Indiana Code 35-38-1-33. Sex offender residency waiver
(b) As used in this section, “sex offense” has the meaning set forth in IC 11-8-8-5.2.
Terms Used In Indiana Code 35-38-1-33
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- victim: has the meaning set forth in Indiana Code 35-38-1-9
(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.
As added by P.L.87-2018, SEC.1.