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Monday, July 23, 2007

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

This ILB entry from July 11th began:

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.
In a story today headlined "State's new sex offender law to get court test," Sophia Voravong of the Lafayette Journal Courier reports:
A Tippecanoe County judge will consider Tuesday whether a registered sex offender forced to move under a new Indiana law is still considered a danger to children.

Attorneys across the state are eager to hear the answer.

"We've gotten calls from other attorneys who knew we were doing this. Everyone is trying to figure out how to proceed," said attorney Chad Montgomery, who is representing a Lafayette man identified only as "John Doe" in court documents.

"We've shared our pleadings with the Indiana Public Defender's office." * * *

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 law itself does not specify whether that applies to convictions before that date.

"If the court wants to interpret it that way, we don't have an issue with that," said Montgomery, who is with the Earl McCoy Law Firm.

"But I do think that people are getting punished again for something they did and were already convicted for. ... It's an issue of double jeopardy." * * *

Montgomery filed petitions this month 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.

This was done under new legislation that took effect this July 1. It can be only done 10 years after the offender is released.

John Doe's preliminary injunction hearing is scheduled for 9 a.m. in Superior Court 1.

Meanwhile, police agencies in Tippecanoe County have started a new effort to verify the addresses of all registered sex offenders who are not monitored either by community corrections, probation or parole.

Posted by Marcia Oddi on July 23, 2007 10:03 AM
Posted to Indiana Courts