February 15, 2013
HOUSE BILL No. 1053
_____
DIGEST OF HB 1053
(Updated February 13, 2013 3:42 pm - DI 69)
Citations Affected: IC 11-8; IC 35-38; IC 35-42; IC 35-50; IC 36-2.
Synopsis: Sex offender registration. Requires the department of
correction to remove from the public portal of the sex offender registry
the information relating to a sex or violent offender who is deceased or
no longer required to register. Requires persons convicted of
kidnapping or criminal confinement to register only if a court finds by
clear and convincing evidence that the offense was committed for a
sexual purpose. Adds the vehicle identification number of the vehicle
owned or regularly operated by the offender to the information required
for sex offender registration, requires an offender to report certain
information changes within 72 hours, and provides that an offender's
driver's license or identification card must contain the offender's
current address and physical description. Provides that an offender who
is scheduled to move must register in the appropriate location within
72 hours. Removes the requirement that a local law enforcement
authority contact offenders by mail and permits local law enforcement
authorities to contact the offenders in a manner approved by the
department of correction. Makes conforming amendments and
technical corrections. (The introduced version of this bill was prepared
by the criminal law and sentencing policy study committee).
Effective: July 1, 2013.
Steuerwald
, Dermody
, Lawson L
January 7, 2013, read first time and referred to Committee on Courts and Criminal Code.
February 14, 2013, amended, reported _ Do Pass.
February 15, 2013
First Regular Session 118th General Assembly (2013)
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HOUSE BILL No. 1053
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 11-8-2-13; (13)HB1053.1.1. -->
SECTION 1. IC 11-8-2-13, AS AMENDED BY P.L.216-2007,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 13. (a) The Indiana sex and violent offender
registry established under IC 36-2-13-5.5 and maintained by the
department under section 12.4 of this chapter must include the names
of each offender who is or has been required to register under
IC 11-8-8.
(b) The department shall do the following:
(1) Ensure that the Indiana sex and violent offender registry is
updated at least once per day with information provided by a local
law enforcement authority (as defined in IC 11-8-8-2).
(2) Publish the Indiana sex and violent offender registry on the
Internet through the computer gateway administered by the office
of technology established by IC 4-13.1-2-1, and ensure that the
Indiana sex and violent offender registry displays the following or
similar words:
"Based on information submitted to law enforcement, a person
whose name appears in this registry has been convicted of a
sex or violent offense or has been adjudicated a delinquent
child for an act that would be a sex or violent offense if
committed by an adult.".
(3) If:
(A) an offender's registration period has expired as
described in IC 11-8-8-19; or
(B) an offender is deceased;
ensure that the offender's information is no longer published
to the public portal of the sex and violent offender registry
Internet web site established under IC 36-2-13-5.5.
SOURCE: IC 11-8-8-4.5; (13)HB1053.1.2. -->
SECTION 2. IC 11-8-8-4.5, AS AMENDED BY P.L.72-2012,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4.5. (a) Except as provided in section 22 of this
chapter, as used in this chapter, "sex offender" means a person
convicted of any of the following offenses:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (including performing sexual
conduct in the presence of a minor) (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual misconduct with a minor as a Class A, Class B, or
Class C felony (IC 35-42-4-9), unless:
(A) the person is convicted of sexual misconduct with a minor
as a Class C felony;
(B) the person is not more than:
(i) four (4) years older than the victim if the offense was
committed after June 30, 2007; or
(ii) five (5) years older than the victim if the offense was
committed before July 1, 2007; and
(C) the sentencing court finds that the person should not be
required to register as a sex offender.
(9) Incest (IC 35-46-1-3).
(10) Sexual battery (IC 35-42-4-8).
(11) Kidnapping (IC 35-42-3-2), if:
(A) the victim is less than eighteen (18) years of age; and
the
person who kidnapped the victim is not the victim's parent or
guardian.
(B) the court finds by clear and convincing evidence during
the sentencing hearing that the offense was committed for
a sexual purpose.
(12) Criminal confinement (IC 35-42-3-3), if:
(A) the victim is less than eighteen (18) years of age; and the
person who confined or removed the victim is not the victim's
parent or guardian.
(B) the court finds by clear and convincing evidence during
the sentencing hearing that the offense was committed for
a sexual purpose.
(13) Possession of child pornography (IC 35-42-4-4(c)).
(14) Promoting prostitution (IC 35-45-4-4) as a Class B felony.
(15) Promotion of human trafficking (IC 35-42-3.5-1(a)(2)) if the
victim is less than eighteen (18) years of age.
(16) Sexual trafficking of a minor (IC 35-42-3.5-1(c)).
(17) Human trafficking (IC 35-42-3.5-1(d)(3)) if the victim is less
than eighteen (18) years of age.
(18) Sexual misconduct by a service provider with a detained
child (IC 35-44-1-5(c)). (IC 35-44.1-3-10(c)).
(19) An attempt or conspiracy to commit a crime listed in
subdivisions (1) through (18).
(20) A crime under the laws of another jurisdiction, including a
military court, that is substantially equivalent to any of the
offenses listed in subdivisions (1) through (19).
(b) The term includes:
(1) a person who is required to register as a sex offender in any
jurisdiction; and
(2) a child who has committed a delinquent act and who:
(A) is at least fourteen (14) years of age;
(B) is on probation, is on parole, is discharged from a facility
by the department of correction, is discharged from a secure
private facility (as defined in IC 31-9-2-115), or is discharged
from a juvenile detention facility as a result of an adjudication
as a delinquent child for an act that would be an offense
described in subsection (a) if committed by an adult; and
(C) is found by a court by clear and convincing evidence to be
likely to repeat an act that would be an offense described in
subsection (a) if committed by an adult.
(c) In making a determination under subsection (b)(2)(C), the court
shall consider expert testimony concerning whether a child is likely to
repeat an act that would be an offense described in subsection (a) if
committed by an adult.
SOURCE: IC 11-8-8-5; (13)HB1053.1.3. -->
SECTION 3. IC 11-8-8-5, AS AMENDED BY P.L.1-2012,
SECTION 3, AND AS AMENDED BY P.L.72-2012, SECTION 2, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 5. (a) Except as provided in section
22 of this chapter, as used in this chapter, "sex or violent offender"
means a person convicted of any of the following offenses:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (including performing sexual
conduct in the presence of a minor) (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual misconduct with a minor as a Class A, Class B, or
Class C felony (IC 35-42-4-9), unless:
(A) the person is convicted of sexual misconduct with a minor
as a Class C felony;
(B) the person is not more than:
(i) four (4) years older than the victim if the offense was
committed after June 30, 2007; or
(ii) five (5) years older than the victim if the offense was
committed before July 1, 2007; and
(C) the sentencing court finds that the person should not be
required to register as a sex offender.
(9) Incest (IC 35-46-1-3).
(10) Sexual battery (IC 35-42-4-8).
(11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
(18) years of age, and the person who kidnapped the victim is not
the victim's parent or guardian. if the court finds by clear and
convincing evidence during the sentencing hearing that the
offense was committed for a sexual purpose.
(12) Criminal confinement (IC 35-42-3-3), if:
(A) the victim is less than eighteen (18) years of age; and the
person who confined or removed the victim is not the victim's
parent or guardian.
