenile probation supervision and services that
33		-	are aligned with research based practices and based on a child's risk of
34		-	reoffending as measured by a validated risk and needs assessment tool.
35		-	The board shall approve the standards, as described in section 8 of this
36		-	SEA 445 2
37		-	chapter, not later than July 1, 2023. The standards must include the
38		-	following:
39		-	(1) Guidelines for establishing consistent use of a validated risk
40		-	and needs assessment tool and a validated risk screening tool.
41		-	(2) Guidelines for establishing conditions of probation
42		-	supervision for informal adjustment and formal probation that are
43		-	tailored to a child's individual risk and needs, including standards
44		-	for case contacts.
45		-	(3) Common case planning elements based on risk principles and
46		-	guidelines for engaging youth, families, and providers in case
47		-	planning.
48		-	(4) Common criteria for recommending the use of out-of-home
49		-	placement and commitment to the department of correction.
50		-	(5) A system of graduated responses and incentives to reward and
51		-	motivate positive behavior and address violations of supervision.
52		-	The conference shall also ensure that adequate training is provided to
53		-	all juvenile probation officers on the use of a risk and needs assessment
54		-	tool, the use of a risk screening tool, and the updated juvenile probation
55		-	standards.
56		-	(c) The conference may:
57		-	(1) visit and inspect any probation department and confer with
58		-	probation officers and judges administering probation; and
59		-	(2) require probation departments to submit periodic reports of
60		-	their work on forms furnished by the conference.
61		-	SECTION 2. IC 33-38-9.5-7.5, IS ADDED TO THE INDIANA
62		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
63		-	[EFFECTIVE JULY 1, 2023]: Sec. 7.5. (a) The advisory council may
64		-	develop electronic monitoring standards, which may include the
65		-	following:
66		-	(1) Administration standards, such as establishing policy,
67		-	procedure, and reporting requirements.
68		-	(2) Supervision standards, such as caseload guidelines,
69		-	establishing the number of individuals supervised by at least
70		-	one (1) employee of a supervising agency, contacts with
71		-	tracked individuals, reporting of violations, and any
72		-	associated fiscal impact relating to these matters.
73		-	(3) Minimum technology features required for electronic
74		-	monitoring equipment.
75		-	(4) Any other issues related to establishing electronic
76		-	monitoring standards deemed appropriate by the advisory
77		-	council.
78		-	(b) The advisory council may report on the standards described
79		-	SEA 445 3
80		-	in subsection (a) in the annual report required by
81		-	IC 35-38-2.7-2(b).
82		-	(c) The advisory council may conduct a workload study of
83		-	electronic monitoring and home detention concerning:
84		-	(1) staff roles and responsibilities;
85		-	(2) local policies and practice, including appropriate use of
86		-	available technology;
87		-	(3) use of evidence based programming and interventions; and
88		-	(4) duties and responsibilities of a supervising agency that are
89		-	not related to electronic monitoring and home detention.
90		-	(d) The advisory council may submit a final report containing
91		-	the findings under subsection (c) not later than July 1, 2025, to the
92		-	legislative council in an electronic format under IC 5-14-6.
93		-	SECTION 3. IC 35-38-2.7-2, AS ADDED BY P.L.84-2022,
94		-	SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
95		-	JULY 1, 2023]: Sec. 2. (a) A supervising agency must do the
96		-	following:
97		-	(1) Except as provided in subdivision (2), an employee or
98		-	contract employee of a supervising agency must provide
99		-	notification to the supervising agency as soon as possible, but not
100		-	later than fifteen (15) minutes, twelve (12) hours, after:
101		-	(A) the monitoring device of a tracked individual suffers an
102		-	unexplained or undocumented loss of communication with the
103		-	employee, and the employee is unable to verify the tracked
104		-	individual's presence at an approved location by using a
105		-	backup verification method, if applicable;
106		-	(B) a tracked individual enters a prohibited exclusion zone; or
107		-	(C) a tracked individual removes, disables, or otherwise
108		-	interferes with a monitoring device.
