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Sex Offender Registration Act not ex post facto as applied to Perry County man

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The Indiana Court of Appeals upheld the denial of a petition to remove a convicted child molester from the sex offender registry, finding the Sex Offender Registration Act is non-punitive as applied to him.

Daniel Hollen was convicted in Knox County in January 2000 of two counts of Class B felony child molesting for offenses that happened between July 4, 1994, and Sept. 30, 1995. In 2012, he filed pro se a “petition to remove registration act, sexual violent predator status and global positioning satellite” in Perry County, where he lived. He argued his classification as a SVP was contrary to the ex post facto clauses of the Indiana and U.S. constitutions and that he’s being retroactively punished by having to register as a SVP for the rest of his life. He believed the Act wasn’t in effect at the time he committed his offenses.

The case was transferred from Perry Circuit Court to Knox Circuit Court, but it was then sent back to Perry County because that is where Hollen resides. The Perry Circuit Court denied the motion.

The Court of Appeals pointed out that many of Hollen’s arguments are scattered and he failed to put forth a cogent argument on most points. The court addressed his argument that the requirement he registers as a SVP constitutes an ex post facto law because, he claims, the offenses were committed before the effective date of the Act.

Because he was found guilty of two counts that took place after July 1, 1994, the date the Act took effect, the judges didn’t find his argument persuasive that the offenses took place prior to the Act’s effective date. They also looked at the amendments enacted through the years to see if they are constitutional as applied to Hollen.

The COA used the “intent-effects” test to analyze whether the effects of applying the regulatory scheme are punitive as to Hollen by considering seven factors outlined in Kennedy v. Mendoza-Martinez, 372 U.S. 144, 168-69, 83 S. Ct. 554, 567-68 (1963). Those include whether the behavior to which the sanction applies is already a crime and whether the sanction appears excessive in relation to the alternative purpose assigned.

Under the circumstances of Hollen’s case, the court found in Daniel J. Hollen v. State of Indiana, 62A04-1211-MI-636, that the factors weigh in favor of treating the Act as non-punitive as applied to Hollen.

 

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  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

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