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35-38-2.5-3. "Monitoring device"

IN Code § 35-38-2.5-3 (2019) (N/A)
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Sec. 3. (a) As used in this chapter, "monitoring device" means an electronic device that:

(1) can record or transmit information twenty-four (24) hours each day regarding an offender's:

(A) presence or absence from the offender's home; or

(B) precise location;

(2) is minimally intrusive upon the privacy of the offender or other persons residing in the offender's home;

(3) with the written consent of the offender and with the written consent of other persons residing in the home at the time an order for home detention is entered, may record or transmit:

(A) a visual image;

(B) an electronic communication or any sound; or

(C) information regarding the offender's activities while inside the offender's home; and

(4) can notify a probation department, a community corrections program, or a contract agency if the offender violates the terms of a home detention order.

(b) The term includes any device that can reliably determine the location of an offender and track the locations where the offender has been, including a device that uses a global positioning system satellite service.

(c) The term does not include an unmanned aerial vehicle (as defined in IC 35-31.5-2-342.3).

As added by P.L.98-1988, SEC.6. Amended by P.L.31-2005, SEC.2; P.L.170-2014, SEC.25.

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35-38-2.5-3. "Monitoring device"