A Look at Indiana's Sex Offender Probation

One of the most frequent types of cases that end up going to trial are sex crimes.  Many times these cases go to trial because they carry significant penalties that don’t come with most other offenses.  A sex offender in Indiana will many times be placed on “sex offender” probation.  This blog looks at the requirements of the Indiana sex offender probation.
-The requirement to register.  One of the conditions of the probation is, if you statutorily have to register as a sex offender, then it is also a condition of your probation.  This means if you fail to register, not only is it a criminal offense, but it will also be a violation of your probation.
-If your sex offense includes a crime against a child, then you may not live within one thousand (1,000) feet of school property, a youth program center or a public park and you shall not establish a residence within one (1) mile of the victim of your sex offense.
-It is a condition that you cannot live within 1000 feet of a school.  This is measured from the edge of the offender’s property line to the edge of the school’s property line.
-Another condition related to residence is that the offender may not live within 1 mile of the victim’s residence.
-The probation also requires that you install monitoring software on your computer and that the probation officer can search your computer at any time.
-The sex offender probation also limits the offender from visiting certain websites tied to youth and also prohibits the offender from using a computer or social cites to communicate with anyone under the age of 16.
-There are terms of probation that address treatment as well.  Most offenders will be required to complete sex offender treatment and will be required to not miss any of those sessions.  Many of these types of treatments can last 2 years or more.
-There are also limitations on the activities and places the offender can engage in.  For example, offenders cannot be in possession of pornographic magazines, videos or visit a strip club.
-The offender will also likely be required to undergo a substance abuse evaluation and comply with any recommended treatment.  Additionally, many offenders will be restricted from consuming alcohol or taking any controlled substances.
-Offenders must maintain a single address and must notify any people living with them of his/her status as a sex offender.
-A sex offender may be prevented from traveling alone after 10 p.m.
-Another condition may prevent a sex offender from being in a sexual relationship with anyone who has a child under the age of 16.
-The offender’s probation officer must approve the offender’s employment.  If the offender is a door to door salesman or has another job that requires in home visits, the probation officer may refuse to allow the offender to engage in such employment.
-The offender is likely to be prohibited from having any contact with a child under the age of 16.  Sometimes this condition can be modified to allow the offender to have contact with children under 16 if it is their child or relative.
-The offender will be prohibited from being present at any school, daycare or playground.
-The offender may be prohibited from being involved in organizations that involve children.  This would include YMCA, Boy Scouts, Girl Scouts, and youth sports teams.
-The offender is likely to have to participate in periodic lie detector testing.  This testing will allow the probation department to monitor your behavior by asking direct questions to make sure the offender has not engaged in unauthorized conduct.
-The offender is subjected to detailed monitoring by his/her probation officer.  This can include the requirement that a daily log of all activities being maintained.
-Lastly, the sex offender probation may prohibit the use of the internet for any reason through any device.
As can be seen the sex offender probation can be very strict, prohibitive, and difficult to comply with.  Most if not all of these terms can be negotiated and modified.  The attorneys at Banks & Brower are experienced in handling cases associated with sex crimes.  If you need representation, contact us today at 317-870-0019.