On any sex-related offense in the state of Indiana where a defendant is placed on probation, barring some extremely limited circumstance, there are always Indiana Special Probation Conditions ordered for Adult Sex Offenders. That leaves a lot of people asking themselves what is required of them while on sex-based probation. While many of the same conditions of probation for general probationers are the same, typically there are additional, more intrusive restrictions placed on Adult Sex Offenders.
Below is a list of the standard terms of Adult Sex Offender Probation:
TYPICALLY REQUIRED PROBATION TERMS:
- Registration: within 72 hours, depending on if the defendant is a 10-year sex registry offender or lifetime, that defendant will have to register with local law enforcement as required by law.
- Distance Related Restrictions, Child Victim Related Crimes: in crimes involving sex offenses with children as victims, the defendant cannot live within 1000 feet of a school property, your program center, public park, nor can they live within 1 mile of the victim of the offense. It is important to note this is as the crow flies — so the corner of the defendant’s property line to the corner of the property listed above.
- Distance Related Restrictions, Non-Child Victim Related Crimes: all sex offenders are precluded from living from within a 1000 feet of a school as the crow flies. The defendant also can’t live within 1 mile of the victim unless a waiver is granted.
- Consent to Search Personal Computer: all sex offenders are required to allow a search of their computers at any time by anyone.
- Internet Monitoring Software: all sex offenders must, at their own expense, allow for the installation of internet monitoring software on any internet-ready device so that probation can monitor internet access.
- No Websites/Messaging Platforms/Chatrooms Frequented by Minors: all sex offenders are precluded from accessing websites, messaging programs, and/or chatrooms known to be frequented by minors.
- No Communication with Minors through Social Media Networking Platforms: all sex offenders are precluded from accessing social networking sites or instant messaging programs in an effort to communicate with minors, nor can they use a third party to arrange said communication. This can also include communication with the defendant’s own children unless the Court makes an exception.
- No Contact with Victim or Victim’s Family: for obvious reasons, almost always a sex offender is precluded from having contact with the victim or the victim’s family.
NOT ALWAYS REQUIRED TERMS, BUT TYPICAL TERMS:
- Sex Offender Treatment/Counseling: many times, sex offenders will be required to complete a sex-based treatment or counseling program while being incarcerated or supervised.
- Required Attendance at Treatment, Classes, or Counseling: if required to attend classes or treatment, often times it is a condition of your probation that you attend each and every session, and failure to do so can be a violation.
- No Possession of Pornography or Obscene Material: often it is required that a sex offender not possess any type of pornography or obscene material of any kind.
- No Alcohol or Controlled Substance without a Prescription: many times sex based offenders, and general probationers, are required to refrain from alcohol and controlled substances without a prescription or waiver.
- Notification: sex offenders are often required to disclose to their roommates or family members residing with the defendant that they are sex offenders and are required to register as such.
- Sexual Relationships: sometimes there is a requirement that the sex offender not engage in a sexual relationship with an adult with minor children without permission or a waiver from the court. This is sometimes waived on non-child related offenses.
- Employment Restrictions: often times there are limitations on sex offenders as to where they work, especially if the employment requires access to people’s residences or there could be children present. This is sometimes waived on non-child related offenses.
- Contact with Minors: many times probation will limit interactions with minors under the age of 16 without supervision — however, this is often waived after completion of sex offender counseling. This is sometimes waived on non-child related offenses.
- School Restrictions and Related Places: sex offenders are often restricted from attending schools events — but many times this is also a restriction that schools impose regardless of what probation desires. There are also restrictions, typically, for places such as playgrounds, daycares, youth center, etc. This is sometimes waived on non-child related offenses.
- Minor-Related Activities: typically, sex offenders are restricted from attending youth sporting events, including but not limited to, youth sports, Boy/Girl/Cub Scouts, Brownies, 4H events, YMCA, etc. This is sometimes waived on non-child related offenses.
- Polygraph Testing: many, many, many times probation departments will require this to allow them to inquire into things that you might not expect (contact with children, internet use, etc.), and any answer that is determined to be deceptive is a violation of probation!
- Electronics: often there are limitations on internet-ready devices such as computers, cell phones, ipods, Xbox, gaming devices/platforms, PDA’s, televisions, etc.
As anyone can see, these restrictions are long, complicated, and all-encompassing. As such, it is incredibly important that you speak with a lawyer that is family with sex offenses and the ramifications thereof. Should you or a loved one need the services of an experienced Indianapolis Sex Crimes Lawyer, give the experienced litigators at Banks & Brower a call today at 317.870.0019 or email us at firstname.lastname@example.org.