Bill Text: IN SB0290 | 2010 | Regular Session | Amended
Bill Title: Probation.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2010-02-08 - First reading: referred to Committee on Courts and Criminal Code [SB0290 Detail]
Download: Indiana-2010-SB0290-Amended.html
Citations Affected: IC 35-38.
Synopsis: Probation. Provides that the requirement that certain
offenders placed on home detention be subject to constant supervision
does not apply, with certain exceptions, if the supervising department
or program's inability to maintain constant supervision is solely
because electronic monitoring is not possible in certain locations in the
county due to the unavailability of an appropriate telecommunications
infrastructure. Specifies that the requirement that a contract agency
supervising an offender on home detention notify authorities within one
hour of a violation of the conditions of home detention does not apply,
with certain exceptions, if the late notification occurs solely because
electronic monitoring is not possible in certain locations in the county
due to the unavailability of an appropriate telecommunications
infrastructure and the contract agency notifies the authorities as soon
as possible after learning of the violation.
Effective: July 1, 2010.
January 11, 2010, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
January 21, 2010, reported favorably _ Do Pass.
January 26, 2010, read second time, amended, ordered engrossed.
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
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A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
(1) cause a local law enforcement agency or contract agency described in section 10 of this chapter to be the initial agency contacted upon determining that the violent offender is in violation of a home detention order;
(2) maintain constant supervision of the violent offender using surveillance equipment and a monitoring device that can transmit information twenty-four (24) hours each day regarding an offender's precise location by either:
(A) using the supervising entity's equipment and personnel; or
(B) contracting with a contract agency; and
(3) have adequate staff available twenty-four (24) hours each day to respond if the violent offender violates the conditions of a
home detention order.
A probation department or a community corrections program does
not violate subdivision (2) if the department or program
substantially complies with subdivision (2) and the department's or
program's inability to maintain constant supervision over a violent
offender is solely because electronic monitoring is not possible in
certain locations in the county due to the unavailability of an
appropriate telecommunications infrastructure. However, if a
violent offender enters a location in the county where electronic
monitoring is not possible, and this location corresponds with a
location that the violent offender is not permitted to enter, the
department or program shall treat the violent offender's entry into
this location as the violation of a home detention order unless or
until the department or program determines that the violent
offender has not violated a home detention order.
(b) Except as provided in subsection (d), a contract agency that
maintains supervision of a violent offender under subsection (a)(2)
shall notify the contracting probation department or community
corrections program within one (1) hour if the violent offender violates
the conditions of a home detention order. However, a:
(1) community corrections advisory board, if the violent offender
is serving home detention as part of a community corrections
program; or
(2) probation department, if the violent offender is serving home
detention as a condition of probation or bail;
may shorten the time in which the contract agency must give notice of
a home detention order violation.
(c) A probation department or community corrections program may
contract with a contract agency under subsection (a)(2) only if the
contract agency can comply with subsection (b).
(d) A contract agency that maintains supervision of a violent
offender may notify the contracting probation department or
community corrections program later than one (1) hour (or later
than any shorter period established by a community corrections
advisory board or probation department, if applicable) from the
time a violent offender violates the conditions of a home detention
order, if:
(1) the late notification occurs solely because electronic
monitoring is not possible in certain locations in the county
due to the unavailability of an appropriate
telecommunications infrastructure; and
(2) the contract agency notifies the contracting probation
department or community corrections program as soon as
possible after learning of the violation.
However, if a violent offender enters a location in the county where
electronic monitoring is not possible, and this location corresponds
with a location that the violent offender is not permitted to enter,
the contract agency shall treat the violent offender's entry into this
location as the violation of a home detention order and notify the
contracting probation department or community corrections
program within one (1) hour (or a shorter time period, if required
by the contract) of the apparent violation.
