All Persons Registering Pursuant to the Indianan Sex Offender Registry
Indiana has adopted a procedure that allows you to file a formal complaint about changes made to the Sex and Violent Offender Registry entry about you, or about a refusal to make changes that you request to the Registry. The procedure allows you to file an appeal if your complaint is denied, but it has a number of rules that you must follow in order to preserve your rights to complain and to appeal.
- If you file a formal complaint in the proper manner with the local official who maintains the Registry, and if that official does not respond to you within 30 days, you may ask the Indiana Department of Correction to review your complaint. The rules provide, however, that after the 30th day with no response from the local official, you must submit your request to the Department within 7 days. If you wait longer than 7 days, it will be too late and you will lose the right to have the Department of Correction consider any and all the issues raised in your complaint.
- If you are prohibited by law, by rule, or by court order from visiting the web site of the Department of Correction and the Registry web site, you may request this office make one complete copy of the procedure for you for the same cost as the office charges for other, similar copies.
View Procedure for Non-Incarcerated Individuals
Violent Offenders who Committed Their Offenses in Indiana Prior to July 1, 2007
The violent offender law requiring registration and a registry of violent offenders is unconstitutionally retroactive under the Indiana Constitution as applied to violent offenders who committed their offenses in Indiana before the date the law went into effect, July 1, 2007, except insofar as the persons are required to register as a current condition of probation or parole.
If you have been classified as violent offender as a result of committing the offense in Indiana prior to July 1, 2007, and you are not currently required to register as a condition of probation or parole, the Indiana Department of Correction has been ordered to remove your name and all information concerning you from the sex and violent offender registry, unless you are convicted of other offenses that allow you to be currently classified as a sex or violent offender. This will be done automatically unless the Department of Correction cannot determine when the person committed the offense or whether he or she is required to register as a condition of probation or parole. If this occurs, the individual will receive a notice at his or her last known address with instructions as to how to contact the Indiana Department of Correction.
And, if you are in the above category, the Sheriff of your county (in Indianapolis, the Indianapolis Metropolitan Police Department) has been ordered to cease imposing any registration requirements on persons classified as violent offenders as a result of committing the offense prior to July 1, 2007, unless the person has committed other offenses that allow the person to be currently classified as a sex or violent offender. Additionally, the Sheriff (in Indianapolis, the Indianapolis Metropolitan Police Department) and the local Prosecutor have been ordered not to arrest or prosecute any persons in the above category for failing to register as a violent offender unless, the persons are required to register for another offense.
If you have questions about this Judgement you may contact the Indiana Department of Correction at:
Brent Myers, Director, Registration and Victim Services
Indiana Department of Correction
302 W. Washington St., Room E329
Indianapolis, IN 46204
or you may contact the attorneys who represent the plaintiffs in this case:
Kenneth J. Falk and Gavin M. Rose
ACLU of Indiana
1031 E. Washington St.
Indianapolis, Indiana. 46202.