GIS Tools for Managing Indiana

State Sex Offenders

Brent MyersChristine KerlChuck Carufel

This Session is a Brainstorming Activity

• Try to see the ‘big picture’

• Be creative

• Ask questions

• Ask for clarification

• Listen to the Panel Discussion

• Make suggestions (I’m taking notes)

Agenda

• The ‘skinny’ on IC 35-42-4-11, where convicted sex offenders cannot live in Indiana – Brent Myers

• Identify the issues posed to probation officers. – Christine Kerl

• Review Marion County’s GIS sex offender 'address verification' solution – Chuck Carufel

Sex Offender Residency in

Indiana

Brent Myers

Indiana Code 35-42-4-11, 11-13-3-4, 35-38-2-2.2,

and 35-38-2-2.5

Indiana Department of Correction, February 2008

Sex and Violent Offender Registration and the Registry

Started July 1, 1994 – Sex Offender Registry

Modified significantly over the years with major revisions in 2001, 2003, 2006, and 2007

Adam Walsh Child Protection and Safety Act

Children who have influenced registration / registry– Jacob Wetterling– Megan Kanka– Zachary Snyder

Indiana Sex and Violent Offender Registry

Who Is Required To Register (IC 11-8-8-5)?Adults and Juveniles Convicted As Adults

Rape Vicarious Sexual Gratification Child Molesting Incest Child Solicitation

Child Exploitation Child Seduction Sexual Battery Criminal Deviate Conduct

Possession of Child Pornography Sexual Misconduct with a Minor {A,B,C* Felony}

Kidnapping {victim < 18, not parent/guardian}Criminal Confinement {victim < 18, not parent/guardian}

Promoting Prostitution Human Trafficking Sexual TraffickingMurder Voluntary Manslaughter

Attempt or Conspiracy to Commit ANY of the aboveA Crime Under the Laws in Other Jurisdictions (including Military)

that are EQUIVALENT to ANY of the above

Registration of Juveniles Adjudicated as Delinquents (IC 11-8-8-5b)

14 years of age or older Commit offense that is similar to an adult

registration offense Released from incarceration or placed on

supervision Found by a court by clear and convincing

evidence to be likely to repeat an act that would be a similar act as that of an adult

In making determination…court shall consider expert testimony

Who is a Sexually Violent Predator?(IC 35-38-1-7.5)

Rape Criminal Deviant

Conduct Child Molesting (A &

B Felony)

Vicarious Sexual Gratification

2nd Unrelated Conviction

Determined by Court

By operation of law, only those offenders who were released from incarceration, secure detention, or probation after June 30, 1994

Length of Registration (IC 11-8-8-19)

Lifetime Registration• Sexually Violent Predators• Victim under the age of 12• Caused bodily injury or death, use of force, threat of

force, victim incapable of giving consent

Ten Year registration• Released from Penal Facility• Placed in Community Transition Program, Community

Corrections Program • Placed on Probation or Parole• Whichever occurs last

A person who is required to register as a sex or violent offender in any jurisdiction shall register for the period required by the other jurisdiction or the period described in this section, whichever is longer.

Indiana Code Residency Statutes

IC 35-42-4-11, IC 11-13-3-4,

IC 35-38-2-2.2, and IC 35-38-2-2.5

IC 35-42-4-11(a)Offenders Against Children

“Offender against children” means a person required to register as a sex or violent offender under IC 11-8-8 who has been:– found to be a sexually violent predator under IC 35-38-1-7.5; or – convicted of one (1) or more of the following offenses:

• Child molesting (IC 35-42-4-3)• Child exploitation (IC 35-42-4-4(b))• Child solicitation (IC 35-42-4-6) • Child seduction (IC 35-42-4-7)• Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age

and the person is not the child’s parent or guardian (see IC 11-8-8-22)• Attempt to commit or conspiracy to commit an offense listed above• An offense in another jurisdiction that is substantially similar to an offense

described above

By operation of law, an offender is an offender against children if they are a sexually violent predator or have been convicted of one of the offenses listed above at any time

IC 35-42-4-11(b) and (c) Residency Restrictions

Offenders against children who knowingly or intentionally spend more than 3 nights in a 30 day period

– within 1000 feet of school property (not including property of an institution providing post-secondary education), a youth program center, or a public park

Establish a residence within 1 mile of the victim

Commit a residency offense, a Class D Felony

IC 11-13-3-4(g)(2)Conditions of Parole - Residency

As a condition of parole, the parole board shall:

– (A) require a parolee who is a sex or violent offender (as defined in IC 11-8-8-5) to register with a local law enforcement authority under IC 11-8-8;

– (B) prohibit a parolee who is a sex 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 sex offender obtains written approval from the parole board;

– (C) prohibit a parolee who is a sex 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 sex offender's sex offense unless the sex offender obtains a waiver under IC 35-38-2-2.5; and

– (D) prohibit a parolee who is a sex offender from owning, operating, managing, being employed by, or volunteering at any attraction designed to be primarily enjoyed by children less than sixteen (16) years of age.

