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If you have any questions please contact: Bilingual Services Program at About Megan's Law. About Sex Offenders. The duty was triggered by release from prison after serving the sex offense sentence, whether by expiration of the sentence, or by parole or by probation upon the offense. In an amendment contained the requirement that the registration occur no later than seven days from release from penal custody, or parole, or probation. Again, this indicates no requirement for registration during the time the offender is serving his executed sentence for the underlying criminal sexual offense.
Under the basic statutory scheme, because the required registration was to be made to a local law enforcement agency, under a amendment the county sheriff or the police chief of a consolidated city became required to notify the Indiana Criminal Justice Institute the Institute of each registration by sending a copy of the registration to the Institute.
An amendment in required county sheriffs and consolidated city police chiefs to send copies of each registration to the Indiana Department of Correction the Department for inclusion in an automated victim notification system under I. We do not perceive that the central registry maintained by the Indiana Sheriffs' Association the Association abolishes or in any way limits the central registry maintained by the Institute and, as of , by the Department. It may well be, and we assume, that central registries are maintained by multiple state-wide agencies, including the three mentioned above. The department shall forward the sex offender's registration information to the local law enforcement authority of every county in which the sex offender is required to register.
This new provision appears to contemplate registration of a sex offender before he takes up residency, employment or education in a particular county or counties. It also appears that the duty to register occurs with the conviction and with incarceration with the Department for the very offense enumerated in the Act itself. Registration is therefore not triggered by the presence of the offender in an Indiana community following release from custody but is triggered by conviction for the offense itself.
We do not construe the provision to contemplate a registration requirement with the Department for a person who, though a sex offender for a prior conviction and having been released from incarceration, or placed on parole or probation, is committed anew to the Department for a totally unrelated crime. If the offender, however, violates his parole or probation upon the original sex offense and is re-incarcerated to serve time for the original offense, a new duty to register might be required.
Suffice it to say that we are called upon to decide in what forum or forums a petitioner may seek Wallace relief. As a preliminary matter, we consider whether Brogan's claim is proper for our determination. Rene v. Reed, N. Chemical Waste Management, Incorporated, N. Brogan, who is incarcerated with the Department, although not upon the sex offense convictions, asked the trial court to immediately relieve him from the requirements imposed by the Act, and his claim is ripe for two reasons.
First, Brogan is obligated to register with the Department as a sex offender before his release from incarceration. See I. Second, the State concedes that Brogan is incarcerated for a conviction from Huntington County for failure to register as a sex offender. Therefore, Brogan's claim is based on present, ongoing alleged harm, not abstract possibilities, and his appeal is fit for consideration on the merits. That statute provides for a petition by a sex offender to have his name removed from the designation as a sex offender so as to relieve him from the duty to register as a sex offender.
This provision contemplates removal of the person's name from any sexual offender registry, whether in a particular locality or in a centrally maintained registry. Furthermore, the provision, as recently amended, effective March 24, , explicitly authorizes an offender to raise an ex post facto claim in a petition to be relieved of the obligation to register as a sex offender.
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Turning to the case before us, a crucial issue is whether the trial court properly determined that it lacked jurisdiction to order Brogan's name removed from the sex offender registry. When jurisdictional facts are not in dispute, the question of whether a lower court had jurisdiction is reviewed de novo. Phares v.
With regard to the precise issue as to the particular Indiana forum or forums available for the granting of relief, the State contends that the Noble Superior Court lacks jurisdiction. It is argued that the court lost jurisdiction more than fifteen years ago when it entered its final judgment of conviction on November 14, Given the recency of the Wallace decision and the absence of a charted path in that case, it is not surprising that Brogan sought relief in Noble County.
It was in that county that he was convicted of crimes which triggered a putative duty to register. Nevertheless, it is equally unsurprising that given the procedural posture of the case, the Noble Superior Court reached the conclusion quoted earlier in dismissing Brogan's Motion.
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In this case, Brogan filed his Motion under his original criminal cause number. However, Brogan does not dispute the trial court's determination that the original sentencing order did not require him to register as a sex offender. Brogan also does not dispute that he has served the sentence for his child molestation convictions.
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