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Tuesday, March 28, 2006

Ind. Law - Still more on: Marion County prosecutor candidate proposes ordinance to keep sex offenders out of public parks

Brendan O'Shaughnessy of the Indianapolis Star has a much expanded version today of the story he filed yesterday afternoon (scroll down two). The story examines the legal issues:

Legal challenges have been filed against a similar ordinance in Plainfield. To avoid lawsuits, the Indianapolis proposal breaks new ground by providing an exception: Sex offenders could visit parks and other gathering places in the company of another adult who is not an offender.

Even that raises constitutional questions, a representative of the American Civil Liberties Union of Indiana said, and a challenge is likely.

But relying on fines -- and allowing exceptions -- appears to be a unique approach, one expert said.

"I haven't seen that nationally, but I guarantee it will tend to take hold," said Charles Onley, a research associate for the Center for Sex Offender Management, a nonprofit funded by Justice Department grants. "There's been a trend to effectively remove sex offenders from the community." * * *

The city proposal, however, has flaws, said Ken Falk, the legal director of the ACLU of Indiana. Although narrower than the restriction in Plainfield, the ordinance is still not "qualitatively different."

One problem with both, he said, is the attempt to take away a person's right to use a public space without direct cause, such as drinking or lewd behavior. He said adding a civil punishment to a past crime is another problem.

Such restrictions can be counterproductive, Falk said, if offenders are given no options to reintegrate into society.

"Where does it end?" he said. "Ultimately, that's not helpful to the offender or society. We'll end up in urban areas with sex offender ghettos."

In Florida, for example, some communities try to foist sex offenders off on neighboring areas by enacting the toughest restrictions, said Onley, the national expert.

Another problem: After a law went into effect in Iowa in 2005 barring sex offenders from living within 2,000 feet of child-care centers and schools, the number of those who failed to register with authorities jumped dramatically.
"We don't want them offending again," Onley said, "but to totally ostracize them can drive them underground, and you end up with no accountability."

A side-bar accompanies the story, surveying how other states restrict sex offenders.

For background, see this Dec. 14, 2005 ILB entry that looks at other Indiana ordinances and legal challenges.

Posted by Marcia Oddi on March 28, 2006 08:41 AM
Posted to Indiana Law