What Type of Probation Has Specific Residency Requirements?
Under Indiana Code Section 35-38-2-2.5, certain offenders who are on probation must comply with residency requirements. What are those residency requirements, and how can you know if your type of probation has residency requirements? Our Indianapolis criminal defense attorneys can explain in more detail below.
Residency Requirements for Offenders Convicted of Certain Sex Offenses
According to the Indiana Code Section 35-38-2-2.5, probation (or parole) conditions will include residency requirements for an offender who has been convicted of a “sex offense” under Indiana law, which means any of the following statutory offenses:
- Rape under IC 35-42-1;
- Criminal deviate conduct under IC 35-42-4-2 (although this has now been repealed);
- Child molesting under IC 35-42-4-3;
- Child exploitation under under IC 35-42-4-4(b) or (c);
- Vicarious sexual gratification under IC 35-42-4-5;
- Child solicitation under IC 35-42-4-6;
- Child seduction under IC 35-42-4-7;
- Sexual battery under IC 35-42-4-8;
- Sexual misconduct with a minor under IC 35-42-4-9 when it has been charged as a felony offense; and
- Incest under IC 35-46-1-3.
What Are Residency Requirements?
Generally speaking, if you are on probation or parole for any of the above offenses, a condition of your probation or parole will be that you cannot reside within one mile of the residence of the victim of the sex offense, and you will be required to provide the probation department or parole board with the address where you plan to reside during your period of probation or parole.
In some cases, the court (for probation) or parole board (for parole) may grant a waiver if all of the following are true of the offender:
- Successful completion of a sex offender treatment program;
- In compliance with all other terms and conditions of probation or parole; and
- Good cause exists for the person to live within one mile of the victim’s residence.
Contact an Indianapolis Probation and Parole Attorney for Assistance with the Terms of Your Probation or Parole and Residency Requirements
Anyone who is on probation should have a clear understanding of the conditions of their probation, including whether they must comply with residency requirements under the Indiana Code. If you are currently on probation or parole and have any questions about the conditions with which you must comply, or if you need help defending against a violation, it is important to seek legal help as soon as you can. One of the experienced Indianapolis parole lawyers at Rigney Law LLC can speak with you today about the details of your situation and your legal needs. Contact our firm to find out more about how we can assist you.
Sources:
law.justia.com/codes/indiana/title-35/article-38/chapter-2/section-35-38-2-2-5/
in.gov/courts/iocs/justice-services/risk-assessment/
Indiana Code 35-38-2-2.5