Indiana used two cases to determine whether or not to uphold lifetime registration for sexual offenders labeled violent predators. The results leaves it up to individual cases based on a petition.
On April 30, 2009, Indiana Supreme Court ruled onWallace versus State of Indiana challenging the "Indiana Sex Offender Registration Act (“Act”) [ which] requires defendants convicted of sex and certain other offenses to register with local law enforcement agencies and to disclose detailed personal information, some of which is not otherwise public."
The question for the Indiana Supreme was whether or not such requirement of the "Act" was in violation of a federal or State provision in the Constitution. The Court found the requirements in violate of the State provision but not the federal.
"[The] Act imposes significant affirmative obligations and a severe stigma on every person to whom it applies. Among other things the Act compels affirmative post-discharge conduct (mandating registration, re-registration, disclosure of public and private information, and updating of that information) under threat of prosecution. Ind. Code §§ 11-8-8-8, -14, -17 (2006).
The duties imposed on offenders are significant and intrusive, including allowing in home personal visitation for verification of the offender‘s address, id. at -13, and carrying a valid identification at all times, id. at -15. All sex offenders who change residences must notify local law enforcement within seventy-two hours. Id. at -11. Through aggressive notification of their crimes, the Act exposes registrants to profound humiliation and community-wide ostracism."
The court viewed factors from other decisions on the purpose for registering, "courts have specifically noted that disclosure was limited to that necessary to public safety, and/or that an individualized finding of future dangerousness was made."
Wallace no longer lifetime registration.
It is obvious, that Indiana "Act" went beyond public safety but was a red letter of shame for all offenders to carry for life even if the offender posed no future danger or was rehabilitated. However, the court noted that an offender labeled as a sexual violent predator can petition the court after 10 years, according to I.C. § 35-38-1-7.5(g) 2006.
On the same day, in another case Jensen versus State of Indiana, the court ruled that placing the picture on a web page labeled sex predator was additional punishment.
The Court fully understands legislators and locals out of control manipulation of the Megan Law.
In 1994, "the Indiana Legislature passed the Act that, among other things, required probationers and parolees convicted of child molesting on or after June 30, 1994 to register as sex offenders. In 2001 the Act was amended to require all offenders convicted of certain sex offenses to register as sex offenders regardless of conviction date.
Back in December, 2006, I wrote about Indiana laws being a due process issue, in December 2007, I cited a Missouri case on the issue of ex facto lawwrote about the Act and being a way to increase violent offenders for the Allen County area. In other words, one way to legally bully folks.
However, the Court refuses to do away with the punitive law but instead leave it up to each offender to challenge the unfairness of the law as it apply case by case. Instead of a law that is exact becomes confusing on its application.
Jensen remains on lifetime registration.
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