§ 11-8-8-9 — Informing of duty to register; registration time limits; offenders not committed to the department

Indiana § 11-8-8-9

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

Text

(a) Not more than seven (7) days before an
Indiana sex or violent offender who is required to register under this
chapter is scheduled to be released from a secure private facility (as
defined in IC 31-9-2-115), or released from a juvenile detention
facility, an official of the facility shall do the following:
(1) Orally inform the sex or violent offender of the sex or violent
offender's duty to register under this chapter and require the sex
or violent offender to sign a written statement that the sex or
violent offender was orally informed or, if the sex or violent
offender refuses to sign the statement, certify that the sex or
violent offender was orally informed of the duty to register.
(2) Deliver a form advising the sex or violent offender of the sex
or violent offender's duty to register under this chapter and require
the sex or violent offender to sign a written statement that the sex
or violent offender received the written notice or, if the sex or
violent offender refuses to sign the statement, certify that the sex
or violent offender was given the written notice of the duty to
register.
(3) Obtain the address where the sex or violent offender expects
to reside after the sex or violent offender's release.
(4) Transmit to the local law enforcement authority in the county
where the sex or violent offender expects to reside the sex or
violent offender's name, date of release or transfer, new address,
and the offense or delinquent act committed by the sex or violent
offender.
(b) Not more than seventy-two (72) hours after a sex or violent
offender who is required to register under this chapter is released or
transferred as described in subsection (a), an official of the facility shall
transmit to the state police the following:
(1) The sex or violent offender's fingerprints, photograph, and
identification factors.
(2) The address where the sex or violent offender expects to
reside after the sex or violent offender's release.
(3) The complete criminal history data (as defined in IC 10-13-3-5) or, if the sex or violent offender committed a
delinquent act, juvenile history data (as defined in IC 10-13-4-4)
of the sex or violent offender.
(4) Information regarding the sex or violent offender's past
treatment for mental disorders.
(5) Information as to whether the sex or violent offender has been
determined to be a sexually violent predator.
(c) This subsection applies if a sex or violent offender is placed on
probation or in a community corrections program without being
confined in a penal facility. The probation office serving the court in
which the sex or violent offender is sentenced shall perform the duties
required under subsections (a) and (b).
(d) For any sex or violent offender who is not committed to the
department, the probation office of the sentencing court shall transmit
to the department a copy of:
(1) the sex or violent offender's:
(A) sentencing order; and
(B) presentence investigation; and
(2) any other information required by the department to make a
determination concerning sex or violent offender registration.

Legislative History

As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.216-2007, SEC.17; P.L.3-2008, SEC.87.