(B) the court finds by clear and convincing evidence during
the sentencing hearing that the offense was committed for
a sexual purpose.
(13) Possession of child pornography (IC 35-42-4-4(c)).
(14) Promoting prostitution (IC 35-45-4-4) as a Class B felony.
(15) Promotion of human trafficking (IC 35-42-3.5-1(a)(2)) if the
victim is less than eighteen (18) years of age.
(16) Sexual trafficking of a minor
(IC 35-42-3.5-1(b)).
(IC 35-42-3.5-1(c)).
(17) Human trafficking
(IC 35-42-3.5-1(c)(3))
(IC 35-42-3.5-1(d)(3)) if the victim is less than eighteen (18)
years of age.
(18) Murder (IC 35-42-1-1).
(19) Voluntary manslaughter (IC 35-42-1-3).
(20) Sexual misconduct by a service provider with a detained
child (IC 35-44-1-5(c)). (IC 35-44.1-3-10(c)).
(20) (21) An attempt or conspiracy to commit a crime listed in
subdivisions (1) through
(19). (20).
(21) (22) A crime under the laws of another jurisdiction, including
a military court, that is substantially equivalent to any of the
offenses listed in subdivisions (1) through
(20). (21).
(b) The term includes:
(1) a person who is required to register as a sex or violent
offender in any jurisdiction; and
(2) a child who has committed a delinquent act and who:
(A) is at least fourteen (14) years of age;
(B) is on probation, is on parole, is discharged from a facility
by the department of correction, is discharged from a secure
private facility (as defined in IC 31-9-2-115), or is discharged
from a juvenile detention facility as a result of an adjudication
as a delinquent child for an act that would be an offense
described in subsection (a) if committed by an adult; and
(C) is found by a court by clear and convincing evidence to be
likely to repeat an act that would be an offense described in
subsection (a) if committed by an adult.
(c) In making a determination under subsection (b)(2)(C), the court
shall consider expert testimony concerning whether a child is likely to
repeat an act that would be an offense described in subsection (a) if
committed by an adult.
SOURCE: IC 11-8-8-7; (13)HB1053.1.4. -->
SECTION 4. IC 11-8-8-7, AS AMENDED BY P.L.114-2012,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7. (a) Subject to section 19 of this chapter, the
following persons must register under this chapter:
(1) A sex or violent offender who resides in Indiana. A sex or
violent offender resides in Indiana if either of the following
applies:
(A) The sex or violent offender spends or intends to spend at
least seven (7) days (including part of a day) in Indiana during
a one hundred eighty (180) day period.
(B) The sex or violent offender owns real property in Indiana
and returns to Indiana at any time.
(2) A sex or violent offender who works or carries on a vocation
or intends to work or carry on a vocation full time or part time for
a period:
(A) exceeding seven (7) consecutive days; or
(B) for a total period exceeding fourteen (14) days;
during any calendar year in Indiana regardless of whether the sex
or violent offender is financially compensated, volunteered, or is
acting for the purpose of government or educational benefit.
(3) A sex or violent offender who is enrolled or intends to be
enrolled on a full-time or part-time basis in any public or private
educational institution, including any secondary school, trade, or
professional institution, or postsecondary educational institution.
(b) Except as provided in subsection (e), a sex or violent offender
who resides in Indiana shall register with the local law enforcement
authority in the county where the sex or violent offender resides. If a
sex or violent offender resides in more than one (1) county, the sex or
violent offender shall register with the local law enforcement authority
in each county in which the sex or violent offender resides. If the sex
or violent offender is also required to register under subsection (a)(2)
or (a)(3), the sex or violent offender shall also register with the local
law enforcement authority in the county in which the offender is
required to register under subsection (c) or (d).
(c) A sex or violent offender described in subsection (a)(2) shall
register with the local law enforcement authority in the county where
the sex or violent offender is or intends to be employed or carry on a
vocation. If a sex or violent offender is or intends to be employed or
carry on a vocation in more than one (1) county, the sex or violent
offender shall register with the local law enforcement authority in each
county. If the sex or violent offender is also required to register under
subsection (a)(1) or (a)(3), the sex or violent offender shall also register
with the local law enforcement authority in the county in which the
offender is required to register under subsection (b) or (d).
(d) A sex or violent offender described in subsection (a)(3) shall
register with the local law enforcement authority in the county where
the sex or violent offender is enrolled or intends to be enrolled as a
student. If the sex or violent offender is also required to register under
subsection (a)(1) or (a)(2), the sex or violent offender shall also register
with the local law enforcement authority in the county in which the
offender is required to register under subsection (b) or (c).
(e) A sex or violent offender described in subsection (a)(1)(B) shall
register with the local law enforcement authority in the county in which
the real property is located. If the sex or violent offender is also
required to register under subsection (a)(1)(A), (a)(2), or (a)(3), the sex
or violent offender shall also register with the local law enforcement
authority in the county in which the offender is required to register
under subsection (b), (c), or (d).
(f) A sex or violent offender committed to the department shall
register with the department before the sex or violent offender is
placed in a community transition program, placed in a work
release program, or
( 1) informs the department of the offender's intended location
of residence upon release; and
(2) does not move to this location upon release;
the offender shall, not later than seventy-two (72) hours after the
date on which the offender was released, report in person to the
local law enforcement authority having jurisdiction over the
offender's current address or location.
(g) This subsection does not apply to a sex or violent offender who
is a sexually violent predator. A sex or violent offender not committed
to the department shall register not more than seven (7) days after the
sex or violent offender:
(1) is released from a penal facility (as defined in
IC 35-31.5-2-232);
(2) is released from a secure private facility (as defined in
IC 31-9-2-115);
(3) is released from a juvenile detention facility;
(4) is transferred to a community transition program;
(5) is placed on parole;
(6) is placed on probation;
(7) is placed on home detention; or
(8) arrives at the place where the sex or violent offender is
required to register under subsection (b), (c), or (d);
whichever occurs first. A sex or violent offender required to register in
more than one (1) county under subsection (b), (c), (d), or (e) shall
register in each appropriate county not more than seventy-two (72)
hours after the sex or violent offender's arrival in that county or
acquisition of real estate in that county.
(h) This subsection applies to a sex or violent offender who is a
sexually violent predator. A sex or violent offender who is a sexually
violent predator shall register not more than seventy-two (72) hours
after the sex or violent offender:
(1) is released from a penal facility (as defined in
IC 35-31.5-2-232);
(2) is released from a secure private facility (as defined in
IC 31-9-2-115);
(3) is released from a juvenile detention facility;
(4) is transferred to a community transition program;
(5) is placed on parole;
(6) is placed on probation;
(7) is placed on home detention; or
(8) arrives at the place where the sexually violent predator is
required to register under subsection (b), (c), or (d);
whichever occurs first. A sex or violent offender who is a sexually
violent predator required to register in more than one (1) county under
subsection (b), (c), (d), or (e) shall register in each appropriate county
not more than seventy-two (72) hours after the offender's arrival in that
county or acquisition of real estate in that county.
