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Thursday, May 31, 2007

Ind. Law - Do the changes to the sex offender law mean longtime homeowners must move?

That is the question addressed in two stories by Sophia Voravong of the Lafayette Journal & Courier.

Some quotes from her story of May 17, 2007:

A local man will have to leave his home of more than 20 years. Another will have to figure out how he can continue at-home care for his mother.

They are among the 28 registered sex offenders convicted of crimes against children who soon must move -- most likely into rural Tippecanoe County.

"I've been met with disgust. Some of the offenders are angry about it," said sheriff's Detective Greg Haltom, who runs the sex offender registry for Tippecanoe County. "But it's our job to enforce the law, and that's how the law is written."

A state law that took effect in July 2006 prohibits child offenders from living within 1,000 feet of a school, public park or youth program center. But only now are the sheriff's department and prosecutor's office able to enforce it.

Haltom since April has been hand-delivering letters from prosecutor Pat Harrington, letting the offenders know they have 45 days -- from the day they get the letter -- to find new housing. Twelve people had been notified as of Tuesday.

Those who refuse to move will be charged with a Class D felony.

"There are no exceptions," Harrington said. "The law is clear."

Like Haltom, Harrington said he already has received some concerned e-mails from those who must move. He expects that the issue could go before the Indiana appellate or supreme courts.

Lafayette attorney Bruce Graham, who has represented some child sex offenders, agrees. He sees it as an additional punishment for those who already served jail time.

"The basic issue is a constitutional one. I'm sure there is going to be a due process argument," he said. "They're imposing an additional condition after the fact.

"In effect, people are being forced to do something that they had no prior knowledge of having to do. ... They had no chance to give input."

From today's story:
State Rep. Joe Micon, D-West Lafayette, voted last year on legislation requiring that certain sex offenders living near children relocate.

He did so believing that it applied to those previously convicted and listed in Indiana's Sex Offender Registry who meet the established terms.

"Absolutely, they have to move," Micon said. "I believe that was the legislative intent."

The Tippecanoe County prosecutor's office was still waiting Wednesday to hear from the state's prosecuting attorneys council to see if it correctly interpreted the law, which took effect July 1, 2006.

Letters to offenders convicted of crimes against children went out in late April, stating that the offender could not live within 1,000 feet of a school, public park or youth program center. Twenty-eight offenders in Tippecanoe County must move.

Confusion comes from the statute's legislative history, which says it applies "only to crimes committed after June 30, 2006."

Deputy prosecutor Laura Zeman said the prosecutor's office is viewing the crime -- as defined in the statute -- not as the original offense but as the violation of the state's residency restrictions.

Posted by Marcia Oddi on May 31, 2007 12:07 PM
Posted to Indiana Law