Introduced Version
HOUSE BILL No. 1284
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 11-8-1
;
IC 11-13-9
;
IC 35-33-8.7
;
IC 35-38-2.5
;
IC 35-44-3-5.
Synopsis: Violent offenders on home detention. Creates a provision
for constant supervision of violent offenders on home detention: (1) as
a condition of pre-trial release; and (2) as a condition of parole.
Requires the department of correction, probation departments, and
community corrections programs to develop written criteria and
procedures to determine if an offender placed on home detention as a
condition of pre-trial release or parole is a violent offender. Requires
that an entity monitoring a violent offender: (1) provide local law
enforcement agencies with information indicating whether an offender
on home detention is a violent offender; and (2) cause a law
enforcement agency to be contacted first if a violent offender violates
a condition of home detention.
Effective: July 1, 2002.
Reske, Bardon, Linder, Ulmer
January 14, 2002, read first time and referred to Committee on Courts and Criminal Code.
Introduced
Second Regular Session 112th General Assembly (2002)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2001 General Assembly.
HOUSE BILL No. 1284
A BILL FOR 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 11-8-1-6.5; (02)IN1284.1.1. -->
SECTION 1.
IC 11-8-1-6.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 6.5. "Constant supervision" means the monitoring of
a violent offender twenty-four (24) hours each day.
SOURCE: IC 11-8-1-8.7; (02)IN1284.1.2. -->
SECTION 2.
IC 11-8-1-8.7
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]:
Sec. 8.7. (a) "Home" means:
(1) the interior living area of the temporary or permanent
residence of a person; or
(2) if a person's residence is a multiple family dwelling, the
unit in which the person resides, not including the:
(A) halls or common areas outside the unit where the
person resides; or
(B) other units, occupied or unoccupied, in the multiple
family dwelling.
(b) The term includes a hospital, health care facility, hospice,
group home, maternity home, residential treatment facility, and
boarding house.
(c) 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 person's immediate family.
SOURCE: IC 11-8-1-8.8; (02)IN1284.1.3. -->
SECTION 3.
IC 11-8-1-8.8
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 8.8. "Monitoring device" means an electronic device
that:
(1) is limited in capability to recording or transmitting
information regarding an offender's presence or absence from
the offender's home;
(2) is minimally intrusive upon the privacy of the offender or
other persons residing in the offender's home; and
(3) with the written consent of the offender and other persons
residing in the home at the time an order for home detention
is entered, may record or transmit:
(A) visual images;
(B) oral or wire communication or any auditory sound; or
(C) information regarding the offender's activities while
inside the offender's home.
SOURCE: IC 11-8-1-8.9; (02)IN1284.1.4. -->
SECTION 4.
IC 11-8-1-8.9
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 8.9. "Monitoring entity" means an entity that:
(1) is charged with supervising an offender on home detention
as a condition of parole; and
(2) uses a monitoring device and electronic surveillance
equipment to determine if an offender is present or absent
from the offender's home.
SOURCE: IC 11-8-1-11; (02)IN1284.1.5. -->
SECTION 5.
IC 11-8-1-11
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 11. "Security risk" means a person who is a:
(1) flight risk; or
(2) threat to the physical safety of the public.
SOURCE: IC 11-8-1-12; (02)IN1284.1.6. -->
SECTION 6.
IC 11-8-1-12
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 12. "Violent offender" means a person who meets
either of the following conditions:
(1) Was placed on parole for conviction of any of the following
offenses or attempted offenses:
(A) Battery (IC 35-42-2-1).
(B) Domestic battery (IC 35-42-2-1.3).
(C) Arson (IC 35-43-1-1).
(D) Escape (IC 35-44-3-5).
(E) Failure to return to lawful detention (IC 35-44-3-5).
(F) Stalking (IC 35-45-10-5).
(G) Knowingly selling, manufacturing, purchasing, or
possessing a bomb or other container containing an
explosive or inflammable substance (IC 35-47-5-1).
(H) A crime identified as a "crime of violence" in
IC 35-50-1-2(a).
(2) Is a security risk, as determined under IC 11-13-9-2.
SOURCE: IC 11-13-9; (02)IN1284.1.7. -->
SECTION 7.
IC 11-13-9
IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]:
Chapter 9. Violent Offenders on Home Detention as a Condition
of Parole
Sec. 1. This chapter applies to an offender who has been placed
on parole under
IC 11-13-3
or
IC 35-50-6-1.
Sec. 2. (a) The department of correction shall establish written
criteria and procedures for determining whether an offender is a
violent offender (as defined in
IC 11-8-1-12
).
(b) The department of correction shall use the criteria and
procedures established under subsection (a) to establish a record
keeping system that allows the department of correction to quickly
determine whether an offender placed on home detention as a
condition of parole is a violent offender.
Sec. 3. The department of correction, before a term of home
detention begins, shall provide to the monitoring entity a written
statement indicating whether the offender to be placed in home
detention is a violent offender.
Sec. 4. A monitoring entity shall provide all law enforcement
agencies having jurisdiction in the place where the offender's home
detention is located with a list that includes the following
information:
(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 and
placed on parole.
(3) The date the offender's home detention expires.
(4) The name, address, and telephone number of the parole
officer supervising the offender on home detention.
(5) An indication of whether the offender is a violent offender.
Sec. 5. Except for absences from the offender's home for reasons
set forth in
IC 35-38-2.5-6
(1), a monitoring entity shall, at the
beginning of a period of home detention, set the monitoring device
and surveillance equipment to minimize the possibility that an
offender can enter another residence or structure without a
violation.
