First Regular Session 112th General Assembly (2001)


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.
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     HOUSE ENROLLED ACT No. 1806



     AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-38-2.5-2; (01)HE1806.1.1. -->     SECTION 1. IC 35-38-2.5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. As used in this chapter, "home" means:
         (1) the actual interior living area of the temporary or permanent residence of an offender; or
        (2) if the offender's residence is a multi-family dwelling, the unit in which the offender resides, and not the:
            (A) halls or common areas outside the unit where the offender resides; or
            (B) other units, occupied or unoccupied, in the multi-family dwelling.
The term includes a hospital, health care facility, hospice, group home, maternity home, residential treatment facility, and boarding house. The term does not include a public correctional facility or the residence of another person who is not part of the social unit formed by the offender's immediate family.
SOURCE: IC 35-38-2.5-2.3; (01)HE1806.1.2. -->     SECTION 2. IC 35-38-2.5-2.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2.3. As used in this chapter, "constant supervision" means monitoring a violent offender twenty-four (24) hours each day by means described in section 12(b) of this chapter.
SOURCE: IC 35-38-2.5-4.5; (01)HE1806.1.3. -->     SECTION 3. 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)HE1806.1.4. -->     SECTION 4. 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), IC 35-42-2-1, IC 35-42-2-1.3, IC 35-43-1-1, IC 35-44-3-5, IC 35-45-10-5, or IC 35-47-5-1;
        (2) charged with an offense or attempted offense listed in IC 35-50-1-2(a), IC 35-42-2-1, IC 35-42-2-1.3, IC 35-43-1-1, IC 35-44-3-5, IC 35-45-10-5, or IC 35-47-5-1; or
        (3) a security risk as determined under section 10 of this chapter.

SOURCE: IC 35-38-2.5-5; (01)HE1806.1.5. -->     SECTION 5. IC 35-38-2.5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a) Except as provided in section 5.5 of this chapter, as a condition of probation a court may order an offender confined to the offender's home for a period of home detention lasting at least sixty (60) days.
    (b) The period of home detention may be consecutive or nonconsecutive, as the court orders. However, the aggregate time actually spent in home detention must not exceed:
        (1) the minimum term of imprisonment prescribed for a felony under IC 35-50-2; or
        (2) the maximum term of imprisonment prescribed for a misdemeanor under IC  35-50-3;
for the crime committed by the offender.
    (c) The court may order supervision of an offender's home detention to be provided by the probation department for the court or by a community corrections program that provides supervision of home detention.
    (d) A person's term of confinement on home detention under this chapter is computed on the basis of the actual days the person spends on home detention.
SOURCE: IC 35-38-2.5-5.5; (01)HE1806.1.6. -->     SECTION 6. IC 35-38-2.5-5.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5.5. (a) A court may not place an

offender who resides in a different county on home detention unless:
        (1) the offender is eligible for home detention in the county in which the person resides; and
        (2) supervision of the offender will be conducted by the probation department or community corrections program located in the county in which the offender resides.

     (b) If an offender is:
        (1) currently serving home detention in a county that operates a home detention program; and
        (2) being supervised by a probation department or community corrections
program located in a different county;
the court shall order that supervision of the offender be transferred to the probation department or community corrections program
located in the county where the offender resides.
    (c) All home detention fees described in section 8 of this chapter shall be collected by the probation department or community corrections program that supervises the offender.

SOURCE: IC 35-38-2.5-10; (01)HE1806.1.7. -->     SECTION 7. 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 (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.
        (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.
SOURCE: IC 35-38-2.5-12; (01)HE1806.1.8. -->     SECTION 8. IC 35-38-2.5-12 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 12. (a) 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 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 court order for home detention.
     (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.

SOURCE: IC 35-38-2.5-13; (01)HE1806.1.9. -->     SECTION 9. IC 35-38-2.5-13 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 13. An offender who:
        (1) leaves the offender's home in violation of section 6(1) of this chapter or without documented permission from the supervising entity;
        (2) remains outside the offender's home in violation of section 6(1) of this chapter or without documented permission from the supervising entity; or
        (3) travels to a location not authorized under section 6(1) of this chapter or not authorized in writing by the supervising entity;
commits unauthorized absence from home detention, a Class A

misdemeanor.

SOURCE: IC 35-38-2.6-4.5; (01)HE1806.1.10. -->     SECTION 10. IC 35-38-2.6-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4.5. If a court places a person on home detention as part of a community corrections program, the placement must comply with IC 35-38-2.5, including the supervision, monitoring, and unauthorized absence provisions of IC 35-38-2.5-10, IC 35-38-2.5-12, and IC 35-38-2.5-13.
SOURCE: IC 35-44-3-5; (01)HE1806.1.11. -->     SECTION 11. IC 35-44-3-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a) A person, except as provided in subsection (b), who intentionally flees from lawful detention commits escape, a Class C felony. However, the offense is a Class B felony if, while committing it, the person draws or uses a deadly weapon or inflicts bodily injury on another person.
    (b) A person who knowingly or intentionally violates a home detention order and or intentionally removes an electronic monitoring device commits escape, a Class D felony.
    (c) 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 Class D felony. However, the offense is a Class C felony if, while committing it, the person draws or uses a deadly weapon or inflicts bodily injury on another person.


HEA 1806 _ Concur

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