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Thursday, April 03, 2008

Ind. Courts - ACLU files suit challenging new sex offender law [Updated Again]

Jon Murray reports this afternoon in the Indianapolis Star in a story that begins:

The American Civil Liberties Union of Indiana filed a lawsuit today challenging a new provision of the state sex offender law that will require those who register to agree to searches of their computers.

Passed earlier this year by the Indiana General Assembly, Senate Bill 258, which takes effect July 1, addresses several issues related to sex offenders. One is that when a sex offender begins probation, parole or enrolls in the state's sex offender registry, they must sign a consent form agreeing to searches of computers or Internet-enabled devices at any time. Also, they must agree to install software that monitors Internet usage at their own expense.

The lawsuit, filed in U.S. District Court in Indianapolis, says placing the restriction on sex offenders who aren't in probation or still on parole violates the U.S. Constitution's protection against unreasonable searches and seizures. Sex offenders generally must register for 10 years after their release from prison, though some must register for life.

[Updated] Here is a copy of the 11-page complaint, posted by the ILB.

[Updated 4/4/08] The Star this morning has an expanded report, including:

Starting July 1, it will require sex offenders enrolling in the state's public registry to submit e-mail addresses and user names for instant messaging, chat rooms and social networking sites.

Offenders who provide that information must sign a consent form allowing searches of their computers or other Internet-enabled devices at any time. Also, they must install software that monitors their Internet activity at their expense.

Such restrictions already are used as conditions of probation. The ACLU is challenging their use for sex offenders who still must register but have finished serving parole or probation.

"It seems to be, in our estimation, a pretty clear violation of the Fourth Amendment when you're not on parole or probation," said Ken Falk, the ACLU of Indiana's legal director.

Posted by Marcia Oddi on April 3, 2008 04:34 PM
Posted to Ind Fed D.Ct. Decisions