109		-	In addition, if the tracked individual has committed or is alleged
110		-	to have committed a crime against a vulnerable victim, the
111		-	supervising agency shall notify the vulnerable victim and request
112		-	local law enforcement to conduct a welfare check on the
113		-	vulnerable victim in accordance with the protocol developed by
114		-	the supervising agency under subdivision (5).
115		-	(2) An employee or contract employee of a supervising agency
116		-	who is required to provide a notification to the supervising
117		-	agency under subdivision (1) with respect to a tracked
118		-	individual who is placed on electronic monitoring due to being
119		-	charged with or convicted of:
120		-	(A) a crime of violence (as defined in IC 35-50-1-2(a)); or
121		-	(B) a crime of domestic or sexual violence (as defined in
122		-	SEA 445 4
123		-	IC 16-18-2-88.5);
124		-	shall provide the notification as soon as possible, but not later
125		-	than fifteen (15) minutes, after the occurrence of an event
126		-	described in subdivision (1)(A) through (1)(C). In addition, if
127		-	the tracked individual has committed or is alleged to have
128		-	committed a crime against a vulnerable victim, the
129		-	supervising agency shall notify the vulnerable victim and
130		-	request local law enforcement to conduct a welfare check on
131		-	the vulnerable victim in accordance with the protocol
132		-	developed by the supervising agency under subdivision (5).
133		-	(2) (3) Verify in person the location of each tracked individual
134		-	placed on electronic monitoring due to being charged with or
135		-	convicted of:
136		-	(A) a crime of violence (as defined in IC 35-50-1-2(a)); or
137		-	(B) a crime of domestic or sexual violence (as defined in
138		-	IC 16-18-2-88.5);
139		-	by making one (1) scheduled in person contact and one (1)
140		-	unannounced in person contact with the individual in every thirty
141		-	(30) day period.
142		-	(3) Beginning January 1, 2023, transmit a quarterly report to the
143		-	local justice reinvestment advisory council (established by
144		-	IC 33-38-9.5-4) that includes information concerning:
145		-	(A) the total number of tracked individuals under supervision,
146		-	whether they are under pretrial or postdisposition supervision,
147		-	and the charges they are facing or have been convicted of;
148		-	(B) the number of tracked individuals under supervision
149		-	assigned to each employee;
150		-	(C) the total costs and fees levied and collected;
151		-	(D) the number of tracked individuals under supervision
152		-	whose supervision has been terminated and the reason for
153		-	termination; and
154		-	(E) the number of false location alerts or device malfunctions
155		-	in the case of each tracked individual under supervision.
156		-	The report must be submitted not later than fifteen (15) calendar
157		-	days after the close of each quarter. The local justice reinvestment
158		-	advisory council shall transmit each report electronically to the
159		-	statewide justice reinvestment advisory council (established by
160		-	IC 33-38-9.5-2), which shall publish the reports quarterly and
161		-	electronically transmit the reports to the legislative council and to
162		-	the judicial conference of Indiana. The report to the legislative
163		-	council must be in an electronic format under IC 5-14-6.
164		-	(4) Establish conditions relating to approved and unapproved
165		-	SEA 445 5
166		-	locations for each tracked individual under the supervising
167		-	agency's supervision.
168		-	(5) Develop and establish a protocol for the supervising agency to
169		-	use in contacting a vulnerable victim and local law enforcement
170		-	with respect to a violation by a tracked individual.
171		-	(6) Develop and publish a policy prohibiting certain relationships
172		-	between a tracked individual and a supervising agency and
173		-	employees of a supervising agency, including:
174		-	(A) personal associations and relationships; and
175		-	(B) business relationships.
176		-	(7) Develop or approve detailed contingency plans for the
177		-	supervising agency's operation in case of natural disaster, power
178		-	outage, loss of telephone service, fire, flood, equipment
179		-	malfunction, death, incapacitation, or personal emergency of an
180		-	employee of a supervising agency, and, in the case of a
181		-	supervising agency's contract with a third party contractor, the
182		-	financial insolvency of the third party contractor.
