justcallmetommy wrote:
[color=#BF0000]Has Mayor McDErmott Selectively enforced Sex Registration and Residency laws placing Hammonites at risk?
Has Mayor McDermott Selectively enforced Sex Registration and Residency laws placing Hammond residents and their children at risk?
Who ever McDermott's has given the responsibility to follow up on Sex Offender's residency requirement apparently have been sleeping for the last 6 years of his Administration. The LaSalle Hotel has been for a number of years a place where Sex offenders have landed after being released from jail. All this time McDermott's Administration has placed that community at risk by his inaction!
Localized enforcement of a state law because of a pet project?
Why have Hammond residents in this community been neglected?
Why is this statute now being enforced in Downtown Hammond and not city wide?
This statue should be enforced city wide, not just for a pet project!
Who ever in Hammond City Government that has been sleeping at the wheel should be investigated and held accountable for not doing their job.
Six years? Please note at the bottom that the following date the Sex Offender Residency Restriction act was passed in 2006. The recent Pollard decision by the Indiana Supreme Court clarifying it was handed down June 30, 2009, three months ago.
IC 35-42-4-11
Sex offender residency restrictions
Sec. 11. (a) As used in this section, and except as provided in subsection (d), "offender against children" means a person required to register as a sex or violent offender under IC 11-8-8 who has been:
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(1) found to be a sexually violent predator under IC 35-38-1-7.5; or
(2) convicted of one (1) or more of the following offenses:
(A) Child molesting (IC 35-42-4-3).
(B) Child exploitation (IC 35-42-4-4(b)).
(C) Child solicitation (IC 35-42-4-6).
(D) Child seduction (IC 35-42-4-7).
(E) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age and the person is not the child's parent or guardian.
(F) Attempt to commit or conspiracy to commit an offense listed in clauses (A) through (E).
(G) An offense in another jurisdiction that is substantially similar to an offense described in clauses (A) through (F).
A person is an offender against children by operation of law if the person meets the conditions described in subdivision (1) or (2) at any time.
(b) As used in this section, "reside" means to spend more than three (3) nights in:
(1) a residence; or
(2) if the person does not reside in a residence, a particular location;
in any thirty (30) day period.
(c) An offender against children who knowingly or intentionally:
(1) resides within one thousand (1,000) feet of:
(A) school property, not including property of an institution providing post-secondary education;
(B) a youth program center; or
(C) a public park; or
(2) establishes a residence within one (1) mile of the residence of the victim of the offender's sex offense;
commits a sex offender residency offense, a Class D felony.
(d) This subsection does not apply to an offender against children who has two (2) or more unrelated convictions for an offense described in subsection (a). A person who is an offender against children may petition the court to consider whether the person should no longer be considered an offender against children. The person may file a petition under this subsection not earlier than ten (10) years after the person is released from incarceration, probation, or parole, whichever occurs last. A person may file a petition under this subsection not more than one (1) time per year. A court may dismiss a petition filed under this subsection or conduct a hearing to determine if the person should no longer be considered an offender against children. If the court conducts a hearing, the court shall appoint two (2) psychologists or psychiatrists who have expertise in criminal behavioral disorders to evaluate the person and testify at the hearing. After conducting the hearing and considering the testimony of the two (2) psychologists or psychiatrists, the court shall determine whether the person should no longer be considered an offender against children. If a court finds that the person should no
longer be considered an offender against children, the court shall send notice to the department of correction that the person is no longer considered an offender against children.As added by P.L.6-2006, SEC.8. Amended by P.L.140-2006, SEC.32 and P.L.173-2006, SEC.32; P.L.216-2007, SEC.47.