HB 1806-1_ Filed 02/21/2001, 16:06
Adopted 2/21/2001


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

13

                                                        NO:
0

MR. SPEAKER:

    Your Committee on       Courts and Criminal Code     , to which was referred       House Bill 1806     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

Page 1, between the enacting clause and line 1, begin a new paragraph and insert:

SOURCE: IC 35-38-2.5-4.5; (01)CR180601.1. -->     "SECTION 1. IC 35-38-2.5-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4.5. As used in this chapter "security risk" means a person who is:
        (1) a flight risk; or
        (2) a threat to the physical safety of the public.

SOURCE: IC 35-38-2.5-4.7; (01)CR180601.2. -->     SECTION 2. IC 35-38-2.5-4.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec 4.7. As used in this chapter "violent offender" means a person who is:
        (1) convicted of an offense or attempted offense, except for an offense under IC 35-42-4 or IC 35-46-1-3 , under IC 35-50-1-2 (a);
        (2) charged with an offense or attempted offense listed in IC 35-50-1-2 (a); or
        (3) a security risk as determined under section 10 of this chapter.

SOURCE: IC 35-38-2.5-10; (01)CR180601.3. -->     SECTION 3. IC 35-38-2.5-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. (a) Each probation department or community corrections department shall establish written criteria and procedures for determining whether an offender or alleged offender that the department supervises on home detention qualifies as a violent offender.
    (b) A probation or community corrections department shall use the criteria and procedures established under subsection (a) to establish a record keeping system that allows the department 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 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.
        (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 ensure that the offender or alleged offender may not enter another residence or structure without a violation.".

SOURCE: Page 1, line 3; (01)CR180601.1. -->     Page 1, line 3, after "Sec.12." insert " (a)".
    Page 1, line 5, delete "an" and insert " a violent".
    Page 1, line 8, after "the" insert " violent".
    Page 1, after line 9, begin a new paragraph and insert:
    " (b) A probation department or community corrections program charged by a court with supervision of a violent offender placed on home detention under this chapter shall maintain constant supervision of the violent offender using a monitoring device and surveillance equipment. The supervising entity may do this by:
        (1) using the supervising entity's equipment and personnel; or
        (2) contracting with an outside entity.
".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1806 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Dvorak


CR180601/DI 105    2001