183		-	(8) Specify a backup verification method for a tracked individual
184		-	if there is reason to believe that the tracked individual's
185		-	monitoring device may lose communication with the supervising
186		-	agency at an approved location. However, a supervising agency
187		-	has the discretion to establish a backup verification method for
188		-	any tracked individual regardless of whether the supervising
189		-	agency has reason to believe that the monitoring device may lose
190		-	communication at an approved location.
191		-	(b) Beginning January 1, 2023, a supervising agency must
192		-	transmit a quarterly report to the local justice reinvestment
193		-	advisory council (established by IC 33-38-9.5-4) that includes
194		-	information concerning:
195		-	(1) the total number of tracked individuals under supervision,
196		-	whether they are under pretrial, or postdisposition,
197		-	supervision, and the charges they are facing or have been
198		-	convicted of;
199		-	(2) the number of tracked individuals under supervision
200		-	assigned to each employee;
201		-	(3) the total costs and fees levied and collected;
202		-	(4) the number of tracked individuals under supervision
203		-	whose supervision has been terminated and the reason for
204		-	termination; and
205		-	(5) the number of false location alerts, device malfunctions, or
206		-	both, in the case of each tracked individual under supervision.
207		-	The report must be submitted not later than fifteen (15) calendar
208		-	SEA 445 6
209		-	days after the close of each quarter. In addition, the division of
	64	+	1 SECTION 1. IC 11-13-1-9, AS AMENDED BY P.L.105-2022,
	65	+	2 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	66	+	3 JULY 1, 2023]: Sec. 9. (a) The judicial conference of Indiana shall:
	67	+	4 (1) keep informed of the work of all probation departments;
	68	+	5 (2) compile and publish statistical and other information that may
	69	+	6 be of value to the probation service;
	70	+	7 (3) inform courts and probation departments of legislation
	71	+	8 concerning probation and of other developments in probation;
	72	+	9 and
	73	+	10 (4) submit to the general assembly before January 15 of each year
	74	+	11 a report in an electronic format under IC 5-14-6 compiling the
	75	+	12 statistics provided to the judicial conference by the local justice
	76	+	13 reinvestment advisory council under IC 35-38-2.7-2(3); and
	77	+	14 (5) (4) require probation departments to submit a community
	78	+	15 supervision collaboration plan as described in IC 11-12-2-4.
	79	+	16 (b) In consultation with the oversight body described in
	80	+	17 IC 2-5-36-9(6), the conference shall develop statewide juvenile
	81	+	ES 445—LS 6928/DI 149 2
	82	+	1 probation standards for juvenile probation supervision and services that
	83	+	2 are aligned with research based practices and based on a child's risk of
	84	+	3 reoffending as measured by a validated risk and needs assessment tool.
	85	+	4 The board shall approve the standards, as described in section 8 of this
	86	+	5 chapter, not later than July 1, 2023. The standards must include the
	87	+	6 following:
	88	+	7 (1) Guidelines for establishing consistent use of a validated risk
	89	+	8 and needs assessment tool and a validated risk screening tool.
	90	+	9 (2) Guidelines for establishing conditions of probation
	91	+	10 supervision for informal adjustment and formal probation that are
	92	+	11 tailored to a child's individual risk and needs, including standards
	93	+	12 for case contacts.
	94	+	13 (3) Common case planning elements based on risk principles and
	95	+	14 guidelines for engaging youth, families, and providers in case
	96	+	15 planning.
	97	+	16 (4) Common criteria for recommending the use of out-of-home
	98	+	17 placement and commitment to the department of correction.
	99	+	18 (5) A system of graduated responses and incentives to reward and
	100	+	19 motivate positive behavior and address violations of supervision.
	101	+	20 The conference shall also ensure that adequate training is provided to
	102	+	21 all juvenile probation officers on the use of a risk and needs assessment
	103	+	22 tool, the use of a risk screening tool, and the updated juvenile probation
	104	+	23 standards.
	105	+	24 (c) The conference may:
	106	+	25 (1) visit and inspect any probation department and confer with
	107	+	26 probation officers and judges administering probation; and
	108	+	27 (2) require probation departments to submit periodic reports of
	109	+	28 their work on forms furnished by the conference.
	110	+	29 SECTION 2. IC 33-38-9.5-7.5, IS ADDED TO THE INDIANA
	111	+	30 CODE AS A NEW SECTION TO READ AS FOLLOWS
	112	+	31 [EFFECTIVE JULY 1, 2023]: Sec. 7.5. (a) The advisory council may
	113	+	32 develop electronic monitoring standards, which may include the
	114	+	33 following:
	115	+	34 (1) Administration standards, such as establishing policy,
	116	+	35 procedure, and reporting requirements.
	117	+	36 (2) Supervision standards, such as caseload guidelines,
	118	+	37 establishing the number of individuals supervised by at least
	119	+	38 one (1) employee of a supervising agency, contacts with
	120	+	39 tracked individuals, reporting of violations, and any
	121	+	40 associated fiscal impact relating to these matters.
	122	+	41 (3) Minimum technology features required for electronic
	123	+	42 monitoring equipment.
	124	+	ES 445—LS 6928/DI 149 3
	125	+	1 (4) Any other issues related to establishing electronic
	126	+	2 monitoring standards deemed appropriate by the advisory
	127	+	3 council.
	128	+	4 (b) The advisory council may report on the standards described
	129	+	5 in subsection (a) in the annual report required by
	130	+	6 IC 35-38-2.7-2(b).
	131	+	7 (c) The advisory council may conduct a workload study of
	132	+	8 electronic monitoring and home detention concerning:
	133	+	9 (1) staff roles and responsibilities;
	134	+	10 (2) local policies and practice, including appropriate use of
	135	+	11 available technology;
	136	+	12 (3) use of evidence based programming and interventions; and
	137	+	13 (4) duties and responsibilities of a supervising agency that are
	138	+	14 not related to electronic monitoring and home detention.
	139	+	15 (d) The advisory council may submit a final report containing
	140	+	16 the findings under subsection (c) not later than July 1, 2025, to the
	141	+	17 legislative council in an electronic format under IC 5-14-6.
	142	+	18 SECTION 3. IC 35-38-2.7-2, AS ADDED BY P.L.84-2022,
	143	+	19 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	144	+	20 JULY 1, 2023]: Sec. 2. (a) A supervising agency must do the
	145	+	21 following:
	146	+	22 (1) Except as provided in subdivision (2), an employee or
	147	+	23 contract employee of a supervising agency must provide
	148	+	24 notification to the supervising agency as soon as possible, but not
	149	+	25 later than fifteen (15) minutes, twelve (12) hours, after:
	150	+	26 (A) the monitoring device of a tracked individual suffers an
	151	+	27 unexplained or undocumented loss of communication with the
	152	+	28 employee, and the employee is unable to verify the tracked
	153	+	29 individual's presence at an approved location by using a
	154	+	30 backup verification method, if applicable;
	155	+	31 (B) a tracked individual enters a prohibited exclusion zone; or
	156	+	32 (C) a tracked individual removes, disables, or otherwise
	157	+	33 interferes with a monitoring device.
	158	+	34 In addition, if the tracked individual has committed or is alleged
	159	+	35 to have committed a crime against a vulnerable victim, the
	160	+	36 supervising agency shall notify the vulnerable victim and request
	161	+	37 local law enforcement to conduct a welfare check on the
	162	+	38 vulnerable victim in accordance with the protocol developed by
	163	+	39 the supervising agency under subdivision (5).
