INDIANAPOLIS —
A federal court appeals ruling may push state legislators into finding a fix for some long-standing problems with Indiana’s sex and violent offender registry.
On Tuesday, a federal appeals court ruled the state’s registry was unconstitutional because it violated the due process rights of ex-offenders in the registry who have no way to correct mistaken information.
The registry is a publicly accessible database that contains personal information, including the photographs and addresses of sex and violent offenders who live in Indiana.
The case was brought by the American Civil Liberties Union of Indiana for David Lee Schepers, a 50-year-old Pike County man who was convicted of two sex offenses: rape in 1987 and two counts of child exploitation in 2006.
Schepers argued he was mistakenly classified as a “sexually violent predator” by the Indiana Department of Correction, which maintains the registry along with Indiana Sheriff’s Association. Schepers also argued that the registry erroneously lists two rape convictions for him, instead of one.
In its ruling, the appeals noted the DOC allows currently incarcerated sex offenders to challenge pending registry information, but does not give sex offenders who’d already been released from prison the same opportunity.
“The policy provides no process whatsoever to an entire class of registrants — those who are not incarcerated,” and is therefore “constitutionally insufficient,” Circuit Judge Diane Wood wrote for a unanimous three-judge panel.
Ken Falk, legal director of the ACLU of Indiana, told the Reuters news service that he was “very happy” with Tuesday’s decision.
Falk said the state’s sex offender registry is plagued with errors. “There are examples of people who are being labeled as sex offenders who are not, and cannot get their names off the registry,” Falk said. “That is a stigma that follows you forever.”
In making its ruling Tuesday, the appeals court said the state would benefit by developing procedures to correct registry errors: “Erroneously labeling an offender a sexually violent predator imposes unnecessary monitoring costs on state law enforcement and reduces the efficacy of the registry in providing accurate information to the public,” the ruling said.
A legislative summer study committee has already started to take a look at the state’s sex offender registry, prompted in part by concerns that Indiana is out of compliance with a federal law that requires states to adopt strict standards for registering sex offenders and monitoring their whereabouts.
State Rep. Greg Steuerwald, R-Avon, an attorney who chairs the study committee, said Tuesday’s court ruling illustrates the challenges involved in maintaining a registry that provides accurate information to the public about the whereabouts of sex offenders.
“It sounds simple, but it’s extremely complicated,” Steuerwald said.
Another state Rep. Scott Reske, D-Pendleton, who coauthored legislation that created the registry, said the efficiency of the registry is decreased if county sheriff departments, which are responsible for its oversight, aren’t given the proper funds.
“The (Madison County) Sheriff’s Department is strapped. They haven’t been given the adequate financial resources to enforce or ensure its accuracy,” Reske said, who also serves as a reserve sheriff’s deputy.
The state’s sex offender registry has been plagued by issues of inaccuracy and other problems.
In 2009, the state Supreme Court ruled in favor of a sex offender who argued that he shouldn’t be required to register as a sex offender because he committed his crime before the registry was created in 1994.
That ruling applied to hundreds of other offenders whose names were added to the registry retroactively, but county sheriffs have interpreted the ruling differently. Some of those offenders’ names were removed, while others remain on the registry but are no longer required to report where they live. That means old addresses remain on the registry, with no indication if the offender still lives there — or if someone else now lives at that address.
Maureen Hayden covers the Statehouse for the CNHI newspapers in Indiana. She can be reached at maureen.hayden@indianamediagroup.com.
State News
Court rules state sex offender registry unconstitutional
- State News
-
-
Court lets walk-out fines against House Democrats stand
INDIANAPOLIS — House Democrats who had to pay more than $100,000 in fines after they walked out of the Indiana Statehouse won’t get the help they sought from the Indiana Supreme Court.
-
Prison sentence of 12-year-old prompts new juvenile sentencing law
Three years ago, when 12-year-old Paul Henry Gingerich became the youngest person in Indiana ever sent to prison as an adult, his story gained international attention and sparked questions about whether children belong behind bars with grown-up offenders.
-
Ritz orders independent analysis of ISTEP results
Indiana Superintendent of Public Instruction Glenda Ritz has hired an outside expert to determine the validity of ISTEP+ test scores of nearly 80,000 students who were kicked offline while taking the high-stakes standardized test.
-
State Education Department hires third party to validate ISTEP+ data
Indiana schools’ chief Glenda Ritz announced today that she’s hiring an outsider reviewer to determine whether the computer problems experienced by students during ISTEP+ test-taking should invalidate the test results.
-
State to lift decades-old ban on switchblades
For more than a half-century, the only legal access that most Hoosiers had to switchblades was viewing them in the hands of youthful hoodlums in movies such as “West Side Story” and “Rebel Without a Cause.” That's soon to end.
-
New law legalizes midwifery in Indiana
A new law that legalizes midwifery in Indiana has been a long time coming for women like Mary Ann Griffin, a certified professional midwife and advocate of home births.
