ILNews

Court: Rehabilitation evaluation a must

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court says that before any juvenile can be placed on the state's sex offender registry, a trial court must first evaluate whether that minor has been rehabilitated to determine if there's clear and convincing evidence he or she might re-offend.

A Marion Superior magistrate didn't do that and on Tuesday, justices reversed the lower court's decision requiring a then-14-year-old boy to register as a sex offender. The eight-page ruling came on a petition to transfer in J.C.C. v. State, No. 49S02-0803-JV-143.

During a year's incarceration at the Indiana Boys' School in 2000 for a series of nine child molesting offenses with younger boys, the juvenile referred to as J.C.C. completed a sex offender treatment program and was released. The state petitioned that the juvenile register as a sex offender and the trial court ordered that registry.

On appeal to the Supreme Court, J.C.C. argued that the state didn't show clear and convincing evidence that he is likely to re-offend, and that the trial court should not have denied his Trial Rule 60(B) claim to set aside the adjudications. The Court of Appeals affirmed, holding that a certified juvenile sex offender counselor adequately conducted an assessment that showed J.C.C. was a high risk for re-offending despite his completion of the treatment program.

But the justices disagreed, pointing out that the counselor's only evaluation of J.C.C. was prior to the juvenile's placement in the Department of Correction and treatment program.

"Though such an interview is not required, the expert's testimony or other evidence must analyze whether the juvenile has been rehabilitated subsequent to disposition," Justice Frank Sullivan wrote for the court. "That did not occur in this case. Without such evidence, we cannot conclude that there was clear and convincing evidence that J.C.C. is likely to commit another sex offense."

The court's analysis is grounded in specific provisions of Indiana's juvenile sex offender registry statute and the general purpose of the juvenile code, Justice Sullivan wrote. An evidentiary hearing is required to determine if a minor is likely to be a repeat sex offender, but when a juvenile is placed within detention or prison, that registry hearing can't be held until after the juvenile is released. As a result, the court determined that the legislative intent is to wait on a sex offender registration determination until that juvenile has the chance to be rehabilitated during detention.

"In addition to the specific provisions of the statute we have been exploring, we also find it highly relevant.... That the Legislature has articulated that guiding policy of this State and the purpose behind Indiana's juvenile justice system is to 'ensure that children within the juvenile justice system are treated as persons in need of care, protection, treatment, and rehabilitation,'" Justice Sullivan wrote. "This policy is consistent with the State's primary interest in rehabilitation, rather than punishment of juvenile delinquents."

Justices vacated the appellate court's order except for the portion addressing the Trial Rule 60(B) claim to set aside adjudications.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT