Residency requirements for certain offenders
Sec. 2.5. (a) As used in this section, "offender" means an
individual convicted of a sex offense.
(b) As used in this section, "sex offense" means any of the
following:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual battery (IC 35-42-4-8).
(9) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
(10) Incest (IC 35-46-1-3).
(c) A condition of remaining on probation or parole after
conviction for a sex offense is that the offender not reside within one
(1) mile of the residence of the victim of the offender's sex offense.
(d) An offender:
(1) who will be placed on probation shall provide the
sentencing court and the probation department with the address
where the offender intends to reside during the period of
probation:
(A) at the time of sentencing if the offender will be placed
on probation without first being incarcerated; or
(B) before the offender's release from incarceration if the
offender will be placed on probation after completing a term
of incarceration; or
(2) who will be placed on parole shall provide the parole board
with the address where the offender intends to reside during the
period of parole.
(e) An offender, while on probation or parole, may not establish
a new residence within one (1) mile of the residence of the victim of
the offender's sex offense unless the offender first obtains a waiver
from the:
(1) court, if the offender is placed on probation; or
(2) parole board, if the offender is placed on parole;
for the change of address under subsection (f).
(f) The court or parole board may waive the requirement set forth
in subsection (c) only if the court or parole board, at a hearing at
which the offender is present and of which the prosecuting attorney
has been notified, determines that:
(1) the offender has successfully completed a sex offender
treatment program during the period of probation or parole;
(2) the offender is in compliance with all terms of the offender's
probation or parole; and
(3) good cause exists to allow the offender to reside within one
(1) mile of the residence of the victim of the offender's sex
offense.
(g) If the court or parole board grants a waiver under subsection
(f), the court or parole board shall state in writing the reasons for
granting the waiver. The court's written statement of its reasons shall
be incorporated into the record.
(h) The address of the victim of the offender's sex offense is
confidential even if the court or parole board grants a waiver under
subsection (f).
As added by P.L.116-2002, SEC.23.
Last modified: May 24, 2006