IN: Bill that prevents sex offenders from living near victims signed by governor

INDIANAPOLIS – A bill authored by State Sen. Mike Bohacek, R-Michiana Shores, that prevents sex offenders from living near victims was ceremonially signed into law Monday by Gov. Eric Holcomb. Senate Enrolled Act 12 makes it unlawful for a sex offender to intentionally establish residence within one mile of their victim. Although this is current law for victims who are minors, SEA 12 extends the protection to all victims regardless of age. Full Article

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IN: 7th Circuit prohibits sex offender from voting at local high school

[theindianalawyer.com 5/8/18] In a decision handed down one day before Indiana’s 2018 primary election, the 7th Circuit Court of Appeals found a rational relationship between an Indiana statute prohibiting sex offenders from entering school property and the state’s interest in protecting children. The court ruled the state does not violate a convicted sex offender’s voting rights by prohibiting him from voting at a polling place located in a high school, and instead requiring him to vote via one of three alternatives. In Brian Valenti v. Connie Lawson, et al., 17-3207,…

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IN: Indiana Supreme Court suggests declaratory judgment a better avenue to challenge collateral consequences

[floridaactioncommittee.org 4/30/18] Although the Indiana Supreme Court ruled against a registered sex offender father trying to attend his son’s school events, they did give him some guidance on how to go about his challenge. Douglas Kirby plead guilty to child solicitation eight years ago and was sentenced to eighteen months probation. While he was on probation (and until 2015) he was permitted to come on campus to see his son’s school activities. That was until Indiana passed a law in 2015 making it a felony for him to ” knowingly…

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IN: Justices to decide if sex offender dad can go to son’s school activities

The Indiana Supreme Court must decide if a Howard County father can attend his son’s school activities despite his serious sex offender status after hearing arguments Thursday on an ex post facto claim. After being convicted of child solicitation in 2010, _____ ____ was sentenced to 18 months of probation and was ordered to register as a sex offender for 10 years. However, the Howard Superior Court granted ____ special permission to continue attending his son’s school activities on school property, despite his sex offender status. But when the Unlawful…

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IN: Bill would limit sex offenders’ time at church schools

When Boone County law enforcement officials sent a letter telling registered sex offenders they couldn’t go to church where there were children’s programs, three of the letter recipients filed a lawsuit. The men claimed they couldn’t exercise their religion for fear of being arrested. They won their case with the Indiana Court of Appeals. Now, a state senator is trying to set a time limit under which sex offenders can attend churches when children are present. Full Article

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IN: Sex Offenders Sue Over Indiana Registry Requirement

[US News] INDIANAPOLIS (AP) — Three men have filed a lawsuit over an Indiana requirement that they register as sex offenders when moving to the state, saying they’re being treated differently than other residents in similar situations. Patrick Rice, Adam Bash and Scott Rush all were convicted out of state and before the enactment of the Indiana Sex Offender Registration Act, The Indianapolis Star reported. The men’s lawsuit says that in accordance with an Indiana Supreme Court ruling, the Department of Correction does not typically require sex offenders convicted before…

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MI: Zachery Anderson denied termination of probation

For someone who probably should not have been prosecuted in the first place, Zach Anderson is certainly continuing to get a raw deal from the system. Now 22, when Zach was 19 he had sex with someone he met on line who claimed she was 17. Turns out she was only 14. Even though she admitted to lying about her age, Zach was sentenced to jail time, probation and 25 years on Michigan’s sex offender registry. Full Article

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IN: Justices to decide if sex offender’s internet restriction unconstitutional

After being convicted of incest with his teenage niece, a Tippecanoe County man’s sentence contained several probation conditions, including a prohibition on accessing websites “frequented by children” and a prohibition on internet use without prior approval. Those conditions are the subject of an appeal now under review by the Indiana Supreme Court, which will decide whether the conditions, as applied, are unconstitutional. During oral arguments Thursday in Kristopher Weida v. State of Indiana, 79S02-1711-CR-00687, Brian Karle, counsel for Weida, argued against the constitutionality of the probation conditions, telling the justices the…

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IN: Homeless sex offender living on jail property Sheriff hopes to monitor, motivate future offenders with new plan

A unique plan hatched by the Boone County Sheriff’s Office has lead to five homeless registered sex offenders moving to permanent residences, and one to live in a tent on Boone County Jail property. Last week, a resident saw online that a registered sex offender had used the Whitestown Meijer store address as his own. The man was living in a car in the grocery store parking lot. The issue came to the attention of the Boone County Sheriff’s Office, the only law enforcement agency in the county charged with…

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IN: County prosecutor – State effort valuable tool for parents seeking child care

A new state registry is meant to help parents look into the backgrounds of the people their children spend time with. Last year, the Indiana State Legislature approved a child abuse registry, which became available in July. The registry, which is searchable by name, will provide information about everyone convicted of child abuse-related offense in Indiana from the past five years. Full Article

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