Violation of home detention; violent offender status; contract
agencies
Sec. 10. (a) Each probation department or community corrections
program shall establish written criteria and procedures for
determining whether an offender or alleged offender that the
department or program supervises on home detention qualifies as a
violent offender.
(b) A probation department or community corrections program
shall use the criteria and procedures established under subsection (a)
to establish a record keeping system that allows the department or
program to quickly determine whether an offender or alleged
offender who violates the terms of a home detention order is a
violent offender.
(c) A probation department or a community corrections program
charged by a court with supervision of offenders and alleged
offenders ordered to undergo home detention shall provide all law
enforcement agencies (including any contract agencies) having
jurisdiction in the place where the probation department or a
community corrections program is located with a list of offenders
and alleged offenders under home detention supervised by the
probation department or the community corrections program. The list
must include the following information about each offender and
alleged offender:
(1) The offender's name, any known aliases, and the location of
the offender's home detention.
(2) The crime for which the offender was convicted.
(3) The date the offender's home detention expires.
(4) The name, address, and telephone number of the offender's
supervising probation or community corrections program
officer for home detention.
(5) An indication of whether the offender or alleged offender is
a violent offender.
(d) Except as provided under section 6(1) of this chapter, a
probation department or community corrections program charged by
a court with supervision of offenders and alleged offenders ordered
to undergo home detention shall, at the beginning of a period of
home detention, set the monitoring device and surveillance
equipment to minimize the possibility that the offender or alleged
offender can enter another residence or structure without a violation.
(e) A probation department or community corrections program
charged by a court with supervision of offenders and alleged
offenders ordered to undergo home detention shall:
(1) maintain or contract with a contract agency to maintain
constant supervision of each offender and alleged offender; and
(2) have adequate staff available twenty-four (24) hours each
day to respond if an offender or alleged offender violates the
conditions of a home detention order.
(f) A contract agency that maintains supervision of an offender or
alleged offender under subsection (e)(1) shall notify the contracting
probation department or community corrections program within one
(1) hour if the offender or alleged offender violates the conditions of
a home detention order. However:
(1) a community corrections advisory board, if the offender is
serving home detention as part of a community corrections
program; or
(2) a probation department, if the offender or alleged 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.
(g) A probation department or community corrections program
may contract with a contract agency under subsection (e)(1) only if
the contract agency can comply with subsection (f).
As added by P.L.98-1988, SEC.6. Amended by P.L.137-2001, SEC.7;
P.L.1-2002, SEC.146; P.L.31-2005, SEC.5.
Last modified: May 24, 2006