Bill Text: IN HB1354 | 2010 | Regular Session | Introduced
Bill Title: Conditional early release bond.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-13 - First reading: referred to Committee on Courts and Criminal Code [HB1354 Detail]
Download: Indiana-2010-HB1354-Introduced.html
Citations Affected: IC 11-13-3-4; IC 35-38.
Synopsis: Conditional early release bond. Allows a court when it
places a person on probation or the parole board when it releases a
person to: (1) require the person to execute a bond with a surety; and
(2) set certain conditions of the person's release as part of the bond.
Provides that if not later than 180 days after the date a surety receives
a written notice of a principal's violation of one of the conditions: (1)
the person is placed back in custody by the surety or another person,
the bond is exonerated; and (2) the person is not placed back in
custody, the surety must pay a penalty equal to the face value of the
bond.
Effective: July 1, 2010.
January 13, 2010, read first time and referred to Committee on Courts and Criminal Code.
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A BILL FOR AN ACT to amend the Indiana Code concerning
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(b) The parole board may also adopt, under IC 4-22-2, additional conditions to remaining on parole and require a parolee to satisfy one (1) or more of these conditions. These conditions must be reasonably related to the parolee's successful reintegration into the community and not unduly restrictive of a fundamental right.
(c) If a person is released on parole, the parolee shall be given a written statement of the conditions of parole. Signed copies of this statement shall be:
(1) retained by the parolee;
(2) forwarded to any person charged with the parolee's supervision; and
(3) placed in the parolee's master file.
(d) The parole board may modify parole conditions if the parolee
receives notice of that action and had ten (10) days after receipt of the
notice to express the parolee's views on the proposed modification.
This subsection does not apply to modification of parole conditions
after a revocation proceeding under section 10 of this chapter.
(e) As a condition of parole, the parole board may require the
parolee to reside in a particular parole area. In determining a parolee's
residence requirement, the parole board shall:
(1) consider:
(A) the residence of the parolee prior to the parolee's
incarceration; and
(B) the parolee's place of employment; and
(2) assign the parolee to reside in the county where the parolee
resided prior to the parolee's incarceration unless assignment on
this basis would be detrimental to the parolee's successful
reintegration into the community.
(f) As a condition of parole, the parole board may require the
parolee to:
(1) periodically undergo a laboratory chemical test (as defined in
IC 14-15-8-1) or series of tests to detect and confirm the presence
of a controlled substance (as defined in IC 35-48-1-9); and
(2) have the results of any test under this subsection reported to
the parole board by the laboratory.
The parolee is responsible for any charges resulting from a test
required under this subsection. However, a person's parole may not be
revoked on the basis of the person's inability to pay for a test under this
subsection.
(g) As a condition of parole, the parole board:
(1) may require a parolee who is a sex offender (as defined in
IC 11-8-8-4.5) to:
(A) participate in a treatment program for sex offenders
approved by the parole board; and
(B) avoid contact with any person who is less than sixteen (16)
years of age unless the parolee:
(i) receives the parole board's approval; or
(ii) successfully completes the treatment program referred to
in clause (A); and
(2) shall:
(A) require a parolee who is a sex or violent offender (as
defined in IC 11-8-8-5) to register with a local law
enforcement authority under IC 11-8-8;
(B) prohibit a parolee who is a sex offender from residing
within one thousand (1,000) feet of school property (as defined
in IC 35-41-1-24.7) for the period of parole, unless the sex
offender obtains written approval from the parole board;
(C) prohibit a parolee who is a sex offender convicted of a sex
offense (as defined in IC 35-38-2-2.5) from residing within
one (1) mile of the victim of the sex offender's sex offense
unless the sex offender obtains a waiver under IC 35-38-2-2.5;
(D) prohibit a parolee who is a sex offender from owning,
operating, managing, being employed by, or volunteering at
any attraction designed to be primarily enjoyed by children
less than sixteen (16) years of age;
(E) require a parolee who is a sex offender to consent:
(i) to the search of the sex offender's personal computer at
any time; and
(ii) to the installation on the sex offender's personal
computer or device with Internet capability, at the sex
offender's expense, of one (1) or more hardware or software
systems to monitor Internet usage; and
(F) prohibit the sex offender from:
(i) accessing or using certain web sites, chat rooms, or
instant messaging programs frequented by children; and
(ii) deleting, erasing, or tampering with information on the
sex offender's personal computer with intent to conceal an
activity prohibited by item (i).
The parole board may not grant a sexually violent predator (as defined
in IC 35-38-1-7.5) or a sex offender who is an offender against children
under IC 35-42-4-11 a waiver under subdivision (2)(B) or (2)(C). If the
parole board allows the sex offender to reside within one thousand
(1,000) feet of school property under subdivision (2)(B), the parole
board shall notify each school within one thousand (1,000) feet of the
sex offender's residence of the order.
(h) The address of the victim of a parolee who is a sex offender
convicted of a sex offense (as defined in IC 35-38-2-2.5) is
confidential, even if the sex offender obtains a waiver under
IC 35-38-2-2.5.
(i) As a condition of parole, the parole board may require a parolee
to participate in a reentry court program.
(j) As a condition of parole, the parole board:
(1) shall require a parolee who is a sexually violent predator
under IC 35-38-1-7.5; and
(2) may require a parolee who is a sex or violent offender (as
defined in IC 11-8-8-5);
to wear a monitoring device (as described in IC 35-38-2.5-3) that can
transmit information twenty-four (24) hours each day regarding a
person's precise location.
(k) As a condition of parole, the parole board may prohibit, in
accordance with IC 35-38-2-2.6, a parolee who has been convicted of
stalking from residing within one thousand (1,000) feet of the residence
of the victim of the stalking for a period that does not exceed five (5)
years.
(l) As a condition of parole, the parole board may prohibit a parolee
convicted of an offense under IC 35-46-3 from owning, harboring, or
training an animal, and, if the parole board prohibits a parolee
convicted of an offense under IC 35-46-3 from having direct or indirect
contact with an individual, the parole board may also prohibit the
parolee from having direct or indirect contact with any animal
belonging to the individual.
(m) A parolee may be responsible for the reasonable expenses, as
determined by the department, of the parolee's participation in a
treatment or other program required as a condition of parole under this
section. However, a person's parole may not be revoked solely on the
basis of the person's inability to pay for a program required as a
condition of parole under this section.
(n) As a condition of parole, the parole board may:
(1) release a parolee on bond under IC 35-38-8; and
(2) require the parolee to meet the conditions set by the parole
board under IC 35-38-8-5.
(1) release a person on bond under IC 35-38-8; and
(2) require the person to meet the conditions set by the court under IC 35-38-8-5.
Chapter 8. Conditional Early Release Bond
Sec. 1. As used in this chapter, "bond" means a written undertaking delivered by a surety to a releasing authority that describes the terms and conditions of the surety's duties and the principal's duties.
Sec. 2. As used in this chapter, "principal" means a person released under this chapter.
Sec. 3. As used in this chapter, "releasing authority" means:
(1) a court acting under IC 35-38-2-2.8; or
(2) the parole board acting under IC 11-13-3-4(n).
Sec. 4. As used in this chapter, "surety" means an insurance company licensed to do business in Indiana.
Sec. 5. (a) A releasing authority may release a principal from custody by requiring the principal to execute a bond with a surety.
(b) The releasing authority:
(1) may set the conditions of the principal's release under subsection (c); and
(2) shall set the conditions of the principal's release under subsection (d);
and shall make the conditions part of the bond.
(c) The releasing authority may require the principal to do one (1) or more of the following as a condition of the principal's release:
(1) Participate in drug or alcohol testing.
(2) Participate in and complete a drug or alcohol recovery program.
(3) Refrain from contacting or communicating with any witness involved in the principal's conviction.
(4) Refrain from contacting or communicating with any victim involved in the principal's conviction.
(5) Obtain and retain gainful employment.
(6) Remain on home detention and use a monitoring device (as defined in IC 35-38-2.5-3) that employs a global positioning system satellite service.
(7) Abide by specified travel restrictions.
(8) Make specified restitution payments.
(9) Pay specified fines and court costs.
(10) Perform community service.
(11) Participate in and complete specified education courses.
(12) Meet any other conditions established by the releasing authority.
(d) The releasing authority shall set the following as conditions of the principal's release:
(1) Require the principal to pay the surety's charge for writing the bond. The amount a surety charges to write a bond may not equal less than ten percent (10%) of the face value of the bond.
(2) Require the principal to report personally to the surety at times and places as directed by the releasing authority and the surety.
Sec. 6. A bond posted under this chapter must:
(1) be for a term of one (1) year and allow for annual renewal;
(2) be in favor of and payable to the state;
(3) require the releasing authority to give the surety written notice if the principal violates a condition of the principal's release not more than five (5) days after the date the violation occurs; and
(4) provide that if not more than one hundred eighty (180) days after the date a surety receives a written notice of a principal's violation under subdivision (3):
(A) the principal is placed back in custody by the surety or another person, the bond shall be exonerated; and
(B) the principal is not placed back in custody, the surety shall pay a penalty equal to the face value of the bond.
Sec. 7. Any time after a surety receives notice that a principal has violated a condition of the principal's release, the surety may arrest the principal and surrender the principal to the nearest county jail. If a principal is surrendered not more than one hundred eighty (180) days after the date the surety receives notice of the violation, the bond shall be exonerated.
Sec. 8. If a principal is placed back in custody after violating a condition of the principal's release, the releasing authority may:
(1) revoke the bond; or
(2) continue the bond by nullifying the violation.
