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National

IN: 7th Circuit rules DOC sex offender program violates Constitution

[theindianalawyer.com – 4/26/19]

Finding the disclosures provide information that any law enforcement agent “would love to have,” the 7th Circuit Court of Appeals has ruled Indiana’s requirement that sex offender inmates give detailed accounts of their past actions violates the Constitution’s protections against self-incrimination.

Donald Lacy, a sex offender inmate in the Indiana Department of Correction, filed a class action on behalf of all inmates who lost good-time credits and a demotion in credit class because they failed to meet the requirements of the Indiana Sex Offender Management and Monitoring program. Lacy argued the disclosures required and the penalties imposed for non-participation constituted a violation of his Fifth Amendment right to be free from compelled self-incrimination.

The U.S. District Court for the Southern District of Indiana agreed. It ordered the inmates’ lost good-time credits to be restored and vacated all disciplinary actions and sanctions for failure to participate in INSOMM.

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Join the discussion

  1. wonderin

    Exactly why I remain so arrogant when I’m supposed to be so compliant.
    The psychiatric and justice system are so inept and corrupt as to defy imagination.

    • Will Allen

      As long as $EX offenses are treated differently than other offenses, many of which are obviously much more dangerous and harmful, then everyone should be defiant.

      I think therapy can be useful for everyone. But if it is part of probation/parole and is threatening, then I expect it is harmful in the large majority of cases. I know it was for me. They were really idiotic about it and it was nothing but a money grab. Much worse than just worthless.

  2. G4Change

    If I remember correctly, there was a similar finding – possibly in Colorado – not too long ago.
    This. Is. Good.

  3. Dustin

    Pretty sad that something like this has to go all the way up to a federal circuit court (possibly the US Supreme Court) to settle what should be a question of common sense. More sad that the state courts keep disregarding their own laws and constitutions to keep doing it.

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