Introduced Version






HOUSE BILL No. 1074

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 5-2-12; IC 11-13-3-4; IC 35-38-2-2.2.

Synopsis: Sex and violent offenders. Prohibits a sex and violent offender from residing within 1,000 feet of school property while the offender is on probation or parole. Prohibits a sex and violent offender who is required to register for life with the sex offender registry from residing within 1,000 feet of school property.

Effective: July 1, 2005.





Ayres




    January 6, 2005, read first time and referred to Committee on Courts and Criminal Code.







Introduced

First Regular Session 114th General Assembly (2005)


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HOUSE BILL No. 1074



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 5-2-12-9; (05)IN1074.1.1. -->     SECTION 1. IC 5-2-12-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 9. An offender who knowingly or intentionally:
        (1) fails to register under this chapter; or
        (2) fails to complete and submit a new registration form as required under section 8(a) of this chapter; or
        (3) violates section 13.5 of this chapter;

commits a Class D felony. However, the offense is a Class C felony if the offender has a prior unrelated offense under this section.
SOURCE: IC 5-2-12-13.5; (05)IN1074.1.2. -->     SECTION 2. IC 5-2-12-13.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 13.5. A person who is required to register for life under section 13 of this chapter after June 30, 2005, may not reside within one thousand (1,000) feet of school property (as defined in IC 35-41-1-24.7) while the person is required to register under this chapter.
SOURCE: IC 11-13-3-4; (05)IN1074.1.3. -->     SECTION 3. IC 11-13-3-4 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. (a) A condition to remaining on parole is that the parolee not commit a crime during the period of parole.
    (b) The parole board may also adopt, under IC 4-22-2, additional conditions to remaining on parole and require a parolee to satisfy one (1) or more of these conditions. These conditions must be reasonably related to the parolee's successful reintegration into the community and not unduly restrictive of a fundamental right.
    (c) If a person is released on parole, the parolee shall be given a written statement of the conditions of parole. Signed copies of this statement shall be:
        (1) retained by the parolee;
        (2) forwarded to any person charged with the parolee's supervision; and
        (3) placed in the parolee's master file.
    (d) The parole board may modify parole conditions if the parolee receives notice of that action and had ten (10) days after receipt of the notice to express the parolee's views on the proposed modification. This subsection does not apply to modification of parole conditions after a revocation proceeding under section 10 of this chapter.
    (e) As a condition of parole, the parole board may require the parolee to reside in a particular parole area. In determining a parolee's residence requirement, the parole board shall:
        (1) consider:
            (A) the residence of the parolee prior to the parolee's incarceration; and
            (B) the parolee's place of employment; and
        (2) assign the parolee to reside in the county where the parolee resided prior to the parolee's incarceration unless assignment on this basis would be detrimental to the parolee's successful reintegration into the community.
    (f) As a condition of parole, the parole board may require the parolee to:
        (1) periodically undergo a laboratory chemical test (as defined in IC 14-15-8-1) or series of tests to detect and confirm the presence of a controlled substance (as defined in IC 35-48-1-9); and
        (2) have the results of any test under this subsection reported to the parole board by the laboratory.
The parolee is responsible for any charges resulting from a test required under this subsection. However, a person's parole may not be revoked on the basis of the person's inability to pay for a test under this subsection.


    (g) As a condition of parole, the parole board:
        (1) may require a parolee who is a sex and violent offender (as defined in IC 5-2-12-4) to:
            (A) participate in a treatment program for sex offenders approved by the parole board; and
            (B) avoid contact with any person who is less than sixteen (16) years of age unless the parolee:
                (i) receives the parole board's approval; or
                (ii) successfully completes the treatment program referred to in clause (A); and
        (2) shall:
            (A) require a parolee who is an offender (as defined in IC 5-2-12-4) to register with a sheriff (or the police chief of a consolidated city) under IC 5-2-12-5;
            (B) except as provided in IC 5-2-12-13.5, prohibit the offender from residing within one thousand (1,000) feet of school property (as defined in IC 35-41-1-24.7) for the period of parole; unless the offender obtains written approval from the parole board; and
            (C) prohibit a parolee who is an offender convicted of a sex offense (as defined in IC 35-38-2-2.5) from residing within one (1) mile of the victim of the offender's sex offense unless the offender obtains a waiver under IC 35-38-2-2.5.
If the parole board allows the offender to reside within one thousand (1,000) feet of school property under subdivision (2)(B), the parole board shall notify each school within one thousand (1,000) feet of the offender's residence of the order.
    (h) The address of the victim of a parolee who is an offender convicted of a sex offense (as defined in IC 35-38-2-2.5) is confidential, even if the offender obtains a waiver under IC 35-38-2-2.5.
SOURCE: IC 35-38-2-2.2; (05)IN1074.1.4. -->     SECTION 4. IC 35-38-2-2.2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2.2. As a condition of probation for an offender (as defined in IC 5-2-12-4), the court shall:
        (1) require the offender to register with the sheriff (or the police chief of a consolidated city) under IC 5-2-12-5; and
        (2) except as provided in IC 5-2-12-13.5, prohibit the offender from residing within one thousand (1,000) feet of school property (as defined in IC 35-41-1-24.7) for the period of probation. unless the offender obtains written approval from the court.
If the court allows the offender to reside within one thousand (1,000) feet of school property under subdivision (2), the court shall notify each

school within one thousand (1,000) feet of the offender's residence of the order.

SOURCE: ; (05)IN1074.1.5. -->     SECTION 5. [EFFECTIVE JULY 1, 2005] IC 11-13-3-4 and IC 35-38-2-2.2, both as amended by this act, apply only to persons who are required to:
        (1) register under IC 5-2-12-5; or
        (2) submit a new registration form under IC 5-2-12-8;
after June 30, 2005.