State Information Wiki

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//While we strive to be as accurate and complete as possible, our researchers are not attorneys, and state laws are often full of nuances and gaps. Legal challenges in some states have resulted in different registration requirements based on the year of conviction or first registration. **Users must accept all risks **associated with actions taken based on this information. **Please help us improve **by reporting any errors or omissions via our form at **[[https://narsol.org/wiki-response/|https://narsol.org/wiki-response/]]** //

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To navigate to the legislation click on any of the legislative links below, select from the year drop down the latest "20xx Code", and manually in the code search input the Title, Art., Chap., and Sec.

===== Indiana Laws Regarding Registration =====

=== Who must register? ===

11-8-8-4.5\\
[[https://iga.in.gov/legislative/laws/2017/ic/titles/011#11-8-8-4.5|https://iga.in.gov/legislative/laws/2017/ic/titles/011#11-8-8-4.5]]\\
11-8-8-7\\
[[https://iga.in.gov/legislative/laws/2017/ic/titles/011#11-8-8-7|https://iga.in.gov/legislative/laws/2017/ic/titles/011#11-8-8-7]]

=== What information must registrants provide? ===

11-8-8-8\\
[[https://iga.in.gov/legislative/laws/2017/ic/titles/011#11-8-8-8|https://iga.in.gov/legislative/laws/2017/ic/titles/011#11-8-8-8]]

=== How frequently must they register? And for how long? ===

Quarterly (SVP)/yearly IC 11-8-8-4\\
[[https://iga.in.gov/legislative/laws/2017/ic/titles/011#11-8-8-14|https://iga.in.gov/legislative/laws/2017/ic/titles/011#11-8-8-14]]\\
Ten years/life(SVP) IC11-8-8-19\\
[[https://iga.in.gov/legislative/laws/2017/ic/titles/011#11-8-8-19|https://iga.in.gov/legislative/laws/2017/ic/titles/011#11-8-8-19]]

=== Does the state categorize registrants by levels/tiers? ===

While there is no per se a "tier" system, Those classified as SVP, Offenders against children, and Serious Sex Offenders are required to register every 90 days for life.

=== Does the state use risk assessment when assigning tiers or levels to registrants? ===
 <font 14px/Arial, sans-serif;;initial;;#ffffff>No, not directly. IDOC generally classifies registrants based on their understanding of the law when they are released from IDOC. If they have served a prison term, otherwise classifications are generally made by registering officers per their understanding of the law.</font>
 <font 14px/Arial, sans-serif;;initial;;#ffffff>In 2012 (?) the definition of SVP "Sexually Violent Predator" was expanded from an evidence based designation to an offense based designation. And the additional designations of "Offender Against Children" and "Serious Sex Offender" were introduced. Which impose additional registration requirements and frequency.</font>

IC 35-38-1-7.5Sexually violent predators\\
[[https://iga.in.gov/laws/2017/ic/titles/35#35-38-1-7.5|https://iga.in.gov/laws/2017/ic/titles/35#35-38-1-7.5]]

=== Do any registrants remain privately registered? If so, who? ===

No.

=== Is there a registration fee? ===

Yes, in some counties. The fee structure must be approved by individual counties.\\
By county, up to $50 annually. Address change fee of $5 per change.\\
IC 36-2-13-5.6\\
[[https://iga.in.gov/legislative/laws/2017/ic/titles/036#36-2-13-5.6|https://iga.in.gov/legislative/laws/2017/ic/titles/036#36-2-13-5.6]]

=== Are there special restrictions for registrants even after supervision? ===

May not change name except through marriage and then must re-register the new name IC 11-8-8- 16\\
[[https://iga.in.gov/legislative/laws/2017/ic/titles/011#11-8-8-16|https://iga.in.gov/legislative/laws/2017/ic/titles/011#11-8-8-16]]\\
Employment near children 35-42-4-10\\
[[https://iga.in.gov/legislative/laws/2017/ic/titles/035#35-42-4-10|https://iga.in.gov/legislative/laws/2017/ic/titles/035#35-42-4-10]]\\
Residency 35-42-4-11 [[https://iga.in.gov/legislative/laws/2017/ic/titles/035#35-42-4-11|https://iga.in.gov/legislative/laws/2017/ic/titles/035#35-42-4-11]]\\
School property by serious offender 35-42-4-13\\
[[https://iga.in.gov/legislative/laws/2017/ic/titles/035#35-42-4-13|https://iga.in.gov/legislative/laws/2017/ic/titles/035#35-42-4-13]]\\
Registration fee IC 36-2-13-5.6\\
[[https://iga.in.gov/legislative/laws/2017/ic/titles/036#36-2-13-5.6|https://iga.in.gov/legislative/laws/2017/ic/titles/036#36-2-13-5.6]]