(i) The local law enforcement authority with whom a sex or violent
offender registers under this section shall make and publish a
photograph of the sex or violent offender on the Indiana sex and violent
offender registry web site established under IC 36-2-13-5.5. The local
law enforcement authority shall make a photograph of the sex or
violent offender that complies with the requirements of IC 36-2-13-5.5
at least once per year. The sheriff of a county containing a consolidated
city shall provide the police chief of the consolidated city with all
photographic and computer equipment necessary to enable the police
chief of the consolidated city to transmit sex or violent offender
photographs (and other identifying information required by
IC 36-2-13-5.5) to the Indiana sex and violent offender registry web
site established under IC 36-2-13-5.5. In addition, the sheriff of a
county containing a consolidated city shall provide all funding for the
county's financial obligation for the establishment and maintenance of
the Indiana sex and violent offender registry web site established under
IC 36-2-13-5.5.
(j) When a sex or violent offender registers, the local law
enforcement authority shall:
(1) immediately update the Indiana sex and violent offender
registry web site established under IC 36-2-13-5.5;
(2) notify every law enforcement agency having jurisdiction in the
county where the sex or violent offender resides; and
(3) update the National Crime Information Center National Sex
Offender Registry data base via the Indiana data and
communications system (IDACS).
When a sex or violent offender from a jurisdiction outside Indiana
registers a change of address, electronic mail address, instant
messaging username, electronic chat room username, social networking
web site username, employment, vocation, or enrollment in Indiana, the
local law enforcement authority shall provide the department with the
information provided by the sex or violent offender during registration.
SOURCE: IC 11-8-8-8; (13)HB1053.1.5. -->
SECTION 5. IC 11-8-8-8, AS AMENDED BY P.L.119-2008,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 8. (a) The registration required under this chapter
must include the following information:
(1) The sex or violent offender's full name, alias, any name by
which the sex or violent offender was previously known, date of
birth, sex, race, height, weight, hair color, eye color, any scars,
marks, or tattoos, Social Security number, driver's license number
or state identification card number, vehicle description,
and
vehicle plate number,
and vehicle identification number for any
vehicle the sex or violent offender owns or operates on a regular
basis, principal residence address, other address where the sex or
violent offender spends more than seven (7) nights in a fourteen
(14) day period, and mailing address, if different from the sex or
violent offender's principal residence address.
(2) A description of the offense for which the sex or violent
offender was convicted, the date of conviction, the county of the
conviction, the cause number of the conviction, and the sentence
imposed, if applicable.
(3) If the person is required to register under section 7(a)(2) or
7(a)(3) of this chapter, the name and address of each of the sex or
violent offender's employers in Indiana, the name and address of
each campus or location where the sex or violent offender is
enrolled in school in Indiana, and the address where the sex or
violent offender stays or intends to stay while in Indiana.
(4) A recent photograph of the sex or violent offender.
(5) If the sex or violent offender is a sexually violent predator,
that the sex or violent offender is a sexually violent predator.
(6) If the sex or violent offender is required to register for life,
that the sex or violent offender is required to register for life.
(7) Any electronic mail address, instant messaging username,
electronic chat room username, or social networking web site
username that the sex or violent offender uses or intends to use.
(8) Any other information required by the department.
(b) If the a sex or violent offender on probation or parole registers
any information under subsection (a)(7), the offender shall sign a
consent form authorizing the:
(1) search of the sex or violent offender's personal computer or
device with Internet capability, at any time; and
(2) installation on the sex or violent offender's personal computer
or device with Internet capability, at the sex or violent offender's
expense, of hardware or software to monitor the sex or violent
offender's Internet usage.
(c) If:
(1) the physical appearance of the sex or violent offender
materially changes from the photograph described in
subsection (a)(4); or
(2) any other information described in subsection (a) changes;
the sex or violent offender shall report in person to the local law
enforcement authority having jurisdiction over the sex or violent
offender's principal address not later than seventy-two (72) hours
after the change and permit a new photograph to be made (for a
change in appearance) or submit the new information to the local
law enforcement authority.
SOURCE: IC 11-8-8-11; (13)HB1053.1.6. -->
SECTION 6. IC 11-8-8-11, AS AMENDED BY P.L.119-2008,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 11. (a) If a sex or violent offender who is required
to register under this chapter changes:
(1) principal residence address; or
(2) if section 7(a)(2) or 7(a)(3) of this chapter applies, the place
where the sex or violent offender stays in Indiana;
the sex or violent offender shall report in person to the local law
enforcement authority having jurisdiction over the sex or violent
offender's current principal address or location and, if the offender
moves to a new county in Indiana, to the local law enforcement
authority having jurisdiction over the sex or violent offender's new
principal address or location not more than seventy-two (72) hours
after the address change.
(b) If a sex or violent offender moves to a new county in Indiana, the
local law enforcement authority where the sex or violent offender's
current principal residence address is located shall inform the local law
enforcement authority in the new county in Indiana of the sex or violent
offender's residence and forward all relevant registration information
concerning the sex or violent offender to the local law enforcement
authority in the new county. The local law enforcement authority
receiving notice under this subsection shall verify the address of the
sex or violent offender under section 13 of this chapter not more than
seven (7) days after receiving the notice.
(c) If a sex or violent offender who is required to register under
section 7(a)(2) or 7(a)(3) of this chapter changes the sex or violent
offender's principal place of employment, principal place of vocation,
or campus or location where the sex or violent offender is enrolled in
school, the sex or violent offender shall report in person:
(1) to the local law enforcement authority having jurisdiction over
the sex or violent offender's current principal place of
employment, principal place of vocation, or campus or location
where the sex or violent offender is enrolled in school; and
(2) if the sex or violent offender changes the sex or violent
offender's place of employment, vocation, or enrollment to a new
county in Indiana, to the local law enforcement authority having
jurisdiction over the sex or violent offender's new principal place
of employment, principal place of vocation, or campus or location
where the sex or violent offender is enrolled in school;
not more than seventy-two (72) hours after the change.
(d) If a sex or violent offender moves the sex or violent offender's
place of employment, vocation, or enrollment to a new county in
Indiana, the local law enforcement authority having jurisdiction over
the sex or violent offender's current principal place of employment,
principal place of vocation, or campus or location where the sex or
violent offender is enrolled in school shall inform the local law
enforcement authority in the new county of the sex or violent offender's
new principal place of employment, vocation, or enrollment by
forwarding relevant registration information to the local law
enforcement authority in the new county.
(e) If a sex or violent offender moves the sex or violent offender's
residence, place of employment, vocation, or enrollment to a new state,
the local law enforcement authority shall inform the state police in the
new state of the sex or violent offender's new place of residence,
employment, vocation, or enrollment.
(f) If a sex or violent offender who is required to register under this
chapter changes or obtains a new:
(1) electronic mail address;
(2) instant messaging username;
(3) electronic chat room username; or
(4) social networking web site username;
the sex or violent offender shall report in person to the local law
enforcement authority having jurisdiction over the sex or violent
offender's current principal address or location and shall provide the
local law enforcement authority with the new address or username not
more than seventy-two (72) hours after the change or creation of the
address or username.
(g) A local law enforcement authority shall make registration
information, including information concerning the duty to register and
the penalty for failing to register, available to a sex or violent offender.
(h) A local law enforcement authority who is notified of a change
under subsection (a), (c), or (f) shall:
(1) immediately update the Indiana sex and violent offender
registry web site established under IC 36-2-13-5.5;
(2) update the National Crime Information Center National Sex
Offender Registry data base via the Indiana data and
communications system (IDACS); and
(3) notify the department.
(i) If a sex or violent offender who is registered with a local law
enforcement authority becomes incarcerated, the local law enforcement
authority shall transmit a copy of the information provided by the sex
or violent offender during registration to the department.
(j) If a sex or violent offender is no longer required to register due
to the expiration of the registration period, or if a court grants a
petition under section 22 of this chapter that removes the
offender's duty to register under this chapter, the local law
enforcement authority shall:
(1) ensure the offender's information is no longer published to
the public portal of the sex or violent offender registry
Internet web site established under IC 36-2-13-5.5; and
(2) transmit a copy of the information provided by the sex or
violent offender during registration to the department.
(k) This subsection applies only to a sex or violent offender who
has:
(1) informed the local law enforcement authority of the
offender's intention to move the offender's residence to a new
location; and
(2) not moved the offender's residence to the new location.
Not later than seventy-two (72) hours after the date on which a sex
or violent offender to whom this subsection applies was scheduled
to move (according to information the offender provided to the
local law enforcement authority before the move), the sex or
violent offender shall report in person to the local law enforcement
authority having jurisdiction over the offender's current address
or location, even if the offender's address has not changed. An
offender who fails to report as provided in this subsection may be
prosecuted in the offender's original county of residence, in the
county to which the offender intended to move, or in the offender's
current county of residence.
SOURCE: IC 11-8-8-13; (13)HB1053.1.7. -->
SECTION 7. IC 11-8-8-13, AS AMENDED BY P.L.114-2012,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 13. (a) To verify a sex or violent offender's current
residence, the local law enforcement authority having jurisdiction over
the area of the sex or violent offender's current principal address or
location shall do the following:
(1) Mail a form that is Contact each offender in a manner
approved or prescribed by the department to each sex or violent
offender in the county at the sex or violent offender's listed
address at least one (1) time per year. beginning seven (7) days
after the local law enforcement authority receives a notice under
section 11 or 20 of this chapter or the date the sex or violent
offender is:
(A) released from a penal facility (as defined in
IC 35-31.5-2-232), a secure private facility (as defined in
IC 31-9-2-115), or a juvenile detention facility;
(B) placed in a community transition program;
(C) placed in a community corrections program;
(D) placed on parole; or
(E) placed on probation;
whichever occurs first.
(2) Mail a form that is Contact each offender who is designated
a sexually violent predator in a manner approved or prescribed
by the department to each sex or violent offender who is
designated a sexually violent predator under IC 35-38-1-7.5 at
least once every ninety (90) days. beginning seven (7) days after
the local law enforcement authority receives a notice under
section 11 or 20 of this chapter or the date the sex or violent
offender is:
(A) released from a penal facility (as defined in
IC 35-31.5-2-232), a secure private facility (as defined in
IC 31-9-2-115), or a juvenile detention facility;
(B) placed in a community transition program;
(C) placed in a community corrections program;
(D) placed on parole; or
(E) placed on probation;
whichever occurs first.
(3) Personally visit each sex or violent offender in the county at
the sex or violent offender's listed address at least one (1) time per
year, beginning seven (7) days after the local law enforcement
authority receives a notice under section 7 of this chapter or the
date the sex or violent offender is:
(A) released from a penal facility (as defined in
IC 35-31.5-2-232), a secure private facility (as defined in
IC 31-9-2-115), or a juvenile detention facility;
(B) placed in a community transition program;
(C) placed in a community corrections program;
(D) placed on parole; or
(E) placed on probation;
whichever occurs first.
(4) Personally visit each sex or violent offender who is designated
a sexually violent predator under IC 35-38-1-7.5 at least once
every ninety (90) days, beginning seven (7) days after the local
law enforcement authority receives a notice under section 7 of
this chapter or the date the sex or violent offender is:
(A) released from a penal facility (as defined in
IC 35-31.5-2-232), a secure private facility (as defined in
IC 31-9-2-115), or a juvenile detention facility;
(B) placed in a community transition program;
(C) placed in a community corrections program;
(D) placed on parole; or
(E) placed on probation;
whichever occurs first.
(b) If a sex or violent offender fails to return a signed form either by
mail or in person, not later than fourteen (14) days after mailing, or
appears not to reside at the listed address, the local law enforcement
authority shall immediately notify the department and the prosecuting
attorney.
SOURCE: IC 11-8-8-14; (13)HB1053.1.8. -->
SECTION 8. IC 11-8-8-14, AS AMENDED BY P.L.216-2007,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 14. (a) This subsection does not apply to a sex or
violent offender who is a sexually violent predator. In addition to the
other requirements of this chapter, a sex or violent offender who is
required to register under this chapter shall, at least one (1) time every
three hundred sixty-five (365) days: per calendar year:
(1) report in person to the local law enforcement authority;
(2) register; and
(3) be photographed by the local law enforcement authority;
in each location where the offender is required to register.
(b) This subsection applies to a sex or violent offender who is a
sexually violent predator. In addition to the other requirements of this
chapter, a sex or violent offender who is a sexually violent predator
under IC 35-38-1-7.5 shall:
(1) report in person to the local law enforcement authority;
(2) register; and
(3) be photographed by the local law enforcement authority in
each location where the sex or violent offender is required to
register;
every ninety (90) days.
(c) Each time a sex or violent offender who claims to be working or
attending school registers in person, the sex or violent offender shall
provide documentation to the local law enforcement authority
providing evidence that the sex or violent offender is still working or
attending school at the registered location.
SOURCE: IC 11-8-8-15; (13)HB1053.1.9. -->
SECTION 9. IC 11-8-8-15, AS AMENDED BY P.L.216-2007,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 15. (a) A sex or violent offender who is a resident
of Indiana shall obtain and keep in the sex or violent offender's
possession:
(1) a valid Indiana driver's license; or
(2) a valid Indiana identification card (as described in
IC 9-24-16);
that contains the offender's current address and current physical
description.
(b) A sex or violent offender required to register in Indiana who is
not a resident of Indiana shall obtain and keep in the sex or violent
offender's possession:
(1) a valid driver's license issued by the state in which the sex or
violent offender resides; or
(2) a valid state issued identification card issued by the state in
which the sex or violent offender resides;
that contains the offender's current address and current physical
description.
(c) A person who knowingly or intentionally violates this section
commits failure of a sex or violent offender to possess identification,
a Class A misdemeanor. However, the offense is a Class D felony if the
person:
(1) is a sexually violent predator; or
(2) has a prior unrelated conviction:
(A) under this section; or
(B) based on the person's failure to comply with any
requirement imposed on an offender under this chapter.
(d) It is a defense to a prosecution under this section that:
(1) the person has been unable to obtain a valid driver's license or
state issued identification card because less than thirty (30) days
have passed since the person's release from incarceration; or
(2) the person possesses a driver's license or state issued
identification card that expired not more than thirty (30) days
before the date the person violated subsection (a) or (b); or
(3) the person possesses a valid driver's license or state issued
identification card, but the card does not reflect the person's
current address or current physical description because fewer
than thirty (30) days have passed since the person changed the
person's current address or physical characteristics.
