ILNews

Court rules on sex offender status decisions

Back to TopE-mailPrintBookmark and Share

Tackling the issue of who determines whether a convicted sex offender is considered a “sexually violent predator,” the Indiana Court of Appeals today issued the latest ruling in a line of cases about the state’s sex offender registry and how convicts’ names are removed.

The state Department of Correction is not authorized to determine whether an offender is a sexually violent predator according to state law, Judge James Kirsch wrote for a unanimous appellate panel in Edwin G. Buss, in his official capacity as Commissioner of the Indiana Department of Correction v. Michael L. Harris, No. 52A02-0911-CV-1088.

Arising out of Miami Circuit Court, the case involves a former inmate at the Miami Correctional Facility who pleaded guilty to felony child molesting in 1999 and was ultimately released on parole in 2002 and 2005, after being reincarcerated for parole violations. Harris learned in 2007 that, because of state statute revisions, he’d be designated as a sexually violent predator and would have to register for life. Harris refused to sign the forms for this twice, and sued on the issue in late 2007.

The case has been ongoing since then, with a bench trial in August 2009 where the trial court granted Harris’s requests for declaratory and injunctive relief and found that he should not be listed on the sex offender registry as a sexually violent predator. That court relied on the Indiana Supreme Court’s decisions last year in Wallace v. State, 905 N.E. 2d 371, 374-77 (Ind. 2009), and Jensen v. State, 905 N.E. 2d 384 (Ind. 2009).

Specifically, the DOC argues that Jensen applies to the instant case and that classifying him in that way doesn’t violate the man’s rights.

“We are left with the question, once an offender’s sentencing hearing has concluded, who makes the determination that an offender’s status is now, pursuant to amendments to the statute, that of a sexually violent predator subject to lifetime registration requirements?” the court asked. “If we were to adopt the State’s construction of the statutory provisions, an offender could, in theory, have completed his sentence and reporting requirement, yet without notice to him be in violation of lifetime reporting requirements by operation of law due to subsequent amendments … Nothing before us indicates that the legislature intended such as result.”

The trial court didn’t err in its decision, and the appellate panel relied largely on the case of Jones v. State, 885 N.E. 2d 1286 (Ind. 2008), to support its conclusion.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT