First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2022 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 445
AN ACT to amend the Indiana Code concerning courts and court
officers.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 11-13-1-9, AS AMENDED BY P.L.105-2022,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: 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;
and
(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 the local justice
reinvestment advisory council under IC 35-38-2.7-2(3); and
(5) (4) require probation departments to submit a community
supervision collaboration plan as described in IC 11-12-2-4.
(b) In consultation with the oversight body described in
IC 2-5-36-9(6), the conference shall develop statewide juvenile
probation standards for juvenile probation supervision and services that
are aligned with research based practices and based on a child's risk of
reoffending as measured by a validated risk and needs assessment tool.
The board shall approve the standards, as described in section 8 of this
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chapter, not later than July 1, 2023. The standards must include the
following:
(1) Guidelines for establishing consistent use of a validated risk
and needs assessment tool and a validated risk screening tool.
(2) Guidelines for establishing conditions of probation
supervision for informal adjustment and formal probation that are
tailored to a child's individual risk and needs, including standards
for case contacts.
(3) Common case planning elements based on risk principles and
guidelines for engaging youth, families, and providers in case
planning.
(4) Common criteria for recommending the use of out-of-home
placement and commitment to the department of correction.
(5) A system of graduated responses and incentives to reward and
motivate positive behavior and address violations of supervision.
The conference shall also ensure that adequate training is provided to
all juvenile probation officers on the use of a risk and needs assessment
tool, the use of a risk screening tool, and the updated juvenile probation
standards.
(c) 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 2. IC 33-38-9.5-7.5, IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 7.5. (a) The advisory council may
develop electronic monitoring standards, which may include the
following:
(1) Administration standards, such as establishing policy,
procedure, and reporting requirements.
(2) Supervision standards, such as caseload guidelines,
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) Minimum technology features required for electronic
monitoring equipment.
(4) Any other issues related to establishing electronic
monitoring standards deemed appropriate by the advisory
council.
(b) The advisory council may report on the standards described
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in subsection (a) in the annual report required by
IC 35-38-2.7-2(b).
(c) The advisory council may conduct a workload study of
electronic monitoring and home detention concerning:
(1) staff roles and responsibilities;
(2) local policies and practice, including appropriate use of
available technology;
(3) use of evidence based programming and interventions; and
(4) duties and responsibilities of a supervising agency that are
not related to electronic monitoring and home detention.
(d) The advisory council may submit a final report containing
the findings under subsection (c) not later than July 1, 2025, to the
legislative council in an electronic format under IC 5-14-6.
SECTION 3. IC 35-38-2.7-2, AS ADDED BY P.L.84-2022,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 2. (a) A supervising agency must do the
following:
(1) Except as provided in subdivision (2), an employee or
contract employee of a supervising agency must provide
notification to the supervising agency as soon as possible, but not
later than fifteen (15) minutes, twelve (12) hours, after:
(A) the monitoring device of a tracked individual suffers an
unexplained or undocumented loss of communication with the
employee, and the employee is unable to verify the tracked
individual's presence at an approved location by using a
backup verification method, if applicable;
(B) a tracked individual enters a prohibited exclusion zone; or
(C) a tracked individual removes, disables, or otherwise
interferes with a monitoring device.
In addition, if the tracked individual has committed or is alleged
to have committed a crime against a vulnerable victim, the
supervising agency shall notify the vulnerable victim and request
local law enforcement to conduct a welfare check on the
vulnerable victim in accordance with the protocol developed by
the supervising agency under subdivision (5).
(2) An employee or contract employee of a supervising agency
who is required to provide a notification to the supervising
agency under subdivision (1) with respect to a tracked
individual who is 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
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IC 16-18-2-88.5);
shall provide the notification as soon as possible, but not later
than fifteen (15) minutes, after the occurrence of an event
described in subdivision (1)(A) through (1)(C). In addition, if
the tracked individual has committed or is alleged to have
committed a crime against a vulnerable victim, the
supervising agency shall notify the vulnerable victim and
request local law enforcement to conduct a welfare check on
the vulnerable victim in accordance with the protocol
developed by the supervising agency under subdivision (5).
(2) (3) Verify in person the location of each tracked individual
placed on electronic monitoring due to being charged with or
convicted of:
(A) a crime of violence (as defined in IC 35-50-1-2(a)); or
(B) a crime of domestic or sexual violence (as defined in
IC 16-18-2-88.5);
by making one (1) scheduled in person contact and one (1)
unannounced in person contact with the individual in every thirty
(30) day period.
(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
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locations for each tracked individual under the supervising
agency's supervision.
(5) Develop and establish a protocol for the supervising agency to
use in contacting a vulnerable victim and local law enforcement
with respect to a violation by a tracked individual.
(6) Develop and publish a policy prohibiting certain relationships
between a tracked individual and a supervising agency and
employees of a supervising agency, including:
(A) personal associations and relationships; and
(B) business relationships.
(7) Develop or approve detailed contingency plans for the
supervising agency's operation in case of natural disaster, power
outage, loss of telephone service, fire, flood, equipment
malfunction, death, incapacitation, or personal emergency of an
employee of a supervising agency, and, in the case of a
supervising agency's contract with a third party contractor, the
financial insolvency of the third party contractor.
(8) Specify a backup verification method for a tracked individual
if there is reason to believe that the tracked individual's
monitoring device may lose communication with the supervising
agency at an approved location. However, a supervising agency
has the discretion to establish a backup verification method for
any tracked individual regardless of whether the supervising
agency has reason to believe that the monitoring device may lose
communication at an approved location.
(b) Beginning January 1, 2023, a supervising agency must
transmit a quarterly report to the local justice reinvestment
advisory council (established by IC 33-38-9.5-4) that includes
information concerning:
(1) 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;
(2) the number of tracked individuals under supervision
assigned to each employee;
(3) the total costs and fees levied and collected;
(4) the number of tracked individuals under supervision
whose supervision has been terminated and the reason for
termination; and
(5) the number of false location alerts, device malfunctions, or
both, in the case of each tracked individual under supervision.
The report must be submitted not later than fifteen (15) calendar
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days after the close of each quarter. In addition, the division of
parole services shall report directly to the statewide justice
reinvestment advisory council 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 a
report quarterly. The statewide justice reinvestment advisory
council shall compile the quarterly reports published under this
subsection and electronically transmit an annual report to the
legislative council and to the judicial conference of Indiana not
later than March 15 of each year. The report to the legislative
council must be in an electronic format under IC 5-14-6.
SECTION 4. IC 35-38-2.7-3, AS ADDED BY P.L.84-2022,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: 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)
2(a)(1)(A) through 2(1)(C) 2(a)(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) 2(a)(1)(A) through 2(1)(C) 2(a)(1)(C) of
this chapter, the supervising agency shall, as soon as practicable, seek
a warrant for the arrest of the tracked individual.
SEA 445 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 445