SENATE BILL No. 287
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-38-2.5.
Synopsis: GPS monitoring while on probation. 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. Makes a technical change
correcting the definition of "violent offender" for purposes of home
Effective: July 1, 2005.
January 6, 2005, read first time and referred to Committee on Judiciary.
First Regular Session 114th General Assembly (2005)
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SENATE BILL No. 287
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)IN0287.1.1. -->
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
SOURCE: IC 35-38-2.5-3; (05)IN0287.1.2. -->
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:
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;
(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
oral or wire an electronic communication or any auditory
(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)IN0287.1.3. -->
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
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.