-
High Court stays out of Indiana Planned Parenthood funding case
WASHINGTON — The Supreme Court will not disturb a lower court ruling that blocks Indiana’s effort to strip Medicaid funds from Planned Parenthood because the organization performs abortions among its medical services.
-
State won’t use free lunch program as poverty indicator
Indiana is changing the way it counts low-income students in public schools because Republican legislators suspect fraud in the federal school-lunch program used to measure poverty.
-
Report: State is both ‘leader and laggard’
A newly released report card on where Indiana ranks nationally in key economic measures shows the state is both “a leader and a laggard” in areas that signal potential for more prosperity.
-
Indiana’s high school grad rate continues upward
Indiana’s reported high school graduation rate continues to improve, moving from 77 percent to more than 88 percent in less than a decade, but there are still significant achievement gaps marked by race and income.
-
Schools chief Ritz on fast learning curve
For many occupants of the Indiana Statehouse, the week after the General Assembly wraps up its final frenzy of work is a quiet one. But not for Glenda Ritz.
-
SLIDESHOW: Governor Otis R. Bowen
Photos from the Indiana State Archives of the late Otis R. Bowen, who served as governor of the state as well as in the Ronald Reagan White House. The Bremen native died Saturday
-
Out of office, Lugar shuns retirement
One year ago, Indiana’s longest serving U.S. senator was rejected by Republican primary voters and forced into an unwelcome retirement from a distinguished political career that spanned 46 years. But at 81, former U.S. Sen. Richard Lugar is hardly in a resting mode.
-
Lugar wary of Syria involvement
Former U.S. Sen. Richard Lugar has been out of office since early January, but he’s still being sought after for his opinion about foreign policy matters he once helped shape.
-
Judge grants class status to lawsuit again BMV
INDIANAPOLIS — As many as 4 million Indiana drivers could become plaintiffs in a lawsuit alleging the Indiana Bureau of Motor Vehicles has overcharged for driver’s licenses since 2007.
-
Budget deal includes little funding for criminal code reform
Facing the end-of-session deadline, Indiana legislators moved forward on a bill to overhaul the state’s criminal sentencing laws but left undone the issue of where local communities will get the money to implement it.
-
Legislators closing in on final budget
In his first four months as the chief budget maker in the Indiana House, Republican Rep. Tim Brown hasn’t been surprised by the long hours, multiple demands and intense debate that goes with crafting a $30 billion spending plan.
-
New poll shows voters tepid on Pence tax plan
With just days to go before the deadline for a final budget bill, a new independent poll shows Republican Gov. Mike Pence may not have gotten much mileage for his travels around the state pitching his 10 percent tax cut plan.
-
DOC hopes ‘cold case’ cards lead to solved cases
Indiana state prison officials are using customized playing cards for a deadly serious purpose: To help unlock the mysteries of unsolved murders and persons gone missing.
-
Indiana attorney general says Congress must act on immigration reform
Amidst concerns that the Boston Marathon bombing may derail federal action on comprehensive immigration reform, Indiana Attorney General Greg Zoeller is turning up some collective heat on Congress to move ahead.
-
Disagreements stall criminal code reform bill
Negotiations over the final language in a bill that rewrites Indiana’s criminal code may come down to the last week of the legislative session.
-
Budget forecasters predict bigger drop in gaming revenues
While a gaming bill is still in play in the General Assembly, state budget forecasters are predicting the payoff to the state from legalized gambling will be even lower than they thought.
-
Legislature heads into final stretch
The Indiana General Assembly has slogged its way through hundreds of bills since convening in January but in some critical ways, the real work has just begun.
-
Criminal records bill passes Indiana Senate
Legislation that would allow some people with long-ago arrests and convictions in Indiana to wipe clean their criminal record has moved one step closer to the governor’s desk.
-
Court challenge likely for welfare drug-testing bill
Both chambers of the Indiana General Assembly have passed a bill that ties drug testing to welfare benefits, but if signed into law, the next debate may be on the question: Is it constitutional?
-
Push to roll back ban on in-state tuition for immigrants stops short
House Republicans who wanted to roll back a two-year-old ban on in-state tuition for the children of undocumented immigrants have abandoned their plan to expand a Senate bill covering a much smaller group of students.
-
House committee OKs in-state tuition for some undocumented students
The debate over in-state college tuition for the children of undocumented immigrants is headed for the Indiana House.
-
Legislators working on funding plan for criminal code rewrite
As legislation that overhauls Indiana’s criminal code moves forward, supporters of the bill are working on finding funding for local communities to implement it.
-
Republican super PAC leader backs immigration reform
As the politics of immigration reform heats up in the Statehouse and Congress, a prominent Republican is ramping up his efforts to rid the influence of what he calls anti-immigrant “extremists” in his party.
-
House considers bill to shorten school day
Legislation that would have freed the state’s high-performing schools from the mandatory 180-day school year has been amended in the House with a provision to shorten the school day instead.
- More State News Headlines
-




