§ 11-8-8-22 — Procedure for retroactive application of ameliorative statutes

Indiana § 11-8-8-22

• Jurisdiction: Indiana
• Art. 8: GENERAL PROVISIONS: DEPARTMENT OF
• Ch. 8: Sex Offender Registration

Text

(a) As used in this section, "offender" means
a sex offender (as defined in section 4.5 of this chapter) and a sex or
violent offender (as defined in section 5 of this chapter).
(b) Subsection (g) applies to an offender required to register under
this chapter if, due to a change in federal or state law after June 30,
2007, an individual who engaged in the same conduct as the offender:
(1) would not be required to register under this chapter; or
(2) would be required to register under this chapter but under less
restrictive conditions than the offender is required to meet.
(c) A person to whom this section applies may petition a court to:
(1) remove the person's designation as an offender and order the
department to remove all information regarding the person from
the public portal of the sex and violent offender registry website
established under IC 36-2-13-5.5; or
(2) require the person to register under less restrictive conditions.
(d) A petition under this section shall be filed in the circuit or
superior court of the county in which the offender resides. If the
offender resides in more than one (1) county, the petition shall be filed
in the circuit or superior court of the county in which the offender
resides the greatest time. If the offender does not reside in Indiana, the
petition shall be filed in the circuit or superior court of the county
where the offender is employed the greatest time. If the offender does
not reside or work in Indiana, but is a student in Indiana, the petition
shall be filed in the circuit or superior court of the county where the
offender is a student. If the offender is not a student in Indiana and does
not reside or work in Indiana, the petition shall be filed in the county
where the offender was most recently convicted of a crime listed in
section 5 of this chapter.
(e) After receiving a petition under this section, the court may:
(1) summarily dismiss the petition; or
(2) give notice to:
(A) the department;
(B) the attorney general;
(C) the prosecuting attorney of:
(i) the county where the petition was filed;
(ii) the county where offender was most recently convicted of
an offense listed in section 5 of this chapter; and
(iii) the county where the offender resides; and
(D) the sheriff of the county where the offender resides;
and set the matter for hearing. The date set for a hearing must not be
less than sixty (60) days after the court gives notice under this
subsection.
(f) If a court sets a matter for a hearing under this section, the
prosecuting attorney of the county in which the action is pending shall
appear and respond, unless the prosecuting attorney requests the
attorney general to appear and respond and the attorney general agrees
to represent the interests of the state in the matter. If the attorney
general agrees to appear, the attorney general shall give notice to:
(1) the prosecuting attorney; and
(2) the court.
(g) A court may grant a petition under this section if, following a
hearing, the court makes the following findings:
(1) The law requiring the petitioner to register as an offender has
changed since the date on which the petitioner was initially
required to register.
(2) If the petitioner who was required to register as an offender
before the change in law engaged in the same conduct after the
change in law occurred, the petitioner would:
(A) not be required to register as an offender; or
(B) be required to register as an offender, but under less
restrictive conditions.
(3) If the petitioner seeks relief under this section because a
change in law makes a previously unavailable defense available
to the petitioner, that the petitioner has proved the defense.
The court has the discretion to deny a petition under this section, even
if the court makes the findings under this subsection.
(h) The petitioner has the burden of proof in a hearing under this
section.
(i) If the court grants a petition under this section, the court shall
notify:
(1) the victim of the offense, if applicable;
(2) the department of correction; and
(3) the local law enforcement authority of every county in which
the petitioner is currently required to register.
(j) An offender may base a petition filed under this section on a
claim that the application or registration requirements constitute ex
post facto punishment.
(k) A petition filed under this section must:
(1) be submitted under the penalties of perjury;
(2) list each of the offender's criminal convictions and state for
each conviction:
(A) the date of the judgment of conviction;
(B) the court that entered the judgment of conviction;
(C) the crime that the offender pled guilty to or was convicted
of; and
(D) whether the offender was convicted of the crime in a trial
or pled guilty to the criminal charges; and
(3) list each jurisdiction in which the offender is required to
register as a sex offender or a violent offender.
(l) The attorney general may initiate an appeal from any order
granting an offender relief under this section.

Legislative History

As added by P.L.216-2007, SEC.30. Amended by P.L.103-2010, SEC.2; P.L.214-2013, SEC.13; P.L.1-2025, SEC.160.