After residency restrictions went into effect in Tippecanoe County, 28 sex offenders have been asked to move their homes. One of them, John Doe, is saying no. John Doe was convicted in 1988 and released from jail in 1992. Since then, he has no arrests. He has lived at his current address for 7 years. However, new legislation is forcing him to relocate.
Legislation took effect July 1, 2006, that prohibits those offenders from living within 1,000 feet of a school, public park or youth program center.
Wording of the law does not make it clear whether it applies to offenders convicted before that date.
But the Tippecanoe County prosecutor’s office is enforcing it as applying to any such offender in the Indiana Sheriff’s Sex and Violent Offender Registry.
John Doe is taking advantage of an IN law that permits sex offenders who are 10 years removed from their release to petition a court to be no longer considered a sex offender.
Here [pdf]are the motions and petitions he filed in court, which include the petition to no longer be considered a sex offender, a Motion for Preliminary Injunction and a Motion for Permanent Injunction.
The legislation is challenged on ex-post facto, takings clause and double jeopardy grounds.
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