Bill Text: IN SB0291 | 2010 | Regular Session | Amended
Bill Title: Sex or violent offender tracking program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-28 - Pursuant to Senate Rule 65(b), reassigned to Appropriations. [SB0291 Detail]
Download: Indiana-2010-SB0291-Amended.html
Citations Affected: IC 4-10; IC 35-38.
Synopsis: Sex or violent offender tracking program. Creates the public
safety technology fund to purchase, operate, and maintain a qualified
sex or violent offender tracking program. Establishes a monthly $1
probation technology fee to fund the public safety technology fund, and
provides that the attorney general shall administer the fund in
consultation with the Indiana sheriffs.
Effective: July 1, 2010.
January 11, 2010, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
January 28, 2010, amended, reported favorably _ Do Pass. Pursuant to Senate Rule 65(b),
reassigned to Committee on Appropriations.
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
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
(1) specify in the record the conditions of the probation; and
(2) advise the person that if the person violates a condition of probation during the probationary period, a petition to revoke probation may be filed before the earlier of the following:
(A) One (1) year after the termination of probation.
(B) Forty-five (45) days after the state receives notice of the violation.
(b) In addition, if the person was convicted of a felony and is placed on probation, the court shall order the person to pay to the probation department the user's fee prescribed under subsection (d). If the person was convicted of a misdemeanor, the court may order the person to pay the user's fee prescribed under subsection (e). The court may:
(1) modify the conditions (except a fee payment may only be
modified as provided in section 1.7(b) of this chapter); or
(2) terminate the probation;
at any time. If the person commits an additional crime, the court may
revoke the probation.
(c) If a clerk of a court collects a probation user's fee, the clerk:
(1) may keep not more than three percent (3%) of the fee to defray
the administrative costs of collecting the fee and shall deposit any
fee kept under this subsection in the clerk's record perpetuation
fund established under IC 33-37-5-2; and
(2) if requested to do so by the county auditor, city fiscal officer,
or town fiscal officer under clause (A), (B), or (C), transfer not
more than three percent (3%) of the fee to the:
(A) county auditor, who shall deposit the money transferred
under this subdivision into the county general fund;
(B) city general fund when requested by the city fiscal officer;
or
(C) town general fund when requested by the town fiscal
officer.
(d) In addition to any other conditions of probation, the court shall
order each person convicted of a felony to pay:
(1) not less than twenty-five dollars ($25) nor more than one
hundred dollars ($100) as an initial probation user's fee;
(2) a monthly probation user's fee of not less than fifteen dollars
($15) nor more than thirty dollars ($30) for each month that the
person remains on probation;
(3) the costs of the laboratory test or series of tests to detect and
confirm the presence of the human immunodeficiency virus (HIV)
antigen or antibodies to the human immunodeficiency virus (HIV)
if such tests are required by the court under section 2.3 of this
chapter;
(4) an alcohol abuse deterrent fee and a medical fee set by the
court under IC 9-30-9-8, if the court has referred the defendant to
an alcohol abuse deterrent program; and
(5) an administrative fee of one hundred dollars ($100); and
(6) a monthly probation technology fee of one dollar ($1) for
each month that the person remains on probation;
to either the probation department or the clerk.
(e) In addition to any other conditions of probation, the court may
order each person convicted of a misdemeanor to pay:
(1) not more than a fifty dollar ($50) initial probation user's fee;
(2) a monthly probation user's fee of not less than ten dollars
($10) nor more than twenty dollars ($20) for each month that the
person remains on probation;
(3) the costs of the laboratory test or series of tests to detect and
confirm the presence of the human immunodeficiency virus (HIV)
antigen or antibodies to the human immunodeficiency virus (HIV)
if such tests are required by the court under section 2.3 of this
chapter; and
(4) an administrative fee of fifty dollars ($50); and
(6) a monthly probation technology fee of one dollar ($1) for
each month that the person remains on probation;
to either the probation department or the clerk.
(f) The probation department or clerk shall collect the
administrative fees under subsections (d)(5) and (e)(4) before
collecting any other fee under subsection (d) or (e). All money
collected by the probation department or the clerk under this section
shall be transferred to the county treasurer, who shall, except as
provided in subsection (n), deposit the money into the county
supplemental adult probation services fund. The fiscal body of the
county shall appropriate money from the county supplemental adult
probation services fund:
(1) to the county, superior, circuit, or municipal court of the
county that provides probation services to adults to supplement
adult probation services; and
(2) to supplement the salaries of probation officers in accordance
with the schedule adopted by the county fiscal body under
IC 36-2-16.5.
