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***Notice: TO ALL VIOLENT OFFENDERS WHO COMMITTED THEIR OFFENSES IN INDIANA PRIOR TO JULY 1, 2007 AND WHO ARE NOT REQUIRED TO REGISTER AS VIOLENT OFFENDERS AS A CURRENT CONDITION OF PROBATION OR PAROLE
The violent offender law requiring registration and a registry of violent offenders is unconstitutionally retroactive under the Indiana Constitution as applied to violent offenders who committed their offenses in Indiana before the date the law went into effect, July 1, 2007, except insofar as the persons are required to register as a current condition of probation or parole.
If you have been classified as violent offender as a result of committing the offense in Indiana prior to July 1, 2007, and you are not currently required to register as a condition of probation or parole, the Indiana Department of Correction has been ordered to remove your name and all information concerning you from the sex and violent offender registry, unless you are convicted of other offenses that allow you to be currently classified as a sex or violent offender. This will be done automatically unless the Department of Correction cannot determine when the person committed the offense or whether he or she is required to register as a condition of probation or parole. If this occurs, the individual will receive a notice at his or her last known address with instructions as to how to contact the Indiana Department of Correction.
And, if you are in the above category, the Sheriff of your county (in Indianapolis, the Indianapolis Metropolitan Police Department) has been ordered to cease imposing any registration requirements on persons classified as violent offenders as a result of committing the offense prior to July 1, 2007, unless the person has committed other offenses that allow the person to be currently classified as a sex or violent offender. Additionally, the Sheriff (in Indianapolis, the Indianapolis Metropolitan Police Department) and the local Prosecutor have been ordered not to arrest or prosecute any persons in the above category for failing to register as a violent offender unless, the persons are required to register for another offense.
If you have questions about this Judgement you may contact the Indiana Department of Correction at: Brent Myers, Director, Registration and Victim Services, Indiana Department of Correction, 302 W. Washington St., Room E334, Indianapolis, IN 46204
or you may contact the attorneys who represent the plaintiffs in this case, Kenneth J. Falk, Gavin M. Rose, ACLU of Indiana, 1031 E. Washington St., Indianapolis, Indiana. 46202.
About the Sex & Violent Offender Registry
Effective January 1, 2003, Zachary's Law required sheriff's departments to jointly establish the Indiana Sex and Violent Offender Registry to provide detailed information about individuals who register as sex or violent offenders in Indiana. The purpose of the registry is to inform the general public about the identity, location, and appearance of sex and violent offenders who live, work, or study in Indiana.
On July 1, 2006, the Indiana Department of Correction replaced the Indiana Criminal Justice Institute as the agency that oversees the State's Sex and Violent Offender Registration and Registry efforts. As a part of this new responsibility, the Department provides judges, law enforcement officials, prosecuting attorneys, parole officers, probation officers, and community corrections officials with information and training concerning the requirements of Indiana Code 11-8-8 and the use of the Indiana Sex and Violent Offender Registry.
Upon request the Indiana Department of Correction will provide neighborhood associations with information concerning sex offenders who reside near the location of the neighborhood association and/or instructional materials concerning the use of the Indiana Sex and Violent Offender Registry.
Indiana Supreme Court Cases
On April 30, 2009, the Indiana Supreme Court issued decisions in cases involving Richard P. Wallace and Todd Jensen regarding the Indiana Sex and Violent Offender Registration Act. Copies of the cases may be accessed by following the links indicated below. If you believe the cases have an impact on your requirements to register as a sex or violent offender in the State of Indiana, you may raise the matter in a court of appropriate jurisdiction or discuss it with an attorney. The Indiana Department of Correction is not able to provide persons with legal advice as to the impact of the Wallace and Jensen cases.
Richard P. Wallace v. State of Indiana – (http://www.in.gov/judiciary/opinions/pdf/04300901rdr.pdf)
Todd Jensen v. State of Indiana – (http://www.in.gov/judiciary/opinions/pdf/04300902rdr.pdf)
Contact the Indiana Department of Correction Sex and Violent Offender Registry
Phone: (317) 232-1232
Fax: (317) 234-1953
Indiana Department of Correction
Attn: Indiana Sex and Violent Offender Registry
302 W. Washington St.
Indiana Government Center South, W341
Indianapolis, IN 46204-2038