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Justices reverse juvenile placement on sex offender registry

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A juvenile who pleaded guilty to what would have been Class D felony sexual battery if committed by an adult should not have been placed on the sex offender registry, the Indiana Supreme Court ruled Monday.

Justices reversed and remanded the order of a Lawrence Circuit Court judge, holding that the order was neither issued in connection with an evidentiary hearing nor accompanied by findings. In N.L. v. State of Indiana, 47S01-1302-JV-126, Justice Loretta Rush set out the requirements for ordering juveniles to be included in the registry.

“It is well within a trial court’s discretion to hold more than one hearing to determine whether a juvenile’s risk of reoffending warrants placing them on the sex offender registry,” Rush wrote for the court. “But when it does so, every hearing held for that purpose must be an ‘evidentiary hearing’” defined by J.C.C. v. State, 897 N.E.2d 931, 935 (Ind. 2008).

“Juveniles must have the opportunity to challenge the State’s evidence and present evidence of their own; and if an ‘evidentiary hearing’ is continued, they must have continued representation by counsel at the subsequent hearings as well. Finally, the child may not be ordered to register unless the trial court expressly finds, by clear and convincing evidence, that the child is likely to commit another sex offense — based exclusively on evidence received at such a hearing,” Rush wrote. “Here, the May hearing was not an ‘evidentiary hearing’ as J.C.C. requires; N.L. did not have the benefit of counsel in May, even though he did for the February hearing; and the trial court made no findings about N.L.’s likelihood to reoffend.
 
“We therefore reverse the order requiring N.L. to register as a sex offender, and remand to the trial court with instructions to conduct a new ‘evidentiary hearing’ as J.C.C. requires to determine whether N.L. is likely to commit another sex offense, and thereafter to make an express finding of whether the State has made that showing by clear and convincing evidence.”

 

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  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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