Indiana § 35-38-1-33 - Sex offender residency waiver

§ 35-38-1-33. Sex offender residency waiver

Sec. 33. (a) As used in this section, "offender" means an individual convicted of a sex offense.

(b) As used in this section, "sex offense" has the meaning set forth in IC 11-8-8-5.2.

(c) An offender may petition for waiver of the residency restriction described in IC 35-46-1-15.1(c). The court may waive the residency restriction if the court, at a hearing at which the offender is present and of which the prosecuting attorney has been notified, determines that:

(1) the offender has successfully completed a sex offender treatment program; and

(2) good cause exists to allow the offender to reside within one (1) mile of the residence of the victim of the offender's sex offense.

However, the court may not grant a waiver under this subsection if the offender is a sexually violent predator under IC 35-38-1-7.5 or if the offender is an offender against children under IC 35-42-4-11.

(d) If the court grants a waiver under this section, the court shall determine the duration of the waiver. The offender may petition the court for an extension of the waiver not later than sixty (60) days before its expiration. However, if the court denies an offender's petition for waiver under this section, then the offender is subject to prosecution for the offense described in IC 35-46-1-15.1(c).

(e) If the court grants a waiver under this section, the court shall state in writing the reasons for granting the waiver. The court's written statement of its reasons shall be incorporated into the record.

(f) The address of the victim of the offender's sex offense is confidential even if the court grants a waiver under this section.

As added by P.L.87-2018, SEC.1.

IC 35-38-2Chapter 2. Probation

35-38-2-0.1Repealed 35-38-2-0.2Application of certain statutes to individuals placed on probation after June 30, 2003 35-38-2-1Conditions of probation; advice on violation specification in record; administrative costs; transfer of three percent of probation user's fee; administrative fee; user's fee; collection of administrative fee; disposition of money collected; supplemental adult probation services fund; payment by credit card; credit card service fee 35-38-2-1.5Increased probation user's fee 35-38-2-1.7Early payment of probation user's fee; recalculation of probation user's fee; discharge; wage garnishment 35-38-2-1.8New probation hearings allowed at any time; modification of conditions; deadlines 35-38-2-2Repealed 35-38-2-2.1Conditions of probation; payment of alcohol and drug countermeasures fee 35-38-2-2.2Conditions of probation; registration with local law enforcement authority; consent to search of computer 35-38-2-2.3Conditions of probation; statement of conditions; term of imprisonment; intermittent service; transfers and retransfers of supervision 35-38-2-2.4Conditions of probation for sex offenders 35-38-2-2.5Residency requirements for certain offenders 35-38-2-2.6Conditions of probation or parole for persons convicted of stalking 35-38-2-2.7Prohibition on use of social media, instant messaging, or chat rooms 35-38-2-2.8Prohibition against owning, harboring, or training a companion animal as a condition of parole 35-38-2-2.9Court must inform offenders against children of statutory residency restrictions 35-38-2-3Violation of conditions of probation