=== Is there a process for removal from the registry? If so, who qualifies and what is the process? ===

Yes, but it only allows individuals to petition for removal from the registry—or for reduced registration requirements—if a change in law **after June 30, 2007** means their conduct would no longer require registration or would require it under less restrictive conditions, including but not limited to claims of ex post facto punishment.\\
I.C. 11-8-8-22 Procedure for retroactive application of ameliorative statutes\\
[[http://iga.in.gov/legislative/laws/2017/ic/titles/011#11-8-8-22|http://iga.in.gov/legislative/laws/2017/ic/titles/011#11-8-8-22]]

=== What is the registration requirement for someone with a sexual offense who is visiting the state? ===

Present as much as 7 out of 180 days or owns property there and returns at any time IC 11-8-8-7\\
[[https://iga.in.gov/legislative/laws/2017/ic/titles/011#11-8-8-7|https://iga.in.gov/legislative/laws/2017/ic/titles/011#11-8-8-7]]

Additionally if you work in the state, or volunteer regularly for more than 3 consecutive days or 14 days in a 180 day period you must register that/those location/s.

=== What is the registration requirement for someone with a sexual offense who will be moving to the state to live or to attend school? ===

Present more than 15 days in a calendar year IC 11-8-8-7\\
[[https://iga.in.gov/legislative/laws/2017/ic/titles/011#11-8-8-7|https://iga.in.gov/legislative/laws/2017/ic/titles/011#11-8-8-7]]


===== State Laws Regarding Sexual Offenses and Offenders, other than registration =====

=== What sexual offenses can people be convicted of, and what are the ranges of sentences? ===

35-42-4-1 – 4-9\\
[[https://iga.in.gov/legislative/laws/2017/ic/titles/035#35-42-4-1|https://iga.in.gov/legislative/laws/2017/ic/titles/035#35-42-4-1]]\\
35-45-4-1 – 4-6\\
[[https://iga.in.gov/legislative/laws/2017/ic/titles/035#35-45-4|https://iga.in.gov/legislative/laws/2017/ic/titles/035#35-45-4]]\\
35-49-3-1 – 3-4\\
[[https://iga.in.gov/legislative/laws/2017/ic/titles/035#35-49-3|https://iga.in.gov/legislative/laws/2017/ic/titles/035#35-49-3]]

=== Does the state have lifetime supervision? ===

Yes, all sexually violent predators convicted after a certain date (as defined in IC 35-38-1-7.5) have lifetime parole and must wear a monitoring device.\\
However, monitoring is subjective and equipment frequently limited.\\
I.C. 35-50-6-1(e)(1)\\
[[http://iga.in.gov/static-documents/2/1/0/a/210a0b3d/TITLE35_AR50_ch6.pdf|http://iga.in.gov/static-documents/2/1/0/a/210a0b3d/TITLE35_AR50_ch6.pdf]]\\
I.C. 35-38-1-7.5 Sexually violent predators\\
[[http://iga.in.gov/static-documents/1/6/4/5/164563c6/TITLE35_AR38_ch1.pdf|http://iga.in.gov/static-documents/1/6/4/5/164563c6/TITLE35_AR38_ch1.pdf]]

=== Does the state have indeterminate sentencing? ===

No.

=== What are the general rules and regulations about probation, parole, and conditional release? Note: county supervision conditions may differ from county to county and from the state level. ===

35-38-2-2.3\\
[[https://iga.in.gov/laws/2017/ic/titles/35#35-38-2-2.3|https://iga.in.gov/laws/2017/ic/titles/35#35-38-2-2.3]]

=== What are the state civil commitment laws? ===

There are non directly associated with sex offenders, but because pedophilia is considered a mental illness the following applies:\\
IC 12-26-1 Civil Commitment\\
IC 12-26-7-5 Civil Commitment - Mentally ill (this includes pedophilia)\\
[[http://iga.in.gov/legislative/laws/2017/ic/titles/012#12-26|http://iga.in.gov/legislative/laws/2017/ic/titles/012#12-26]]

=== What is the age of consent? ===

Age 16 35-42-4-3(d)\\
[[http://iga.in.gov/legislative/laws/2017/ic/titles/035#35-42-4-3|http://iga.in.gov/legislative/laws/2017/ic/titles/035#35-42-4-3]]

However, many sexual offenses are applicable to acts committed by someone over 18 on someone under 18. (Not 16)

