IN: Out-of-state registration requirement does not violate ex post facto
An Indiana appellate court has decided that requiring an individual with an out of state conviction who moves to Indiana to register as a sex offender, even when the registry didn’t exist in Indiana or in the state of conviction, does not violate Indiana’s Ex Post Facto constitutional prohibition.
The court analyzed whether the Legislature’s intent was to create a civil, non-punitive regulatory scheme, then considered seven factors to ascertain whether the registration requirement was so punitive as to transform it into a criminal penalty. They found that it was not.
You can read the opinion here: https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=xPxjpsq5FraaH0Y9Mu5xmXGsYIxuEk9u0am-OIs0rrHSatATI_uIfqp_WNPc-1SY0
What part of the Twilight Zone are they from in Indiana. Not punitive? Another State in denial!
If it’s not punishment, why do people plea to a charge that does not trigger a registry offense? I mean it’s only a civil regulatory scheme, it’s not like navigating a minefield every day and trying to figure out each state statute, county law and city municipal codes that you need to understand in order to see if you are allowed to be in their “public area”. It’s punishment plain and simple. It should fail the first part of the test therefore nullify the courts argument.
If the registry is non-punitive, then the state can not use it to restrict one’s life…right? I respect those who have the responsibility of a judgeship but, there are times that some judges need to get their heads out of the ‘up and locked’ position. Their judgments are not based on constitutional law, but on an effort to support public ignorance of a subject.
Another no surprise outcome. I have nothing further to say.
So let me understand this ruling: if you have a conviction from another state, say Florida, and move to Indiana, the court ruled that you still have to register in Indiana. Is that right? Well no kidding. My conviction id from Illinois and since them I’ve lived in Missouri, Minnesota, Florida, and no Arkansas. And of course I’ve had to register in all of those states.
Cant blame the person for trying though.
It seems that Appellate Courts in Indiana are not very bright. But they can be vindictive.
In my opinion if all these issues are Civil in natire everything should be fined based! How can you have criminal penalties for ANYTHING related to SO and say its not Punitive!!!! Jesus Courts wakr up
you made a nice point there.. Can we get this into the Ex post facto motion we have in court now? that is a good argument.. if they insist is not punitive and just a civil commitment or remedy, then why the penalty is criminal? it should be a civil penalty like getting a ticket. Can someone shed light on this?
Thanks
I agree if it’s non primitive in nature and not punishment why is it in the criminal division and treated as a crime if the legislators intent for the registry not to be primitive or punishment then why enforce it in the criminal court and call it not punishment? Criminal court are for punishing someone for a criminal act period. If the registry is so benign and not causing any problems as they believe then why not let a different department handle this non primitive piece of legislation that is not punishment
TO: Just asking
Because the gods(they think they are) in the courts are like our parents when we were kids. We would ask our parents if we could go down and play at Jimmy’s house and they would say no. When we asked why, the answer was not an answer at all. They would say “Because I SAID so!”
This is the same mentality with Some judges, the power goes to their head and it simply just does not matter if it is punishment, if they rule it is not, then good luck getting that reversed. If the supreme court State or Federal wants to say an apple is not a fruit but a vegetable, the dictionary will have to be updated.
I do not want to put words in anyone’s mouth, but they know it is punishment. In fact by telling us it is NOT punishment, is punishment in and of itself. It means many of us will be on the registry for life even if there was no registry when we were arrested or sentenced.
Judges in general see us as pariah, the lowest of the low. In my opinion, they would give a known terrorist a break before us. EVERYTHING to these certain judges is non punitive to them. If it is not punishment, how does a non punitive sanction IE: the registry, send us to prison for possibly longer than our original crime/sentence, for a minor registry violation?
I have seen people on this forum state they missed registration by one day because the registration office was closed and they are sentenced harshly. And when people shoot bullets into our homes, not because we have a felony record, but because we are on the registry, nextdoor and other shame lists.
My advice, if you ever get off the registry, do not move from that state as many have been added back on when they moved somewhere else. Take the win and don’t tempt fate.
The justice department should be held liable for this.they are implementing a non primitive non punishment piece of legislation that it’s not punishment by the legislators on admission .they said it was not intended to be punishment but the DOJ has made it 🤔 umm