Electronic monitoring., the official text

First Regular Session of the 124th General Assembly (2025)

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  SENATE ENROLLED ACT No. 218

   AN ACT to amend the Indiana Code concerning criminal law and
procedure.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 35-38-2.7-2, AS AMENDED BY P.L.9-2023,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) A supervising agency must do the
following:

      (1) Except as provided in subdivision (2), an employee or contract
      employee of a supervising agency must provide notification to the
      supervising agency as soon as possible, but not later than twelve
      (12) hours, after:

         (A) the monitoring device of a tracked individual suffers an
         unexplained or undocumented loss of communication with the
         employee, and the employee is unable to verify the tracked
         individual's presence at an approved location by using a
         backup verification method, if applicable;
         (B) a tracked individual enters a prohibited exclusion zone; or
         (C) a tracked individual removes, disables, or otherwise
         interferes with a monitoring device.
      (2) An employee or contract employee of a supervising agency
      who is required to provide a notification to the supervising agency
      under subdivision (1) with respect to a tracked individual who is
      placed on electronic monitoring due to being charged with or
      convicted of:

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         (A) a crime of violence (as defined in IC 35-50-1-2(a)); or
         (B) a crime of domestic or sexual violence (as defined in
         IC 16-18-2-88.5);
      shall provide the notification as soon as possible, but not later
      than fifteen (15) minutes, after the occurrence of an event
      described in subdivision (1)(A) through (1)(C). In addition, if the
      tracked individual has committed or is alleged to have committed
      a crime against a vulnerable victim, the supervising agency shall
      notify the vulnerable victim and request local law enforcement to
      conduct a welfare check on the vulnerable victim in accordance
      with the protocol developed by the supervising agency under
      subdivision (5).
      (3) Verify in person the location of each tracked individual placed
      on electronic monitoring due to being charged with or convicted
      of:
         (A) a crime of violence (as defined in IC 35-50-1-2(a)); or
         (B) a crime of domestic or sexual violence (as defined in
         IC 16-18-2-88.5);
      by making one (1) scheduled in person contact and one (1)
      unannounced in person contact with the individual in every thirty
      (30) day period.
      (4) Establish conditions relating to approved and unapproved
      locations for each tracked individual under the supervising
      agency's supervision.
      (5) Develop and establish a protocol for the supervising agency to
      use in contacting a vulnerable victim and local law enforcement
      with respect to a violation by a tracked individual.
      (6) Develop and publish a policy prohibiting certain relationships
      between a tracked individual and a supervising agency and
      employees of a supervising agency, including:
         (A) personal associations and relationships; and
         (B) business relationships.
      (7) Develop or approve detailed contingency plans for the
      supervising agency's operation in case of natural disaster, power
      outage, loss of telephone service, fire, flood, equipment
      malfunction, death, incapacitation, or personal emergency of an
      employee of a supervising agency, and, in the case of a
      supervising agency's contract with a third party contractor, the
      financial insolvency of the third party contractor.
      (8) Specify a backup verification method for a tracked individual
      if there is reason to believe that the tracked individual's
      monitoring device may lose communication with the supervising

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      agency at an approved location. However, a supervising agency
      has the discretion to establish a backup verification method for
      any tracked individual regardless of whether the supervising
      agency has reason to believe that the monitoring device may lose
      communication at an approved location.
   (b) Beginning January 1, 2023, a supervising agency must transmit
a quarterly report to the local justice reinvestment advisory council
(established by IC 33-38-9.5-4) that includes information concerning:
      (1) the total number of tracked individuals under supervision
      during the quarter, whether they are under pretrial, or
      postdisposition, supervision, and the charges highest level of
      offense they are facing or have been convicted of;
      (2) the number of tracked individuals under on active supervision
      assigned to each employee; at the end of the quarter and the
      number of supervision staff at the end of the quarter;
      (3) the total costs and fees levied and collected;
      (4) the number of tracked individuals under supervision whose
      supervision has been terminated and the reason for termination;
      and
      (5) the number of false location alerts, device malfunctions or
      both, in the case of each tracked individual under supervision.
The report must be submitted to the local justice reinvestment
advisory council not later than fifteen (15) calendar days after the
close of each quarter. In addition, the division of parole services shall
report directly to the statewide justice reinvestment advisory council
each quarter. The local justice reinvestment advisory council shall
transmit each report electronically to the statewide justice reinvestment
advisory council (established by IC 33-38-9.5-2) as directed, which
shall publish a report quarterly. The statewide justice reinvestment
advisory council shall compile the quarterly reports published under
this subsection and electronically transmit an annual report to the
legislative council and to the judicial conference of Indiana not later
than March 15 May 1 of each year. The report to the legislative council
must be in an electronic format under IC 5-14-6.

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President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Governor of the State of Indiana

Date:                             Time:

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