§ 35-38-1-33 — Sex offender residency waiver

Indiana § 35-38-1-33

• Jurisdiction: Indiana
• Art. 38: PROCEEDINGS FOLLOWING DISMISSAL,
• Ch. 1: Entry of Judgment and Sentencing

Text

(a) As used in this section, "offender" means
an individual convicted of a sex offense.
(b) As used in this section, "sex offense" has the meaning set forth
in IC 11-8-8-5.2.
(c) An offender may petition for waiver of the residency restriction
described in IC 35-46-1-15.1(c). The court may waive the residency
restriction if the court, at a hearing at which the offender is present and
of which the prosecuting attorney has been notified, determines that:
(1) the offender has successfully completed a sex offender
treatment program; and
(2) good cause exists to allow the offender to reside within one (1)
mile of the residence of the victim of the offender's sex offense.
However, the court may not grant a waiver under this subsection if the
offender is a sexually violent predator under IC 35-38-1-7.5 or if the
offender is an offender against children under IC 35-42-4-11.
(d) If the court grants a waiver under this section, the court shall
determine the duration of the waiver. The offender may petition the
court for an extension of the waiver not later than sixty (60) days before
its expiration. However, if the court denies an offender's petition for
waiver under this section, then the offender is subject to prosecution for
the offense described in IC 35-46-1-15.1(c).
(e) If the court grants a waiver under this section, the court shall
state in writing the reasons for granting the waiver. The court's written
statement of its reasons shall be incorporated into the record.
(f) The address of the victim of the offender's sex offense is
confidential even if the court grants a waiver under this section.

Legislative History

As added by P.L.87-2018, SEC.1.