The House Corrections and Criminal Code Committee heard SB 9 on the electronic monitoring standards sponsored by Rep. Torr.Theauthor, Sen. Walker, introduced the bill which establishes 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
- defines “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
- removes provisions concerning automatic revocation
- requires a monitor to transmit a quarterly report to JRAC and provides civil immunity under certain circumstances
- defines escape as a Level 6 felony as intentionally removing, disabling, or interfering with the operation of an electronic monitoring device or GPS tracking device
- requires the local justice reinvestment advisory council to report to the legislative council
- makes escape committed by a juvenile status offender a status offense under certain circumstances
- specifies that a person who violates a provision of home detention which relates to the consumption of a prohibited substance, to tardiness or missed appointments, or to failure to pay user fees does not commit escape.
- specifies that a monitor, or supervising agency, may specify a “backup verification method” to track a monitored individual.
The bill was amended by consent to:
- remove the requirement that each probation department send to the judicial conference of Indiana statistical information concerning home detention for the preceding calendar year and requires the local justice reinvestment advisory council to provide the equivalent statistical information to the judicial conference of Indiana on a quarterly basis.
- provide that beginning January 1, 2023, a monitor must transmit a quarterly report to the local justice reinvestment advisory council concerning persons under the monitor’s supervision.
- remove the requirement that a contract agency maintaining supervision of an offender or alleged offender notify the contracting probation department or community corrections program within one hour if the offender or alleged offender violates the conditions of a home detention order and requires the contract agency to follow the requirements established under the chapter concerning electronic monitoring standards.
The Indiana Prosecuting Attorneys Council, Indiana Public Defender Council, and Stand for Children testified in support of the bill. The Vera Institute of Justice and Probation Officers Professional Association of Indiana testified in opposition. The amended bill passed 9-0.
Read the bill at: http://iga.in.gov/legislative/2022/bills/senate/9