§ 11-13-6-5.5 — Victim notification upon release of sex offender

Indiana § 11-13-6-5.5

• Jurisdiction: Indiana
• Art. 13: PROBATION AND PAROLE
• Ch. 6: Parole and Discharge of Delinquent Offenders

Text

5. (a) This section shall not be construed to
limit victims' rights granted by IC 35-40 or any other law.
(b) As used in this section, "sex offense" refers to a sex offense
described in IC 11-8-8-5.
(c) As used in this section, "victim" means a person who has
suffered direct harm as a result of a delinquent act that would be a sex
offense if the delinquent offender were an adult. The term includes a
victim's representative appointed under IC 35-40-13.
(d) Unless a victim has requested in writing not to be notified, the
department shall notify the victim involved in the adjudication of a
delinquent offender committed to the department for a sex offense of
the delinquent offender's:
(1) discharge from the department of correction;
(2) release from the department of correction under any temporary
release program administered by the department;
(3) release on parole;
(4) parole release hearing under this chapter;
(5) parole violation hearing under this chapter; or
(6) escape from commitment to the department of correction.
(e) The department shall make the notification required under
subsection (d):
(1) at least forty (40) days before a discharge, release, or hearing
occurs; and
(2) not later than twenty-four (24) hours after the escape of a
delinquent offender from commitment to the department of
correction.
The department shall supply the information to a victim at the address
supplied to the department by the victim. A victim is responsible for
supplying the department with any change of address or telephone
number of the victim.
(f) The probation officer preparing the predispositional report under
IC 31-37-17 shall inform the victim before the predispositional report
is prepared of the right of the victim to receive notification from the
department under subsection (d). The probation department shall
forward the most recent list of the addresses or telephone numbers, or
both, of victims to the department. The probation department shall
supply the department with the information required by this section as
soon as possible but not later than five (5) days after the receipt of the
information. A victim is responsible for supplying the department with
the correct address and telephone number of the victim.
(g) Notwithstanding IC 11-8-5-2 and IC 4-1-6, a delinquent offender
may not have access to the name and address of a victim. Upon the
filing of a motion by a person requesting or objecting to the release of
victim information or representative information, or both, that is
retained by the department, the court shall review in camera the
information that is the subject of the motion before ruling on the
motion.
(h) The notice required under subsection (d) must specify whether
the delinquent offender is being discharged, is being released under a
temporary release program administered by the department, is being
released on parole, is having a parole release hearing, is having a
parole violation hearing, or has escaped. The notice must contain the
following information:
(1) The name of the delinquent offender.
(2) The date of the delinquent act.
(3) The date of the adjudication as a delinquent offender.
(4) The delinquent act of which the delinquent offender was
adjudicated.
(5) The disposition imposed.
(6) The amount of time for which the delinquent offender was
committed to the department.
(7) The date and location of the interview (if applicable).

Legislative History

As added by P.L.77-2001, SEC.1. Amended by P.L.140-2006, SEC.16 and P.L.173-2006, SEC.16; P.L.146-2008, SEC.374.