First Regular Session of the 124th General Assembly (2025)
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SENATE ENROLLED ACT No. 218
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 35-38-2.7-2, AS AMENDED BY P.L.9-2023,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: 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 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.
(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:
SEA 218 2
(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);
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).
(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.
(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 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
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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
during the quarter, whether they are under pretrial, or
postdisposition, supervision, and the charges highest level of
offense they are facing or have been convicted of;
(2) the number of tracked individuals under on active supervision
assigned to each employee; at the end of the quarter and the
number of supervision staff at the end of the quarter;
(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 to the local justice reinvestment
advisory council not later than fifteen (15) calendar 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) as directed, 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 May 1 of each year. The report to the legislative council
must be in an electronic format under IC 5-14-6.
SEA 218 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 218