ILNews

Justices issue sex-offender registration rulings

Back to TopCommentsE-mailPrintBookmark and Share

Convicted sex offenders who've already served their sentences can't be forced to register for life by a newly enacted statute, but the Indiana Supreme Court is split on whether that lifetime requirement should be imposed on offenders who are still registering when the law is changed.

The state's highest court ruled on two companion cases today analyzing the Indiana Sex Offender Registration Act, a combination of statutes requiring defendants convicted of sex and certain other offenses to register with local law enforcement and disclose personal information. The cases are Richard P. Wallace v. State of Indiana, No. 49S02-0803-CR-138, and Todd Jensen v. State of Indiana, No. 02S04-0803-CR-137. Justices heard combined arguments May 15, 2008.

Wallace pleaded guilty to a sex offense against a child in 1989, and after serving his five-year sentence and probation he learned from law enforcement that new laws passed in 1994 and 2001 required him to register for life as a sex offender. He didn't register and was later convicted by a jury in 2007 for felony failure to register. The Court of Appeals rejected his arguments last year and affirmed the trial court.

In Jensen, the 1999 crimes resulted in the Allen County man being charged with child molesting counts and vicarious sexual gratification. He pleaded guilty in 2000 and received a sentence of three years in prison and three years probation, as well as having to register for 10 years after his time served.

Both argued the Indiana Sex Offender Registration Act violates the ex post facto prohibitions of both the Indiana and U.S. Constitutions because they'd committed the crime, been convicted, received sentences, and served them before any registration or notification was required. In Wallace's case, he'd served his entire sentence; Jensen had completed his prison time and probation, but was still continuing with his previously agreed to 10-year registration requirement.

Justice Robert D. Rucker authored both opinions, relying on seven factors laid out by the Supreme Court of the United States in Kennedy v. Mendoza-Martinez, 372 U.S. 144, 168-69 (1963), about whether the statute is punitive or non-punitive.

In the unanimous, 18-page Wallace ruling, Justice Rucker wrote that the act in question "imposes burdens that have the effect of adding punishment beyond that which would have been imposed when his crime was committed." That decision reversed the judgment by Marion Superior Judge Lisa Borges.

But in the 13-page Jensen ruling, Justice Rucker and Chief Justice Randall T. Shepard concurred in finding that Allen Superior Judge Fran Gull was correct in her decision that Jensen be classified as a sexually violent predator and be required to register for life. Justice Frank Sullivan concurred in result with a separate opinion, while Justices Theodore Boehm and Brent Dickson dissented in their own opinion.

"We hold today in Wallace v. State that the registration requirement is punitive and therefore cannot constitutionally be applied to a person whose crime occurred before the statute was enacted," Justice Boehm wrote in Jensen. "The majority holds that the same conclusion does not apply to a person whose crime occurred at a time when only a ten-year registration was required. It is beyond dispute that a law extending the period of incarceration for a crime cannot apply to persons whose offense predates the effective date of that legislation .... It seems to me that if the registration requirement is punitive, extending its period is no less additional punishment than extending a period of incarceration, and equally violates the constitutional ban on ex post facto legislation."

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. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

ADVERTISEMENT