« Ind. Courts - "Coach was 'just flirting,' defense says" | Main | Ind. Decisions - Court of Appeals issues 2 today (and 7 NFP) »

Wednesday, July 11, 2007

Ind. Law - Still more on: Do the changes to the sex offender law mean longtime homeowners must move?

The Lafayette Journal & Courier has had a number of stories about changes to the Indiana sex offender law that may now require long-time owners or residents to move. Their June 6th editorial predicted the issue would wind up in court. Yesterday it did.

Today Sophia Voravong of the C&P reports:

A man identified only as "John Doe" in court documents filed Tuesday afternoon has a clean record since his 1988 conviction for child molestation, according to his attorney.

He has owned and lived in his Lafayette home for seven years.

But now the man -- recently ordered to move, and staying outside Tippecanoe County with acquaintances -- must relocate again because that residence is too close to a school administration building.

"He was out when told to get out. He was not trying to cause any problems," his attorney, Chad Montgomery, said.

"He left when he was told to leave, according to the letter."

Under an Indiana law that took effect July 1, 2006, offenders convicted of crimes against children are prohibited from living within 1,000 feet of a school, youth program center or public park. The sheriff's department in late April began hand-delivering letters to the offenders, which gave them 45 days to find new housing.

Montgomery filed petitions Tuesday in Tippecanoe Superior Court 1, asking that his client no longer be considered an offender against children and that he temporarily be allowed to live in his own home while the judge considers the case.

Sheriff Tracy Brown and prosecutor Pat Harrington are named as defendants in the lawsuit. * * *

"We are suing them only in their professional capacity," Montgomery said. "We have no problem with them enforcing the law -- we just don't like the law itself."

Legislation that took effect July 1, 2007, allows such offenders to petition the court to look at whether he or she should be considered an offender against children.

This can only be done 10 years after the offender is released. A petition can be filed once a year.

The story includes links to an April 23, 2007 letter sent by the Tippecanoe County prosecutor to registered sex offenders living within 1,000 feet of school propoerty, giving recipients 45 days to move.

A link is also provided to the lawsuit that is the subject of today's story. Because it is scanned and 13 MB in size, you may have difficulty in accessing it however. The document is really four items: A 2-page motion to no longer be considered an offender against children; a 2-page verified petition to allow petitioner to proceed anonymously; a 5-page motion for preliminary injunction; and a 6-page motion for permanent injunction.

Posted by Marcia Oddi on July 11, 2007 09:21 AM
Posted to Indiana Law