	164	+	40 (2) An employee or contract employee of a supervising agency
	165	+	41 who is required to provide a notification to the supervising
	166	+	42 agency under subdivision (1) with respect to a tracked
	167	+	ES 445—LS 6928/DI 149 4
	168	+	1 individual who is placed on electronic monitoring due to being
	169	+	2 charged with or convicted of:
	170	+	3 (A) a crime of violence (as defined in IC 35-50-1-2(a)); or
	171	+	4 (B) a crime of domestic or sexual violence (as defined in
	172	+	5 IC 16-18-2-88.5);
	173	+	6 shall provide the notification as soon as possible, but not later
	174	+	7 than fifteen (15) minutes, after the occurrence of an event
	175	+	8 described in subdivision (1)(A) through (1)(C). In addition, if
	176	+	9 the tracked individual has committed or is alleged to have
	177	+	10 committed a crime against a vulnerable victim, the
	178	+	11 supervising agency shall notify the vulnerable victim and
	179	+	12 request local law enforcement to conduct a welfare check on
	180	+	13 the vulnerable victim in accordance with the protocol
	181	+	14 developed by the supervising agency under subdivision (5).
	182	+	15 (2) (3) Verify in person the location of each tracked individual
	183	+	16 placed on electronic monitoring due to being charged with or
	184	+	17 convicted of:
	185	+	18 (A) a crime of violence (as defined in IC 35-50-1-2(a)); or
	186	+	19 (B) a crime of domestic or sexual violence (as defined in
	187	+	20 IC 16-18-2-88.5);
	188	+	21 by making one (1) scheduled in person contact and one (1)
	189	+	22 unannounced in person contact with the individual in every thirty
	190	+	23 (30) day period.
	191	+	24 (3) Beginning January 1, 2023, transmit a quarterly report to the
	192	+	25 local justice reinvestment advisory council (established by
	193	+	26 IC 33-38-9.5-4) that includes information concerning:
	194	+	27 (A) the total number of tracked individuals under supervision,
	195	+	28 whether they are under pretrial or postdisposition supervision,
	196	+	29 and the charges they are facing or have been convicted of;
	197	+	30 (B) the number of tracked individuals under supervision
	198	+	31 assigned to each employee;
	199	+	32 (C) the total costs and fees levied and collected;
	200	+	33 (D) the number of tracked individuals under supervision
	201	+	34 whose supervision has been terminated and the reason for
	202	+	35 termination; and
	203	+	36 (E) the number of false location alerts or device malfunctions
	204	+	37 in the case of each tracked individual under supervision.
	205	+	38 The report must be submitted not later than fifteen (15) calendar
	206	+	39 days after the close of each quarter. The local justice reinvestment
	207	+	40 advisory council shall transmit each report electronically to the
	208	+	41 statewide justice reinvestment advisory council (established by
	209	+	42 IC 33-38-9.5-2), which shall publish the reports quarterly and
	210	+	ES 445—LS 6928/DI 149 5
	211	+	1 electronically transmit the reports to the legislative council and to
	212	+	2 the judicial conference of Indiana. The report to the legislative
	213	+	3 council must be in an electronic format under IC 5-14-6.
	214	+	4 (4) Establish conditions relating to approved and unapproved
	215	+	5 locations for each tracked individual under the supervising
	216	+	6 agency's supervision.
	217	+	7 (5) Develop and establish a protocol for the supervising agency to
	218	+	8 use in contacting a vulnerable victim and local law enforcement
	219	+	9 with respect to a violation by a tracked individual.
	220	+	10 (6) Develop and publish a policy prohibiting certain relationships
	221	+	11 between a tracked individual and a supervising agency and
	222	+	12 employees of a supervising agency, including:
	223	+	13 (A) personal associations and relationships; and
	224	+	14 (B) business relationships.
	225	+	15 (7) Develop or approve detailed contingency plans for the
	226	+	16 supervising agency's operation in case of natural disaster, power
	227	+	17 outage, loss of telephone service, fire, flood, equipment
	228	+	18 malfunction, death, incapacitation, or personal emergency of an
	229	+	19 employee of a supervising agency, and, in the case of a
	230	+	20 supervising agency's contract with a third party contractor, the
	231	+	21 financial insolvency of the third party contractor.
	232	+	22 (8) Specify a backup verification method for a tracked individual
	233	+	23 if there is reason to believe that the tracked individual's
	234	+	24 monitoring device may lose communication with the supervising
	235	+	25 agency at an approved location. However, a supervising agency
	236	+	26 has the discretion to establish a backup verification method for
	237	+	27 any tracked individual regardless of whether the supervising
	238	+	28 agency has reason to believe that the monitoring device may lose
	239	+	29 communication at an approved location.