SOURCE: IC 11-8-8-19; (13)HB1053.1.10. -->
SECTION 10. IC 11-8-8-19, AS AMENDED BY P.L.114-2012,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 19. (a) Except as provided in subsections (b)
through (e), a sex or violent offender is required to register under this
chapter until the expiration of ten (10) years after the date the sex or
violent offender:
(1) is released from a penal facility (as defined in
IC 35-31.5-2-232) or a secure juvenile detention facility of a state
or another jurisdiction;
(2) is placed in a community transition program;
(3) is placed in a community corrections program;
(4) is placed on parole; or
(5) is placed on probation;
for the sex or violent offense requiring registration, whichever occurs
last. The registration period is tolled during any period that the sex or
violent offender is incarcerated. The registration period does not restart
if the offender is convicted of a subsequent offense. However, if the
subsequent offense is a sex or violent offense, a new registration period
may be imposed in accordance with this chapter. The department shall
ensure that an offender who is no longer required to register as a sex or
violent offender is notified that the obligation to register has expired,
and shall ensure that the offender's information is no longer
published to the public portal of the sex or violent offender registry
Internet web site established under IC 36-2-13-5.5.
(b) A sex or violent offender who is a sexually violent predator is
required to register for life.
(c) A sex or violent offender who is convicted of at least one (1)
offense under section 5(a) of this chapter that the sex or violent
offender committed:
(1) when the person was at least eighteen (18) years of age; and
(2) against a victim who was less than twelve (12) years of age at
the time of the crime;
is required to register for life.
(d) A sex or violent offender who is convicted of at least one (1)
offense under section 5(a) of this chapter in which the sex offender:
(1) proximately caused serious bodily injury or death to the
victim;
(2) used force or the threat of force against the victim or a
member of the victim's family, unless the offense is sexual battery
as a Class D felony; or
(3) rendered the victim unconscious or otherwise incapable of
giving voluntary consent;
is required to register for life.
(e) A sex or violent offender who is convicted of at least two (2)
unrelated offenses under section 5(a) of this chapter is required to
register for life.
(f) A person who is required to register as a sex or violent offender
in any jurisdiction shall register for the period required by the other
jurisdiction or the period described in this section, whichever is longer.
SOURCE: IC 11-8-8-22; (13)HB1053.1.11. -->
SECTION 11. IC 11-8-8-22, AS AMENDED BY P.L.103-2010,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 22. (a) As used in this section, "offender" means
a sex offender (as defined in section 4.5 of this chapter) and a sex or
violent offender (as defined in section 5 of this chapter).
(b) Subsection (g) applies to an offender required to register under
this chapter if, due to a change in federal or state law after June 30,
2007, an individual who engaged in the same conduct as the offender:
(1) would not be required to register under this chapter; or
(2) would be required to register under this chapter but under less
restrictive conditions than the offender is required to meet.
(c) A person to whom this section applies may petition a court to:
(1) remove the person's designation as an offender
and order the
department to remove all information regarding the person
from the public portal of the sex or violent offender registry
Internet web site established under IC 36-2-13-5.5; or
(2) require the person to register under less restrictive conditions.
(d) A petition under this section shall be filed in the circuit or
superior court of the county in which the offender resides. If the
offender resides in more than one (1) county, the petition shall be filed
in the circuit or superior court of the county in which the offender
resides the greatest time. If the offender does not reside in Indiana, the
petition shall be filed in the circuit or superior court of the county
where the offender is employed the greatest time. If the offender does
not reside or work in Indiana, but is a student in Indiana, the petition
shall be filed in the circuit or superior court of the county where the
offender is a student. If the offender is not a student in Indiana and does
not reside or work in Indiana, the petition shall be filed in the county
where the offender was most recently convicted of a crime listed in
section 5 of this chapter.
(e) After receiving a petition under this section, the court may:
(1) summarily dismiss the petition; or
(2) give notice to:
(A) the department;
(B) the attorney general;
(C) the prosecuting attorney of:
(i) the county where the petition was filed;
(ii) the county where offender was most recently convicted
of an offense listed in section 5 of this chapter; and
(iii) the county where the offender resides; and
(D) the sheriff of the county where the offender resides;
and set the matter for hearing. The date set for a hearing must not be
less than sixty (60) days after the court gives notice under this
subsection.
(f) If a court sets a matter for a hearing under this section, the
prosecuting attorney of the county in which the action is pending shall
appear and respond, unless the prosecuting attorney requests the
attorney general to appear and respond and the attorney general agrees
to represent the interests of the state in the matter. If the attorney
general agrees to appear, the attorney general shall give notice to:
(A) (1) the prosecuting attorney; and
(B) (2) the court.
(g) A court may grant a petition under this section if, following a
hearing, the court makes the following findings:
(1) The law requiring the petitioner to register as an offender has
changed since the date on which the petitioner was initially
required to register.
(2) If the petitioner who was required to register as an offender
before the change in law engaged in the same conduct after the
change in law occurred, the petitioner would:
(A) not be required to register as an offender; or
(B) be required to register as an offender, but under less
restrictive conditions.
(3) If the petitioner seeks relief under this section because a
change in law makes a previously unavailable defense available
to the petitioner, that the petitioner has proved the defense.
The court has the discretion to deny a petition under this section, even
if the court makes the findings under this subsection.
(h) The petitioner has the burden of proof in a hearing under this
section.
(i) If the court grants a petition under this section, the court shall
notify:
(1) the victim of the offense, if applicable;
(2) the department of correction; and
(3) the local law enforcement authority of every county in which
the petitioner is currently required to register.
(j) An offender may base a petition filed under this section on a
claim that the application or registration requirements constitute ex
post facto punishment.
(k) A petition filed under this section must:
(1) be submitted under the penalties of perjury;
(2) list each of the offender's criminal convictions and state for
each conviction:
(A) the date of the judgment of conviction;
(B) the court that entered the judgment of conviction;
(C) the crime that the offender pled guilty to or was convicted
of; and
(D) whether the offender was convicted of the crime in a trial
or pled guilty to the criminal charges; and
(3) list each jurisdiction in which the offender is required to
register as a sex offender or a violent offender.
(l) The attorney general may initiate an appeal from any order
granting an offender relief under this section.
SOURCE: IC 35-38-1-7.5; (13)HB1053.1.12. -->
SECTION 12. IC 35-38-1-7.5, AS AMENDED BY P.L.216-2007,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7.5. (a) As used in this section, "sexually violent
predator" means a person who suffers from a mental abnormality or
personality disorder that makes the individual likely to repeatedly
commit a sex offense (as defined in IC 11-8-8-5.2). The term includes
a person convicted in another jurisdiction who is identified as a
sexually violent predator under IC 11-8-8-20. The term does not
include a person no longer considered a sexually violent predator under
subsection (g).