Sec. 6. (a) A monitoring entity shall immediately contact a local
law enforcement agency described in section 4 of this chapter upon
determining that a violent offender is violating a condition of home
detention.
(b) A monitoring entity shall use a monitoring device and
surveillance equipment to maintain constant supervision of the
violent offender.
SOURCE: IC 35-33-8.7; (02)IN1284.1.8. -->
SECTION 8.
IC 35-33-8.7
IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]:
Chapter 8.7. Pre-Trial Release and Home Detention
Sec. 1. As used in this chapter, "constant supervision" means
the monitoring of a violent offender twenty-four (24) hours each
day by means described in section 7 of this chapter.
Sec. 2. (a) As used in this chapter, "home" means:
(1) the interior living area of the temporary or permanent
residence of a person; or
(2) if a person's residence is a multiple family dwelling, the
unit in which the person resides, not including the:
(A) halls or common areas outside the unit where the
person resides; or
(B) other units, occupied or unoccupied, in the multiple
family dwelling.
(b) The term includes a hospital, health care facility, hospice,
group home, maternity home, residential treatment facility, and
boarding house.
(c) 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 person's immediate family.
Sec. 3. "Monitoring device" means an electronic device that:
(1) is limited in capability to recording or transmitting
information regarding an offender's presence or absence from
the offender's home;
(2) is minimally intrusive upon the privacy of the offender or
other persons residing in the offender's home; and
(3) with the written consent of the offender and other persons
residing in the home at the time an order for home detention
is entered, may record or transmit:
(A) visual images;
(B) oral or wire communication or any auditory sound; or
(C) information regarding the offender's activities while
inside the offender's home.
Sec. 4. As used in this chapter, "security risk" means a person
who is a:
(1) flight risk; or
(2) threat to the physical safety of the public.
Sec. 5. As used in this chapter, "violent offender" means a
person who meets either of the following conditions:
(1) Is charged with one (1) of the following offenses or
attempted offenses:
(A) Battery (IC 35-42-2-1).
(B) Domestic battery (IC 35-42-2-1.3).
(C) Arson (IC 35-43-1-1).
(D) Escape (IC 35-44-3-5).
(E) Failure to return to lawful detention (IC 35-44-3-5).
(F) Stalking (IC 35-45-10-5).
(G) Knowingly selling, manufacturing, purchasing, or
possessing a bomb or other container containing an
explosive or inflammable substance (IC 35-47-5-1).
(H) A crime identified as a "crime of violence" in
IC 35-50-1-2(a).
(2) Is a security risk.
Sec. 6. (a) If a person resides in a county other than the county
in which the court has jurisdiction, the court may not place the
person on home detention as a condition of pre-trial release unless:
(1) the person is eligible for home detention as a condition of
pre-trial release in the county in which the person resides;
and
(2) supervision of the offender will be conducted by the county
in which the person resides.
(b) If a person is:
(1) 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 county other than the county
in which the court has jurisdiction;
the court may order that supervision of the person be transferred
to the county where the person resides if the person remains on
home detention in the other county.
(c) All home detention fees shall be collected by the county that
supervises the offender.
Sec. 7. (a) Each probation department or community
corrections department shall establish written criteria and
procedures for determining whether a person placed on home
detention as a condition of pre-trial release qualifies as a violent
offender.
(b) A probation department 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 placed on
home detention as a condition of pre-trial release is a violent
offender.
(c) A probation department or community corrections
department charged by a court with supervision of a violent
offender placed on home detention as a condition of pre-trial
release shall provide all law enforcement agencies having
jurisdiction in the place where the probation department or
community corrections department is located with information on
the violent offender supervised by the probation department or
community corrections department. The information must include
the following:
(1) The violent offender's name, any known aliases, and the
location of the person's home detention.
(2) The crime with which the violent offender is charged.
(3) The name, address, and telephone number of the violent
offender's supervising probation or community corrections
officer for pre-trial home detention.
(4) An indication of whether the offender is a violent offender.
(d) A probation department or community corrections
department charged by a court with supervision of an offender
placed on home detention as a condition of pre-trial release shall
set the monitoring device and surveillance equipment to minimize
the possibility that the offender can enter another residence or
structure without a violation.
Sec. 8. (a) A contract agency described in subsection (b) or a
probation department or community corrections department
charged by a court with supervision of a violent offender placed on
home detention under this chapter shall immediately contact a
local law enforcement agency upon determining that a violent
offender is violating a condition of home detention.
(b) A probation department or community corrections
department charged by a court with supervision of a violent
offender placed on home detention under this chapter shall use a
monitoring device and surveillance equipment to maintain constant
supervision of the violent offender. 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 35-38-2.5-4.7; (02)IN1284.1.9. -->
SECTION 9.
IC 35-38-2.5-4.7
, AS ADDED BY P.L.137-2001,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: 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
; or
(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) (2) a security risk as determined under section 10 of this
chapter.
SOURCE: IC 35-38-2.5-10; (02)IN1284.1.10. -->
SECTION 10.
IC 35-38-2.5-10
, AS AMENDED BY P.L.137-2001,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: 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
an offender 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 for the offender's absences from the offender's home
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 an offender 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; (02)IN1284.1.11. -->
SECTION 11.
IC 35-38-2.5-12
, AS ADDED BY P.L.137-2001,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 12. (a) A contracting entity described in
subsection (b), 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 35-44-3-5; (02)IN1284.1.12. -->
SECTION 12.
IC 35-44-3-5
, AS AMENDED BY P.L.137-2001,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: 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 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.