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Court: Rehabilitation evaluation a must

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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.

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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