(b) A person who:
(1) being at least eighteen (18) years of age, commits an offense
described in:
(A) IC 35-42-4-1;
(B) IC 35-42-4-2;
(C) IC 35-42-4-3 as a Class A or Class B felony;
(D) IC 35-42-4-5(a)(1);
(E) IC 35-42-4-5(a)(2);
(F) IC 35-42-4-5(a)(3);
(G) IC 35-42-4-5(b)(1) as a Class A or Class B felony;
(H) IC 35-42-4-5(b)(2);
(I) IC 35-42-4-5(b)(3) as a Class A or Class B felony;
(J) an attempt or conspiracy to commit a crime listed in
clauses (A) through (I); or
(K) a crime under the laws of another jurisdiction, including
a military court, that is substantially equivalent to any of the
offenses listed in clauses (A) through (J);
(2) commits a sex offense (as defined in IC 11-8-8-5.2) while
having a previous unrelated conviction for a sex offense for which
the person is required to register as a sex or violent offender under
IC 11-8-8;
(3) commits a sex offense (as defined in IC 11-8-8-5.2) while
having had a previous unrelated adjudication as a delinquent child
for an act that would be a sex offense if committed by an adult, if,
after considering expert testimony, a court finds by clear and
convincing evidence that the person is likely to commit an
additional sex offense; or
(4) commits a sex offense (as defined in IC 11-8-8-5.2) while
having had a previous unrelated adjudication as a delinquent child
for an act that would be a sex offense if committed by an adult, if
the person was required to register as a sex or violent offender
under IC 11-8-8-5(b)(2);
is a sexually violent predator. Except as provided in subsection (g) or
(h), a person is a sexually violent predator by operation of law if an
offense committed by the person satisfies the conditions set forth in
subdivision (1) or (2) and the person was released from incarceration,
secure detention,
or probation,
or parole for the offense after June 30,
1994.
(c) This section applies whenever a court sentences a person or a
juvenile court issues a dispositional decree for a sex offense (as defined
in IC 11-8-8-5.2) for which the person is required to register with the
local law enforcement authority under IC 11-8-8.
(d) At the sentencing hearing, the court shall indicate on the record
whether the person has been convicted of an offense that makes the
person a sexually violent predator under subsection (b).
(e) If a person is not a sexually violent predator under subsection
(b), the prosecuting attorney may request the court to conduct a hearing
to determine whether the person (including a child adjudicated to be a
delinquent child) is a sexually violent predator under subsection (a). If
the court grants the motion, the court shall appoint two (2)
psychologists or psychiatrists who have expertise in criminal
behavioral disorders to evaluate the person and testify at the hearing.
After conducting the hearing and considering the testimony of the two
(2) psychologists or psychiatrists, the court shall determine whether the
person is a sexually violent predator under subsection (a). A hearing
conducted under this subsection may be combined with the person's
sentencing hearing.
(f) If a person is a sexually violent predator:
(1) the person is required to register with the local law
enforcement authority as provided in IC 11-8-8; and
(2) the court shall send notice to the department of correction.
(g) This subsection does not apply to a person who has two (2) or
more unrelated convictions for an offense described in IC 11-8-8-4.5
for which the person is required to register under IC 11-8-8. A person
who is a sexually violent predator may petition the court to consider
whether the person should no longer be considered a sexually violent
predator. The person may file a petition under this subsection not
earlier than ten (10) years after:
(1) the sentencing court or juvenile court makes its determination
under subsection (e); or
(2) the person is released from incarceration or secure detention.
A person may file a petition under this subsection not more than one
(1) time per year. A court may dismiss a petition filed under this
subsection or conduct a hearing to determine if the person should no
longer be considered a sexually violent predator. If the court conducts
a hearing, the court shall appoint two (2) psychologists or psychiatrists
who have expertise in criminal behavioral disorders to evaluate the
person and testify at the hearing. After conducting the hearing and
considering the testimony of the two (2) psychologists or psychiatrists,
the court shall determine whether the person should no longer be
considered a sexually violent predator under subsection (a). If a court
finds that the person should no longer be considered a sexually violent
predator, the court shall send notice to the department of correction that
the person is no longer considered a sexually violent predator
or an
offender against children. Notwithstanding any other law, a condition
imposed on a person due to the person's status as a sexually violent
predator, including lifetime parole or GPS monitoring, does not apply
to a person no longer considered a sexually violent predator.
(h) A person is not a sexually violent predator by operation of law
under subsection (b)(1) if all of the following conditions are met:
(1) The victim was not less than twelve (12) years of age at the
time the offense was committed.
(2) The person is not more than four (4) years older than the
victim.
(3) The relationship between the person and the victim was a
dating relationship or an ongoing personal relationship. The term
"ongoing personal relationship" does not include a family
relationship.
(4) The offense committed by the person was not any of the
following:
(A) Rape (IC 35-42-4-1).
(B) Criminal deviate conduct (IC 35-42-4-2).
(C) An offense committed by using or threatening the use of
deadly force or while armed with a deadly weapon.
(D) An offense that results in serious bodily injury.
(E) An offense that is facilitated by furnishing the victim,
without the victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with
the drug or controlled substance without the victim's
knowledge.
(5) The person has not committed another sex offense (as defined
in IC 11-8-8-5.2) (including a delinquent act that would be a sex
offense if committed by an adult) against any other person.
(6) The person did not have a position of authority or substantial
influence over the victim.
(7) The court finds that the person should not be considered a
sexually violent predator.
SOURCE: IC 35-42-4-11; (13)HB1053.1.13. -->
SECTION 13. IC 35-42-4-11, AS AMENDED BY P.L.216-2007,
SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 11. (a) As used in this section, and except as
provided in subsection (d), "offender against children" means a person
required to register as a sex or violent offender under IC 11-8-8 who
has been:
(1) found to be a sexually violent predator under IC 35-38-1-7.5;
or
(2) convicted of one (1) or more of the following offenses:
(A) Child molesting (IC 35-42-4-3).
(B) Child exploitation (IC 35-42-4-4(b)).
(C) Child solicitation (IC 35-42-4-6).
(D) Child seduction (IC 35-42-4-7).
(E) Kidnapping (IC 35-42-3-2), if:
(i) the victim is less than eighteen (18) years of age; and
the
person is not the child's parent or guardian
(ii) the court finds by clear and convincing evidence
during the sentencing hearing that the offense was
committed for a sexual purpose.
(F) Attempt to commit or conspiracy to commit an offense
listed in clauses (A) through (E).
(G) An offense in another jurisdiction that is substantially
similar to an offense described in clauses (A) through (F).
A person is an offender against children by operation of law if the
person meets the conditions described in subdivision (1) or (2) at any
time.
(b) As used in this section, "reside" means to spend more than three
(3) nights in:
(1) a residence; or
(2) if the person does not reside in a residence, a particular
location;
in any thirty (30) day period.
(c) An offender against children who knowingly or intentionally:
(1) resides within one thousand (1,000) feet of:
(A) school property, not including property of an institution
providing post-secondary education;
(B) a youth program center; or
(C) a public park; or
(2) establishes a residence within one (1) mile of the residence of
the victim of the offender's sex offense;
commits a sex offender residency offense, a Class D felony.