(g) The probation department or clerk shall collect the
administrative fee under subsection (e)(4) before collecting any other
fee under subsection (e). All money collected by the probation
department or the clerk of a city or town court under this section shall
be transferred to the fiscal officer of the city or town, who shall, except
as provided in subsection (n), for deposit the money into the local
supplemental adult probation services fund. The fiscal body of the city
or town shall appropriate money from the local supplemental adult
probation services fund to the city or town court of the city or town for
the court's use in providing probation services to adults or for the
court's use for other purposes as may be appropriated by the fiscal
body. Money may be appropriated under this subsection only to those
city or town courts that have an adult probation services program. If a
city or town court does not have such a program, the money collected
by the probation department must be transferred and appropriated as
provided under subsection (f).
(h) Except as provided in subsection (j), the county or local
supplemental adult probation services fund may be used only to
supplement probation services and to supplement salaries for probation
officers. A supplemental probation services fund may not be used to
replace other funding of probation services. Any money remaining in
the fund at the end of the year does not revert to any other fund but
continues in the county or local supplemental adult probation services
fund.
(i) A person placed on probation for more than one (1) crime:
(1) may be required to pay more than one (1) initial probation
user's fee; and
(2) may not be required to pay more than one (1) monthly
probation user's fee per month;
to the probation department or the clerk.
(j) This subsection applies to a city or town located in a county
having a population of more than one hundred eighty-two thousand
seven hundred ninety (182,790) but less than two hundred thousand
(200,000). Any money remaining in the local supplemental adult
probation services fund at the end of the local fiscal year may be
appropriated by the city or town fiscal body to the city or town court for
use by the court for purposes determined by the fiscal body.
(k) In addition to other methods of payment allowed by law, a
probation department may accept payment of fees required under this
section and section 1.5 of this chapter by credit card (as defined in
IC 14-11-1-7). The liability for payment is not discharged until the
probation department receives payment or credit from the institution
responsible for making the payment or credit.
(l) The probation department may contract with a bank or credit
card vendor for acceptance of bank or credit cards. However, if there
is a vendor transaction charge or discount fee, whether billed to the
probation department or charged directly to the probation department's
account, the probation department may collect a credit card service fee
from the person using the bank or credit card. The fee collected under
this subsection is a permitted additional charge to the money the
probation department is required to collect under subsection (d) or (e).
(m) The probation department shall forward the credit card service
fees collected under subsection (l) to the county treasurer or city or
town fiscal officer in accordance with subsection (f) or (g). These funds
may be used without appropriation to pay the transaction charge or
discount fee charged by the bank or credit card vendor.
(n) The county treasurer or the fiscal officer of a city or town
shall semiannually distribute to the auditor of state money
collected under subsections (d)(6) and (e)(6) for deposit in the
public safety technology fund (IC 4-10-22-3).
Chapter 22. Public Safety Technology Fund
Sec. 1. As used in this chapter, "fund" means the public safety technology fund established by section 3 of this chapter.
Sec. 2. As used in this chapter, "qualified sex or violent offender tracking program" means a computer software program capable of registering, tracking, and monitoring sex or violent offenders (as defined in IC 11-8-8-5). A qualified sex or violent offender tracking program must have the following capabilities:
(1) The ability to register and track offenders in accordance with Indiana law, including the ability to store all registration data required by statute.
(2) Customizable scheduling for offender verification.
(3) Automatic calendar functionality.
(4) A searchable data base that is maintained by the vendor.
(5) Mapping capability that is capable of verifying addresses and identifying exclusion zones.
(6) The ability to offer integrated community notification, including customizable electronic mail notification.
(7) Guaranteed ninety-nine and nine-tenths percent (99.9%) uptime.
(8) Full-time user support services.
(9) The ability to provide interagency alerts concerning offender movement.
(10) The ability to identify when an offender is in jail custody.
Sec. 3. (a) The public safety technology fund is established for the purpose of purchasing, operating, and maintaining a qualified sex or violent offender tracking program. The fund shall be administered by the attorney general in consultation with the Indiana sheriffs. The fund consists of:
(1) money deposited in the fund from the probation technology fee under IC 35-38-2-1;
(2) grants; and
(3) donations.
(b) The expenses of administering the fund shall be paid from money in the fund.
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that
accrues from these investments shall be deposited in the fund.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
