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Sunday, June 10, 2007

Ind. Courts - Changes go into effect July 1 for sexually violent predator law; sentencing law study

Kara Lopp of the Fort Wayne Journal Gazette has a long story today on issues posed by the statute. Some quotes:

Allen Superior Court Judge Fran Gull labeled her first sexually violent predator in March, but she had to deviate a bit from state law to do it.

Prosecutors asked Gull to declare Daniel S. Apodaca, 18, of the 4300 block of Warsaw Street, a predator because of a previous sex-related conviction. To do that, according to state law, Gull was required to obtain the opinions of two board-certified psychologists or psychiatrists.

After nearly two months of searching, Gull could find only one board-certified psychologist in northeast Indiana qualified to take the case. So she made her decision with the opinion of just one expert, and Apodaca received the sexually violent predator label.

“I couldn’t find anybody,” Gull said. “It’s a difficult statute to comply with.”

With only nine board certified clinical psychologists in Indiana, Gull isn’t alone in expressing frustration with this portion of Indiana’s current sexual predator law.

On the books for at least five years, few county prosecutors have pushed for the predator label because of the scarcity of board-certified professionals qualified to give such opinions.

Although a change in the law last year set new standards for some violent offenders, others were not getting reviewed because their crimes still required analysis by experts. Prosecutors and judges hope additional changes to the law that take effect next month will clear up years of confusion. * * *

Of the 8,366 registered sex offenders listed on Indiana’s sexual offender Web site, 2,106 people have been labeled sexually violent predators, said Doug Gosser, executive director with the state sheriff’s association.

The designation is important so the offenders can be closely monitored, Noble County Prosecutor Steven Clouse said. These types of cases are different from the Romeo-and-Juliet cases where an 18-year-old has sex with a 15-year-old, he said.

“I think the term ‘predator’ says it all,” Clouse said. “These are the people that we’re most trying to protect our children and our community from.”

Before the 2006 addition to the law, only about 45 people in Indiana had been labeled a sexual predator, said Steve Johnson, executive director of the Indiana Prosecuting Attorneys Council.

Stephen Ross [questioned] whether when writing the law, legislators mistook the phrase “board certified” for “licensed.” A clinical psychologist certified by the American Board of Professional Psychology, Ross is one of the Indiana’s nine board-certified clinical psychologists who handle sexual predator evaluations. He worked on the Apodaca case.

Professional psychologists and psychiatrists are licensed, but board certification requires more rigorous, specialized training. And not everyone who is board-certified has the proper training to evaluate people for sexual predator cases, Ross said.

“There probably are psychologists who are qualified, but you’ve got a statute that says only board certified,” Ross said. * * *

When the amended law takes effect next month, area judges and prosecutors are expected to be able to rest a little easier.

Board-certified specialists will no longer be required for predator violations, only professionals who have experience in criminal behavioral disorders. The law also states that a prosecutor must request the evaluation.

With at least two sex-offense cases pending in Noble County, Clouse said he’s eager to use the law for the first time.

“We look forward to working with it now because I think (the legislature has) done a lot to straighten it out,” he said. “It looks a lot better right now.”

The new law is HEA 1386, a 68-page bill dealing with criminal law and procedure. The changes referenced in the story may be found on pages 37-38.

Also notable in this bill, beginning on p. 62, is the creation of a three-year sentencing law and policy study committee, charged with undertaking a comprehensive study. The committee is to submit an interim report by Nov. 1, 2008 and a final report by Nov. 1, 2010. The committee is to be staffed by the Indiana criminal justice institute.

Posted by Marcia Oddi on June 10, 2007 08:40 AM
Posted to Ind. Trial Ct. Decisions | Indiana Law