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Wednesday, June 06, 2007

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

Following up on its stories last month on the sex offender law, the Lafayette Journal & Courier has an editorial today headed "Loopholes in offender laws will be tried." A few quotes:

Most parents will go to any extent to keep their children safe, especially from the threat of sex offenders.

But just how far should we restrict child sex offenders' rights? * * *

In Tippecanoe County, the prosecutor's office is following a state law, prohibiting sex offenders from living within 1,000 feet of a school, public park or youth program center. The county is enforcing the law, believing that it requires offenders to move, regardless of whether they committed the offense before or after July 1, 2006, when the law took effect.

Legislation in other states has met different fates.

In Iowa, sex offenders convicted of crimes involving children are barred from living within 2,000 feet of a school or day care center. A group of sex offenders challenged Iowa's legislation, claiming it was unconstitutional but the state's appeals court allowed the law to stand.

However, in Missouri, a Circuit Court judge in Cole County overturned a 2006 law that forced sex offenders to move if they lived near a school, even if they moved in before the change took effect. * * *

And just how often do we have to force sex offenders to move in order to keep our peace of mind?

Take, for example, a sex offender who moves into a rural area and lives peacefully without breaking the law. Years later, sprawl descends around his home, bringing with it new neighbors, a new school and a new park.

Should that sex offender be forced to move, years after paying his debt and staying out of trouble?

The law would seem to say yes.

We support laws that protect our children wisely. We fear this one leaves too many loopholes for exploitation, by both prosecutors and the predators.

One thing, however, is certain about this type of law: Whether it's Iowa's, Indiana's or another state's version, it will surely wind up in the Supreme Court.

Posted by Marcia Oddi on June 6, 2007 06:30 AM
Posted to Indiana Law