On January 11, 2022, the Senate Corrections and Criminal Law Committee heard SB 9 on electronic monitoring standards authored by Sen. Walker.This billestablishes standards, including staffing minimums and notification time frames, for persons and entities responsible for monitoring individuals required to wear a monitoring device as a condition of probation, parole, pretrial release, or community corrections. The bill provides that a defendant commits escape if the defendant disables or interferes with the operation of an electronic monitoring device. (Under current law, the defendant commits the offense by removing an electronic monitoring device.) The bill also requires a court to revoke the bail of a defendant who commits escape.
The Fraternal Order of Police, Indianapolis Metropolitan Police Department, Marion County Community Corrections, and the Indiana Prosecuting Attorneys Council testified in support of the bill. The Indiana Public Defender Council, Vera Institute of Justice, Indiana Judges Association, and Recycle Force testified in opposition. Stand for Children testified but remained neutral. The bill was held for amendment.
On January 18, 2022, the bill was amended by consent to:
- define “Indiana risk assessment system” and “vulnerable victim” and specifies the duties of: (1) a monitor for tracked individuals at different risk levels; (2) a supervising agency in the case of a violation; and (3) local law enforcement
- remove provisions concerning automatic revocation
- require a monitor to transmit a quarterly report to JRAC and provides civil immunity under certain circumstances
- define escape as a Level 6 felony as intentionally removing, disabling, or interfering with the operation of an electronic monitoring device or GPS tracking device
- require the local justice reinvestment advisory council to report the legislative council.
The amended bill passed 9-0.
Read the bill at: http://iga.in.gov/legislative/2022/bills/senate/9