Introduced Version
SENATE BILL No. 153
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-38-2.5.
Synopsis: Home detention. Allows a court to order an offender on
home detention to wear a monitoring device that can reliably determine
the location of the offender. Changes the definition of "monitoring
device" to include a device that can: (1) record information 24 hours a
day regarding an offender's location; (2) track where an offender has
been; and (3) notify the appropriate agency if an offender violates a
home detention order. Requires a probation department or community
corrections program that monitors an offender on home detention to:
(1) maintain constant supervision of the offender; and (2) have staff
available at all times to respond if the offender violates a home
detention order. Makes technical change correcting the definition of
"violent offender" for purposes of home detention. (The introduced
version of this bill was prepared by the sentencing policy study
committee.)
Effective: July 1, 2005.
Long, Howard
January 4, 2005, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
Introduced
First Regular Session 114th General Assembly (2005)
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SENATE BILL No. 153
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 35-38-2.5-2.5; (05)IN0153.1.1. -->
SECTION 1. IC 35-38-2.5-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 2.5. As used in this chapter,
"contract agency" means an agency or a company that contracts
with a community corrections program or a probation department
to monitor an offender or alleged offender using a monitoring
device.
SOURCE: IC 35-38-2.5-3; (05)IN0153.1.2. -->
SECTION 2. IC 35-38-2.5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) As used in this
chapter, "monitoring device" means an electronic device that:
(1) is limited in capability to the recording can record or
transmitting of transmit information twenty-four (24) hours
each day regarding an offender's:
(A) presence or absence from the offender's home; and
(B) location while the offender is away from 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 with the written
consent of other persons residing in the home at the time an order
for home detention is entered, may record or transmit:
(A) a visual images; image;
(B) oral or wire an electronic communication or any auditory
sound; or
(C) information regarding the offender's activities while inside
the offender's home;
(4) can track the locations where the offender has been; and
(5) can notify a probation department, a community
corrections program, or a contract agency if the offender
violates the terms of a home detention order.
(b) The term includes any device that can reliably determine the
location of an offender, including a device that uses a global
positioning system satellite service.
SOURCE: IC 35-38-2.5-4.7; (05)IN0153.1.3. -->
SECTION 3. IC 35-38-2.5-4.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: 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 35-50-1-2(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, IC 35-47-5-1
(repealed), or IC 35-47.5-5;
(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 35-42-4,
IC 35-43-1-1, IC 35-44-3-5, IC 35-45-10-5, IC 35-46-1-3,
IC 35-47-5-1 (repealed), or IC 35-47.5-5; or
(3) a security risk as determined under section 10 of this chapter.
SOURCE: IC 35-38-2.5-10; (05)IN0153.1.4. -->
SECTION 4. IC 35-38-2.5-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10. (a) Each probation
department or community corrections program shall establish written
criteria and procedures for determining whether an offender or alleged
offender that the department or program supervises on home detention
qualifies as a violent offender.
(b) A probation department or community corrections program shall
use the criteria and procedures established under subsection (a) to
establish a record keeping system that allows the department or
program 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.
(e) A probation department or community corrections program
charged by a court with supervision of offenders and alleged
offenders ordered to undergo home detention shall:
(1) maintain or contract with a contract agency to maintain
constant supervision of each offender and alleged offender;
and
(2) have adequate staff available twenty-four (24) hours each
day to respond if an offender or alleged offender violates the
conditions of a home detention order.
(f) A contract agency that maintains supervision of an offender
or alleged offender under subsection (e)(1) shall notify the
contracting probation department or community corrections
program within one (1) hour if the offender or alleged offender
violates the conditions of a home detention order. However:
(1) a community corrections advisory board, if the offender is
serving home detention as part of a community corrections
program; or
(2) a probation department, if the offender or alleged offender
is serving home detention as a condition of probation or bail;
may shorten the time in which the contract agency must give notice
of a home detention order violation.
(g) A probation department or community corrections program
may contract with a contract agency under subsection (e)(1) only
if the contract agency can comply with subsection (f).
SOURCE: IC 35-38-2.5-12; (05)IN0153.1.5. -->
SECTION 5. IC 35-38-2.5-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: 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:
(1) 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
order;
(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
(2) maintain constant supervision of the violent offender using a
monitoring device and surveillance equipment
The supervising
entity may do this by
either:
(1) (A) using the supervising entity's equipment and personnel;
or
(2) (B) contracting with
an outside entity; a contract agency;
and
(3) have adequate staff available twenty-four (24) hours each
day to respond if the violent offender violates the conditions
of a home detention order.
(b) A contract agency that maintains supervision of a violent
offender under subsection (a)(2) shall notify the contracting
probation department or community corrections program within
one (1) hour if the violent offender violates the conditions of a
home detention order. However, a:
(1) community corrections advisory board, if the violent
offender is serving home detention as part of a community
corrections program; or
(2) probation department, if the violent offender is serving
home detention as a condition of probation or bail;
may shorten the time in which the contract agency must give notice
of a home detention order violation.
(c) A probation department or community corrections program
may contract with a contract agency under subsection (a)(2) only
if the contract agency can comply with subsection (b).