The parole board may not grant a sexually violent predator (as defined in IC 35-38-1-7.5) or a sex offender who is an offender against children under IC 35-42-4-11 a waiver under subdivision (B) or (C). If the parole board allows the sex offender to reside within one thousand (1,000) feet of school property under subdivision (B), the parole board shall notify each school within one thousand (1,000) feet of the sex offender's residence of the order.

IC 35-38-2-2.2Conditions of Probation - Residency

As a condition of probation for a sex offender (as defined in IC 11-8-8-4.5), the court shall:

– (1) require the sex offender to register with the local law enforcement authority under IC 11-8-8; and

– (2) prohibit the sex 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 sex offender obtains written approval from the court.

If the court allows the sex 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 sex offender's residence of the order. However, a court may not allow a sex offender who is a sexually violent predator (as defined in IC 35-38-1-7.5) or an offender against children under IC 35-42-4-11 to reside within one thousand (1,000) feet of school property.

IC 35-38-2-2.5Conditions of Probation – Victim Residence

As used in this section, "sex offense" means any of the following:

– Rape (IC 35-42-4-1)– Criminal deviate conduct (IC 35-42-4-2)– Child molesting (IC 35-42-4-3)– Child exploitation (IC 35-42-4-4(b))– Vicarious sexual gratification (IC 35-42-4-5)– Child solicitation (IC 35-42-4-6)– Child seduction (IC 35-42-4-7)– Sexual battery (IC 35-42-4-8)– Sexual misconduct with a minor as a felony (IC 35-42-4-9)– Incest (IC 35-46-1-3)

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.

IC 35-38-2-2.5Conditions of Probation – Victim Residence (continued)

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…

– court, if the offender is placed on probation; or– parole board, if the offender is placed on parole.

The court or parole board may waive the requirement 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…

– the offender has successfully completed a sex offender treatment program during the period of probation or parole;

– the offender is in compliance with all terms of the offender's probation or parole; and– 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.

The court or parole board may not grant a waiver under this subsection if the offender is a sexually violent predator under IC 35-38-1-7.5 or if the offender is an offender against children under IC 35-42-4-11.

– If the court or parole board grants a waiver, 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.

Residency Definitions

School Property

IC 35-41-1-24.7 – “School property" defined

A building or other structure owned or rented by:– A school corporation;– An entity that is required to be licensed under IC 12-17.2 (e.g., daycare or child

care) or IC 31-27 (e.g., child caring institutions, foster family homes, group homes, and child placing agencies);

– A private school that is not supported and maintained by funds realized from the imposition of a tax on property, income, or sales; or

– A federal, state, local, or nonprofit program or service operated to serve, assist, or otherwise benefit children who are at least three (3) years of age and not yet enrolled in kindergarten, including the following:

• A Head Start program under 42 U.S.C. 9831 et seq• A special education preschool program• A developmental child care program for preschool children

The grounds adjacent to and owned or rented in common with a building or other structure described above

Youth Program Centers

IC 35-41-1-29 – “Youth program center" defined

A building or structure that on a regular basis provides recreational, vocational, academic, social, or other programs or services for persons less than eighteen (18) years of age

– The real property on which a building or structure described in subdivision (1) is located

The term does not include school property (as defined in section 24.7 of this chapter)

Public Parks

IC 35-41-1-23.7 – “Public park” defined

Any property operated by a political subdivision for park purposes (as defined in IC 36-10-1-2)

IC 36-10-1-2 “Park purposes”

Sec. 2. "Park purposes" include the establishment, equipment, and operation of parks, boulevards, pleasure drives, parkways, wheelways, park boulevards, bridlepaths, playgrounds, playfields, bathhouses, comfort stations, swimming pools, community centers, recreation centers, other recreational facilities, and recreational programs

Where Can I Find Information on Registration?

www.insor.org

www.in.govIndiana Department of Correction

(317) 232-1232

Marion CountyMarion County

GIS sex offender GIS sex offender 'address verification' 'address verification'

SolutionSolution

Chuck CarufelChuck Carufel

ArchitectureArchitecture

N-Tiered Architecture - N-Tiered Architecture - • Presentation Presentation Portal Portal

• Business Logic Business Logic Web Services Web Services

• Data Data Configuration & Content Configuration & Content

Highly Reusable Components

Flexible, Scalable, Securable

Each tier focuses on what it does best……..

GIS Web-services

Geocode Buffer PolygonAnalysis

MapComponent

PresentationTier

BusinessLogicTier

DataTier

GIS Map Database

Configuration Database

Summarize

• Law could be better/worse

• Interpretation could be better/worse

• Data could be better/worse

• GIS Solutions are being designed

• Sex Offenders must live within the reality of the law we have

Brainstorming Solutions – Next Steps

• How can we make things better?• Better education – starting

today• Better law• Better enforcement• Better interpretation• Better information

• What do you think?