Introduced Version




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 detention.

Effective: July 1, 2005.


    January 6, 2005, read first time and referred to Committee on Judiciary.


First Regular Session 114th General Assembly (2005)

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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    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 device.
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:
        (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)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 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.