(d) This subsection does not apply to an offender against children
who has two (2) or more unrelated convictions for an offense described
in subsection (a). A person who is an offender against children may
petition the court to consider whether the person should no longer be
considered an offender against children. The person may file a petition
under this subsection not earlier than ten (10) years after the person is
released from incarceration
(or, if the person is not incarcerated, not
earlier than ten (10) years after the person is released from
probation.)
or parole, whichever occurs last. A person may file a
petition under this subsection not more than one (1) time per year. A
court may dismiss a petition filed under this subsection or conduct a
hearing to determine if the person should no longer be considered an
offender against children. If the court conducts a hearing, the court
shall appoint two (2) psychologists or psychiatrists who have expertise
in criminal behavioral disorders to evaluate the person and testify at the
hearing. After conducting the hearing and considering the testimony of
the two (2) psychologists or psychiatrists, the court shall determine
whether the person should no longer be considered an offender against
children. If a court finds that the person should no longer be considered
an offender against children, the court shall send notice to the
department of correction that the person is no longer considered an
offender against children.
SOURCE: IC 35-42-4-12; (13)HB1053.1.14. -->
SECTION 14. IC 35-42-4-12, AS ADDED BY P.L.119-2008,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 12. (a) This section does not apply to a person to
whom all of the following apply:
(1) The person is not more than:
(A) four (4) years older than the victim if the offense was
committed after June 30, 2007; or
(B) five (5) years older than the victim if the offense was
committed before July 1, 2007.
(2) The relationship between the person and the victim was a
dating relationship or an ongoing personal relationship. The term
"ongoing personal relationship" does not include a family
relationship.
(3) The crime:
(A) was not committed by a person who is at least twenty-one
(21) years of age;
(B) was not committed by using or threatening the use of
deadly force;
(C) was not committed while armed with a deadly weapon;
(D) did not result in serious bodily injury;
(E) was not facilitated by furnishing the victim, without the
victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with
the drug or controlled substance without the victim's
knowledge; and
(F) was not committed by a person having a position of
authority or substantial influence over the victim.
(b) This section applies only to a person required to register as a sex
or violent offender under IC 11-8-8 who has been:
(1) found to be a sexually violent predator under IC 35-38-1-7.5;
or
(2) convicted of one (1) or more of the following offenses:
(A) Child molesting (IC 35-42-4-3).
(B) Child exploitation (IC 35-42-4-4(b)).
(C) Possession of child pornography (IC 35-42-4-4(c)).
(D) Vicarious sexual gratification (IC 35-42-4-5(a) or
IC 35-42-4-5(b)).
(E) Sexual conduct in the presence of a minor
(IC 35-42-4-5(c)).
(F) Child solicitation (IC 35-42-4-6).
(G) Child seduction (IC 35-42-4-7).
(H) Kidnapping (IC 35-42-3-2), if:
(i) the victim is less than eighteen (18) years of age; and the
person is not the child's parent or guardian
(ii) the court finds by clear and convincing evidence
during the sentencing hearing that the offense was
committed for a sexual purpose.
(I) Attempt to commit or conspiracy to commit an offense
listed in clauses (A) through (H).
(J) An offense in another jurisdiction that is substantially
similar to an offense described in clauses (A) through (H).
(c) As used in this section, "instant messaging or chat room
program" means a software program that requires a person to register
or create an account, a username, or a password to become a member
or registered user of the program and allows two (2) or more members
or authorized users to communicate over the Internet in real time using
typed text. The term does not include an electronic mail program or
message board program.
(d) As used in this section, "social networking web site" means an
Internet web site that:
(1) facilitates the social introduction between two (2) or more
persons;
(2) requires a person to register or create an account, a username,
or a password to become a member of the web site and to
communicate with other members;
(3) allows a member to create a web page or a personal profile;
and
(4) provides a member with the opportunity to communicate with
another person.
The term does not include an electronic mail program or message
board program.
(e) A person described in subsection (b) who knowingly or
intentionally uses:
(1) a social networking web site; or
(2) an instant messaging or chat room program;
that the offender knows allows a person who is less than eighteen (18)
years of age to access or use the web site or program commits a sex
offender Internet offense, a Class A misdemeanor. However, the
offense is a Class D felony if the person has a prior unrelated
conviction under this section.
(f) It is a defense to a prosecution under this section that the person:
(1) did not know that the web site or program allowed a person
who is less than eighteen (18) years of age to access or use the
web site or program; and
(2) upon discovering that the web site or program allows a person
who is less than eighteen (18) years of age to access or use the
web site or program, immediately ceased further use or access of
the web site or program.
SOURCE: IC 35-50-6-3.3; (13)HB1053.1.15. -->
SECTION 15. IC 35-50-6-3.3, AS AMENDED BY P.L.147-2012,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3.3. (a) In addition to any credit time a person
earns under subsection (b) or section 3 of this chapter, a person earns
credit time if the person:
(1) is in credit Class I;
(2) has demonstrated a pattern consistent with rehabilitation; and
(3) successfully completes requirements to obtain one (1) of the
following:
(A) A general educational development (GED) diploma under
IC 20-20-6 (before its repeal) or IC 22-4.1-18, if the person
has not previously obtained a high school diploma.
(B) Except as provided in subsection (n), a high school
diploma, if the person has not previously obtained a general
educational development (GED) diploma.
(C) An associate's degree from an approved postsecondary
educational institution (as defined under IC 21-7-13-6(a)).
(D) A bachelor's degree from an approved postsecondary
educational institution (as defined under IC 21-7-13-6(a)).
(b) In addition to any credit time that a person earns under
subsection (a) or section 3 of this chapter, a person may earn credit
time if, while confined by the department of correction, the person:
(1) is in credit Class I;
(2) demonstrates a pattern consistent with rehabilitation; and
(3) successfully completes requirements to obtain at least one (1)
of the following:
(A) A certificate of completion of a career and technical
education program approved by the department of correction.
(B) A certificate of completion of a substance abuse program
approved by the department of correction.
(C) A certificate of completion of a literacy and basic life
skills program approved by the department of correction.
(D) A certificate of completion of a reformative program
approved by the department of correction.
(c) The department of correction shall establish admissions criteria
and other requirements for programs available for earning credit time
under subsection (b). A person may not earn credit time under both
subsections (a) and (b) for the same program of study.
(d) The amount of credit time a person may earn under this section
is the following:
(1) Six (6) months for completion of a state of Indiana general
educational development (GED) diploma under IC 20-20-6
(before its repeal) or IC 22-4.1-18.
(2) One (1) year for graduation from high school.
(3) One (1) year for completion of an associate's degree.
(4) Two (2) years for completion of a bachelor's degree.
(5) Not more than a total of six (6) months of credit, as
determined by the department of correction, for the completion of
one (1) or more career and technical education programs
approved by the department of correction.
(6) Not more than a total of six (6) months of credit, as
determined by the department of correction, for the completion of
one (1) or more substance abuse programs approved by the
department of correction.
(7) Not more than a total of six (6) months credit, as determined
by the department of correction, for the completion of one (1) or
more literacy and basic life skills programs approved by the
department of correction.
(8) Not more than a total of six (6) months credit time, as
determined by the department of correction, for completion of one
(1) or more reformative programs approved by the department of
correction. However, a person who is serving a sentence for an
offense listed under IC 11-8-8-4.5 may not earn credit time under
this subdivision.
However, a person who does not have a substance abuse problem that
qualifies the person to earn credit in a substance abuse program may
earn not more than a total of twelve (12) months of credit, as
determined by the department of correction, for the completion of one
(1) or more career and technical education programs approved by the
department of correction. If a person earns more than six (6) months of
credit for the completion of one (1) or more career and technical
education programs, the person is ineligible to earn credit for the
completion of one (1) or more substance abuse programs.
(e) Credit time earned by a person under this section is subtracted
from the release date that would otherwise apply to the person after
subtracting all other credit time earned by the person.
(f) A person does not earn credit time under subsection (a) unless
the person completes at least a portion of the degree requirements after
June 30, 1993.
(g) A person does not earn credit time under subsection (b) unless
the person completes at least a portion of the program requirements
after June 30, 1999.
(h) Credit time earned by a person under subsection (a) for a
diploma or degree completed before July 1, 1999, shall be subtracted
from:
(1) the release date that would otherwise apply to the person after
subtracting all other credit time earned by the person, if the
person has not been convicted of an offense described in
subdivision (2); or
(2) the period of imprisonment imposed on the person by the
sentencing court, if the person has been convicted of one (1) of
the following crimes:
(A) Rape (IC 35-42-4-1).
(B) Criminal deviate conduct (IC 35-42-4-2).
(C) Child molesting (IC 35-42-4-3).
(D) Child exploitation (IC 35-42-4-4(b)).
(E) Vicarious sexual gratification (IC 35-42-4-5).
(F) Child solicitation (IC 35-42-4-6).
(G) Child seduction (IC 35-42-4-7).
(H) Sexual misconduct with a minor as a Class A felony, Class
B felony, or Class C felony (IC 35-42-4-9).
(I) Incest (IC 35-46-1-3).
(J) Sexual battery (IC 35-42-4-8).
(K) Kidnapping (IC 35-42-3-2), if:
(i) the victim is less than eighteen (18) years of age; and
(ii) the court finds by clear and convincing evidence
during the sentencing hearing that the offense was
committed for a sexual purpose.
(L) Criminal confinement (IC 35-42-3-3), if:
(i) the victim is less than eighteen (18) years of age; and
(ii) the court finds by clear and convincing evidence
during the sentencing hearing that the offense was
committed for a sexual purpose.
(M) An attempt or a conspiracy to commit a crime listed in
clauses (A) through (L).
(i) The maximum amount of credit time a person may earn under
this section is the lesser of:
(1) four (4) years; or
(2) one-third (1/3) of the person's total applicable credit time.
(j) Credit time earned under this section by an offender serving a
sentence for a felony against a person under IC 35-42 or for a crime
listed in IC 11-8-8-5 shall be reduced to the extent that application of
the credit time would otherwise result in:
(1) postconviction release (as defined in IC 35-40-4-6); or
(2) assignment of the person to a community transition program;
in less than forty-five (45) days after the person earns the credit time.
(k) A person may earn credit time for multiple degrees at the same
education level under subsection (d) only in accordance with guidelines
approved by the department of correction. The department of
correction may approve guidelines for proper sequence of education
degrees under subsection (d).
(l) A person may not earn credit time:
(1) for a general educational development (GED) diploma if the
person has previously earned a high school diploma; or
(2) for a high school diploma if the person has previously earned
a general educational development (GED) diploma.
(m) A person may not earn credit time under this section if the
person:
(1) commits an offense listed in IC 11-8-8-4.5 while the person is
required to register as a sex or violent offender under IC 11-8-8-7;
and
(2) is committed to the department of correction after being
convicted of the offense listed in IC 11-8-8-4.5.
(n) For a person to earn credit time under subsection (a)(3)(B) for
successfully completing the requirements for a high school diploma
through correspondence courses, each correspondence course must be
approved by the department before the person begins the
correspondence course. The department may approve a correspondence
course only if the entity administering the course is recognized and
accredited by the department of education in the state where the entity
is located.
SOURCE: IC 36-2-13-5.5; (13)HB1053.1.16. -->
SECTION 16. IC 36-2-13-5.5, AS AMENDED BY P.L.216-2007,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5.5. (a) The sheriffs shall jointly establish and
maintain an Indiana sex and violent offender registry web site, known
as the Indiana sex and violent offender registry, to inform the general
public about the identity, location, and appearance of every sex or
violent offender residing within Indiana. who is required to register
under IC 11-8-8-7. The web site must provide information regarding
each sex or violent offender, organized by county of residence. The
web site shall be updated at least daily.
(b) The public portal of the Indiana sex and violent offender
registry Internet web site must include the following information for
every sex or violent offender who is required to register under
IC 11-8-8-7:
(1) A recent photograph of every sex or violent offender who has
registered with a sheriff after the effective date of this chapter.
(2) The home address of every sex or violent offender.
(3) The information required under IC 11-8-8-8.
(1) The sex or violent offender's full name, alias, any name by
which the sex or violent offender was previously known, sex,
race, height, weight, hair color, eye color, any scars, marks, or
tattoos, principal residence address, and any other address
where the sex or violent offender spends more than seven (7)
nights in a fourteen (14) day period.
(2) A description of the offense for which the sex or violent
offender was convicted, the date of conviction, the county of
the conviction, the state of the conviction, the cause number
of the conviction, and the sentence imposed.
(3) If the person is required to register under
IC 11-8-8-7(a)(2) or IC 11-8-8-7(a)(3), the address of each of
the sex or violent offender's employers in Indiana, the address
of each campus or location where the sex or violent offender
is enrolled in school in Indiana, and the address where the sex
or violent offender stays or intends to stay while in Indiana.
(4) A recent photograph of the sex or violent offender.
(5) If the sex or violent offender is a sexually violent predator,
that the sex or violent offender is a sexually violent predator.
(c) The local law enforcement authority (as defined in
IC 11-8-8-2) shall:
Every time a sex or violent offender registers, but at least once per
year, the sheriff shall:
(1) photograph the sex or violent offender in accordance with
IC 11-8-8-14; and
(2) determine whether the sex or violent offender's fingerprints
are on file:
(A) in Indiana; or
(B) with the Federal Bureau of Investigation.
If it appears that the sex or violent offender's fingerprints are not on file
as described in subdivision (2), the sheriff local law enforcement
authority shall fingerprint the sex or violent offender and transmit a
copy of the fingerprints to the state police department. The sheriff local
law enforcement authority shall place the photograph described in
subdivision (1) on the public portal of the Indiana sex and violent
offender registry Internet web site.
(d) The photograph of a sex or violent offender described in
subsection (c) must meet the following requirements:
(1) The photograph must be full face, front view, with a plain
white or off-white background.
(2) The image of the offender's face, measured from the bottom
of the chin to the top of the head, must fill at least seventy-five
percent (75%) of the photograph.
(3) The photograph must be in color.
(4) The photograph must show the offender dressed in normal
street attire, without a hat or headgear that obscures the hair or
hairline.
(5) If the offender normally and consistently wears prescription
glasses, a hearing device, wig, or a similar article, the photograph
must show the offender wearing those items. A photograph may
not include dark glasses or nonprescription glasses with tinted
lenses unless the offender can provide a medical certificate
demonstrating that tinted lenses are required for medical reasons.
(6) The photograph must have sufficient resolution to permit the
offender to be easily identified by a person accessing the Indiana
sex and violent offender registry web site.
(e) The Indiana sex and violent offender registry web site may be
funded from:
(1) the jail commissary fund (IC 36-8-10-21);
(2) a grant from the criminal justice institute; and
(3) any other source, subject to the approval of the county fiscal
body.