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. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.