2023 Indiana Code › Title 35. Criminal Law and Procedure › Article 38. Proceedings Following Dismissal, Verdict, or Finding › Chapter 2.7. Electronic Monitoring Standards › 35-38-2.7-2. Duties of a Supervising Agency

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:
(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 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, whether they are under pretrial, or postdisposition, supervision, and the charges they are facing or have been convicted of;
(2) the number of tracked individuals under supervision assigned to each employee;
(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 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), 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 of each year. The report to the legislative council must be in an electronic format under IC 5-14-6.
As added by P.L.84-2022, SEC.16. Amended by P.L.9-2023, SEC.3.