HB 1806-1_ Filed 03/29/2001, 09:36

COMMITTEE REPORT

MR. PRESIDENT:

    The Senate Committee on Corrections, Criminal and Civil Procedures, to which was referred House Bill No. 1806, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 1, line 4; (01)CR180602.1. -->     Page 1, line 4, strike "actual" and insert " interior".
    Page 2, line 8, after "chapter" insert " ,".
    Page 2, line 14, after "chapter" insert " ,".
    Page 2, between lines 24 and 25, begin a new paragraph and insert:
SOURCE: IC 35-38-2.5-5; (01)CR180602.5. -->     "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)CR180602.6. -->     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: Page 2, line 39; (01)CR180602.2. -->     Page 2, line 39, after "agencies" insert " (including any contract agencies)".
    Page 3, line 17, delete "ensure" and insert " minimize the possibility".
    Page 3, line 18, delete "may not" and insert " can".
    Page 3, line 25, after "agency" insert " or contract agency".
    Page 4, between lines 7 and 8, begin a new paragraph and insert:
SOURCE: IC 35-38-2.6-4.5; (01)CR180602.8. -->     "SECTION 8. 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.".


    Renumber all SECTIONS consecutively.
    (Reference is to HB 1806 as reprinted February 28, 2001.)

and when so amended that said bill do pass.

Committee Vote: Yeas 9, Nays 0.

____________________________________

    Long
Chairperson


CR180602/DI 106    2001