Justices issue sex-offender registration rulings

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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."


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues