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COA upholds violent offender registration

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The Indiana Court of Appeals affirmed that the state's sex and violent offender registry doesn't violate the Indiana Constitution by requiring violent offenders to register for a 10-year period or for life. The appellate court also overturned a Marion Superior Court judge's grant of a preliminary injunction barring lifetime registration by certain violent offenders, finding the injunction should only apply to a specific subclass of offenders.

In James Gibson, Mark Lamar, and John Doe, and others similarly situated v. Indiana Department of Correction, et al., No. 49A04-0803-CV-165, Gibson and other plaintiffs challenged the amendments to Indiana's statute creating a sex and violent offender registry, which required violent offenders to register for either 10 years or for a lifetime depending on the crime and other circumstances. The plaintiffs are all violent offenders and believe the recently amended statute, Indiana Code Section 36-2-13-5.5, violates Article I, Sections 12 and 23 of the state's constitution.

The plaintiffs argue the registry violates the Privileges and Immunities clause in Section 23 because it requires registration by people convicted of only certain crimes that caused death. The Court of Appeals agreed with the trial court that the registry is for people who "have demonstrated intentional violent deadly behavior towards another person."

Those who commit lesser crimes that happen to result in death haven't demonstrated the intentional violent deadly behavior toward another person that would require compliance with the registry, wrote Judge Terry Crone. There are sufficient inherent differences between murder, felony murder, voluntary manslaughter, and attempts to commit those crimes as compared to other offenses resulting in death that allow the General Assembly to specify different treatment, the judge continued.

The appellate court also affirmed the registry doesn't violate Section 12 because there is some recidivism among violent offenders, which means community notification about violent offenders provides an opportunity for enhancing public safety. Requiring violent offenders to register for at least some period of time meets the low threshold of rational relation, wrote Judge Crone.

The plaintiffs failed to meet the requirements for a preliminary injunction on registration, except for a small subset who have been more than 10 years removed from the date of release from prison, placed on parole or probation, put in community corrections, and aren't violent sexual predators. The Court of Appeals reversed the grant of a preliminary injunction against lifetime registration for all violent offenders and remanded with instructions to clarify the preliminary injunction consistent with the opinion. A violent offender is required to comply with the registry for 10 years unless he or she also falls within a subsection of the statute requiring lifetime registration, wrote Judge Crone.

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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