	240	+	30 (b) Beginning January 1, 2023, a supervising agency must
	241	+	31 transmit a quarterly report to the local justice reinvestment
	242	+	32 advisory council (established by IC 33-38-9.5-4) that includes
	243	+	33 information concerning:
	244	+	34 (1) the total number of tracked individuals under supervision,
	245	+	35 whether they are under pretrial, or postdisposition,
	246	+	36 supervision, and the charges they are facing or have been
	247	+	37 convicted of;
	248	+	38 (2) the number of tracked individuals under supervision
	249	+	39 assigned to each employee;
	250	+	40 (3) the total costs and fees levied and collected;
	251	+	41 (4) the number of tracked individuals under supervision
	252	+	42 whose supervision has been terminated and the reason for
	253	+	ES 445—LS 6928/DI 149 6
	254	+	1 termination; and
	255	+	2 (5) the number of false location alerts, device malfunctions, or
	256	+	3 both, in the case of each tracked individual under supervision.
	257	+	4 The report must be submitted not later than fifteen (15) calendar
	258	+	5 days after the close of each quarter. In addition, the division of
	259	+	6 parole services shall report directly to the statewide justice
	260	+	7 reinvestment advisory council each quarter. The local justice
	261	+	8 reinvestment advisory council shall transmit each report
	262	+	9 electronically to the statewide justice reinvestment advisory
	263	+	10 council (established by IC 33-38-9.5-2), which shall publish a
	264	+	11 report quarterly. The statewide justice reinvestment advisory
	265	+	12 council shall compile the quarterly reports published under this
	266	+	13 subsection and electronically transmit an annual report to the
	267	+	14 legislative council and to the judicial conference of Indiana not
	268	+	15 later than March 15 of each year. The report to the legislative
	269	+	16 council must be in an electronic format under IC 5-14-6.
	270	+	17 SECTION 4. IC 35-38-2.7-3, AS ADDED BY P.L.84-2022,
	271	+	18 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	272	+	19 JULY 1, 2023]: Sec. 3. (a) The supervising agency shall:
	273	+	20 (1) inform a vulnerable victim of where the tracked individual is
	274	+	21 not permitted to be;
	275	+	22 (2) if the vulnerable victim wishes to be informed if the tracked
	276	+	23 individual commits a violation as described in section 2(1)(A)
	277	+	24 2(a)(1)(A) through 2(1)(C) 2(a)(1)(C) of this chapter, obtain the
	278	+	25 best manner of contacting the vulnerable victim from the
	279	+	26 vulnerable victim; and
	280	+	27 (3) advise the vulnerable victim that events such as power
	281	+	28 outages, Internet outages, and natural disasters may interfere with
	282	+	29 the ability of the supervising agency to notify the vulnerable
	283	+	30 victim in a timely manner.
	284	+	31 (b) Upon notice of a possible violation by a tracked individual as
	285	+	32 described in section 2(1)(A) 2(a)(1)(A) through 2(1)(C) 2(a)(1)(C) of
	286	+	33 this chapter, the supervising agency shall, as soon as practicable, seek
	287	+	34 a warrant for the arrest of the tracked individual.
	288	+	ES 445—LS 6928/DI 149 7
	289	+	COMMITTEE REPORT
	290	+	Madam President: The Senate Committee on Corrections and
	291	+	Criminal Law, to which was referred Senate Bill No. 445, has had the
	292	+	same under consideration and begs leave to report the same back to the
	293	+	Senate with the recommendation that said bill be AMENDED as
	294	+	follows:
	295	+	Delete the title and insert the following:
	296	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	297	+	courts and court officers.
	298	+	Page 2, line 31, delete "shall" and insert "may".
	299	+	Page 3, line 4, delete "shall" and insert "may".
	300	+	Page 3, line 7, delete "shall" and insert "may".
	301	+	Page 3, line 16, delete "shall" and insert "may".