=== Are there “Romeo and Juliet” laws or other laws specific to young people? ===

35-42-4-6\\
[[http://iga.in.gov/legislative/laws/2017/ic/titles/035#35-42-4-6|http://iga.in.gov/legislative/laws/2017/ic/titles/035#35-42-4-6]]


===== Info for State Advocates =====

=== Are felons allowed to vote? If so, when is this right restored? ===

Voter Bill of Rights\\
[[https://www.in.gov/sos/elections/voter-information/voters-rights/indiana-voters-bill-of-rights/|https://www.in.gov/sos/elections/voter-information/voters-rights/indiana-voters-bill-of-rights/]]\\
Restorable after release from prison, can be done at BMV when obtaining a DL.

=== What does the state say about persons who are required to register? ===

[[https://www.in.gov/idoc/3285.htm|https://www.in.gov/idoc/3285.htm ]]

=== How does the state’s legislative process work? ===

[[https://iga.in.gov/information/bill_becomes_law/|https://iga.in.gov/information/bill_becomes_law/]]\\
[[https://iga.in.gov/faqs/|https://iga.in.gov/faqs/]]

=== How can I locate legislation regarding sexual offense issues? ===

On this page, click “bills” tab in top right search area. Click on the search field and enter a search term or bill number.\\
[[https://iga.in.gov/|https://iga.in.gov/]]

=== Best keywords are: ===

Sex; sexual assault; sex offender; violent offender

=== How to sign up for notifications of bill movement: ===

Paid service\\
[[http://www.hannahnews.com/features/legislation-bill-tracking-service/|http://www.hannahnews.com/features/legislation-bill-tracking-service/]]\\
[[https://www.chamberbloomington.org/|https://www.chamberbloomington.org/]]

=== Most important legislative committees for our issues are: ===

Senate Corrections and Criminal Law\\
[[https://iga.in.gov/legislative/2018/committees/corrections_and_criminal_law_3000|https://iga.in.gov/legislative/2018/committees/corrections_and_criminal_law_3000]]\\
Senate Judiciary\\
[[https://iga.in.gov/legislative/2018/committees/judiciary_4200|https://iga.in.gov/legislative/2018/committees/judiciary_4200]]\\
House Courts and Criminal Code\\
[[https://iga.in.gov/legislative/2018/committees/courts_and_criminal_code_0300|https://iga.in.gov/legislative/2018/committees/courts_and_criminal_code_0300]]\\
House Judiciary\\
[[https://iga.in.gov/legislative/2018/committees/judiciary_1200|https://iga.in.gov/legislative/2018/committees/judiciary_1200]]

=== Contact info for state legislators can be found at: ===

Lists are found under their committees. When on a committee page, click the + at the end of ‘Bills assigned to this committee’ and all members names will be listed; clicking on a name gives his or her full page.

===== Other Useful State Information =====

=== Contact information for state registry office ===

Indiana Sheriff's Association\\
Phone: (800) 622-4779\\
(317) 356-3633\\
Fax: (317) 356-3996\\
147 E Maryland St.\\
Indianapolis, IN 46204-3608

[[http://sheriffalerts.com/cap_office_disclaimer.php?office=54663&fwd=aHR0cDovL3d3dy5jb21tdW5pdHlub3RpZmljYXRpb24uY29tL2NhcF9jb250YWN0LnBocD9vZmZpY2U9NTQ2NjM=|http://sheriffalerts.com/cap_office_disclaimer.php?office=54663&fwd=aHR0cDovL3d3dy5jb21tdW5pdHlub3RpZmljYXRpb24uY29tL2NhcF9jb250YWN0LnBocD9vZmZpY2U9NTQ2NjM= ]]

=== NARSOL state affiliate website or blog: ===

Indiana Voices\\
PO Box 66\\
Syracuse, IN 46567-0066\\
317-662-0250\\
[[http://indianarsol@gmail.com|http://indianarsol@gmail.com]]\\
[[http://indianavoices.org/|http://indianavoices.org/]]

=== Other helpful state advocacy groups: ===

Indiana CURE\\
[[http://indianacure@gmail.com|http://indianacure@gmail.com]]\\
[[https://www.indianacure.org/|https://www.indianacure.org/]]

=== Other registrant-friendly state support groups: ===

Reform Alliance of Indiana\\
Contact Maranda Williams\\
[[http://maranda@reformalliance.com|http://maranda@reformalliance.com]]

=== Other helpful information ===

[[http://www.sexoffenderresource.com/indiana/|http://www.sexoffenderresource.com/indiana/]]