Indiana Code - Criminal Law and Procedure - Title 35, Section 35-38-1-7.5

Findings regarding sexually violent predators

Sec. 7.5. (a) As used in this section, "sexually violent predator"
has the meaning set forth in IC 5-2-12-4.5.
(b) This section applies whenever a court sentences a person for
a sex offense listed in IC 5-2-12-4(a)(1) through IC 5-2-12-4(a)(10)
for which the person is required to register with the sheriff (or the
police chief of a consolidated city) under IC 5-2-12-5.
(c) At the sentencing hearing, the court shall determine whether
the person is a sexually violent predator. Before making a
determination under this section, the court shall consult with a board
of experts consisting of two (2) board certified psychologists or
psychiatrists who have expertise in criminal behavioral disorders.
(d) If the court finds that a person is a sexually violent predator:
(1) the person is required to register with the sheriff (or the
police chief of a consolidated city) as provided in
IC 5-2-12-13(b); and
(2) the court shall send notice of its finding under this
subsection to the criminal justice institute.
(e) A person who is found by a court to be a sexually violent
predator under subsection (c) may petition the court to consider
whether the person is no longer a sexually violent predator. The
person may file a petition under this subsection not earlier than ten
(10) years after the sentencing court makes its finding under
subsection (c). A person may file a petition under this subsection not
more than one (1) time per year. If a court finds that the person is no
longer a sexually violent predator, the court shall send notice to the
Indiana criminal justice institute that the person is no longer
considered a sexually violent predator.

As added by P.L.56-1998, SEC.17. Amended by P.L.1-1999, SEC.77;
P.L.238-2001, SEC.18; P.L.116-2002, SEC.20.

Last modified: May 24, 2006