	302	+	Page 6, delete lines 28 through 33.
	303	+	Renumber all SECTIONS consecutively.
	304	+	and when so amended that said bill do pass.
	305	+	(Reference is to SB 445 as introduced.)
	306	+	FREEMAN, Chairperson
	307	+	Committee Vote: Yeas 8, Nays 0.
	308	+	_____
	309	+	SENATE MOTION
	310	+	Madam President: I move that Senate Bill 445 be amended to read
	311	+	as follows:
	312	+	Page 3, line 8, delete "of each supervising".
	313	+	Page 3, line 9, delete "agency, as described by IC 35-38-2.7-1,".
	314	+	Page 3, strike lines 35 through 40.
	315	+	Page 4, line 9, after "(1)(C)." insert "In addition, if the tracked
	316	+	individual has committed or is alleged to have committed a crime
	317	+	against a vulnerable victim, the supervising agency shall notify the
	318	+	vulnerable victim and request local law enforcement to conduct a
	319	+	welfare check on the vulnerable victim in accordance with the
	320	+	protocol developed by the supervising agency under subdivision
	321	+	(5).".
	322	+	Page 5, line 25, delete "and the".
	323	+	Page 5, line 26, delete "division of parole services".
	324	+	Page 5, line 42, after "quarter." insert "In addition, the division of
	325	+	ES 445—LS 6928/DI 149 8
210	326		parole services shall report directly to the statewide justice
211		-	reinvestment advisory council each quarter. The local justice
212		-	reinvestment advisory council shall transmit each report
213		-	electronically to the statewide justice reinvestment advisory
214		-	council (established by IC 33-38-9.5-2), which shall publish a
215		-	report quarterly. The statewide justice reinvestment advisory
216		-	council shall compile the quarterly reports published under this
217		-	subsection and electronically transmit an annual report to the
218		-	legislative council and to the judicial conference of Indiana not
219		-	later than March 15 of each year. The report to the legislative
220		-	council must be in an electronic format under IC 5-14-6.
221		-	SECTION 4. IC 35-38-2.7-3, AS ADDED BY P.L.84-2022,
222		-	SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
223		-	JULY 1, 2023]: Sec. 3. (a) The supervising agency shall:
224		-	(1) inform a vulnerable victim of where the tracked individual is
225		-	not permitted to be;
226		-	(2) if the vulnerable victim wishes to be informed if the tracked
227		-	individual commits a violation as described in section 2(1)(A)
228		-	2(a)(1)(A) through 2(1)(C) 2(a)(1)(C) of this chapter, obtain the
229		-	best manner of contacting the vulnerable victim from the
230		-	vulnerable victim; and
231		-	(3) advise the vulnerable victim that events such as power
232		-	outages, Internet outages, and natural disasters may interfere with
233		-	the ability of the supervising agency to notify the vulnerable
234		-	victim in a timely manner.
235		-	(b) Upon notice of a possible violation by a tracked individual as
236		-	described in section 2(1)(A) 2(a)(1)(A) through 2(1)(C) 2(a)(1)(C) of
237		-	this chapter, the supervising agency shall, as soon as practicable, seek
238		-	a warrant for the arrest of the tracked individual.
239		-	SEA 445 President of the Senate
240		-	President Pro Tempore
241		-	Speaker of the House of Representatives
242		-	Governor of the State of Indiana
243		-	Date: Time:
244		-	SEA 445
	327	+	reinvestment advisory council each quarter.".
	328	+	(Reference is to SB 445 as printed February 8, 2023.)
	329	+	WALKER K
	330	+	_____
	331	+	COMMITTEE REPORT
	332	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	333	+	which was referred Senate Bill 445, has had the same under
	334	+	consideration and begs leave to report the same back to the House with
	335	+	the recommendation that said bill do pass.
	336	+	(Reference is to SB 445 as reprinted February 10, 2023.)
	337	+	MCNAMARA
	338	+	Committee Vote: Yeas 11, Nays 0
	339	+	ES 445—LS 6928/DI 149