1. GIS Tools for Managing Indiana State Sex Offenders
Brent Myers
Christine Kerl
Chuck Carufel

2. This Session is a Brainstorming Activity
Try to see the ‘big picture’
Be creative
Ask questions
Ask for clarification
Listen to the Panel Discussion
Make suggestions (I’m taking notes)

3. Agenda
The ‘skinny’ on IC , where convicted sex offenders cannot live in Indiana – Brent Myers
Identify the issues posed to probation officers. – Christine Kerl
Review Marion County’s GIS sex offender 'address verification' solution – Chuck Carufel

4. Sex Offender Residency in Indiana Brent Myers Indiana Code , , , and
Indiana Department of Correction, February 2008

5. Sex and Violent Offender Registration and the Registry
Started July 1, 1994 – Sex Offender Registry
Modified significantly over the years with major revisions in 2001, 2003, 2006, and 2007
Adam Walsh Child Protection and Safety Act
Children who have influenced registration / registry
Jacob Wetterling
Megan Kanka
Zachary Snyder
Indiana Sex and Violent Offender Registry

6. Who Is Required To Register (IC 11-8-8-5)
Who Is Required To Register (IC )? Adults and Juveniles Convicted As Adults
Rape Vicarious Sexual Gratification
Child Molesting Incest Child Solicitation
Child Exploitation Child Seduction Sexual Battery
Criminal Deviate Conduct
Possession of Child Pornography
Sexual Misconduct with a Minor {A,B,C* Felony}
Kidnapping {victim < 18, not parent/guardian}
Criminal Confinement {victim < 18, not parent/guardian}
Promoting Prostitution Human Trafficking Sexual Trafficking
Murder Voluntary Manslaughter
Attempt or Conspiracy to Commit ANY of the above
A Crime Under the Laws in Other Jurisdictions (including Military) that are EQUIVALENT to ANY of the above

7. Registration of Juveniles Adjudicated as Delinquents (IC 11-8-8-5b)
14 years of age or older
Commit offense that is similar to an adult registration offense
Released from incarceration or placed on supervision
Found by a court by clear and convincing evidence to be likely to repeat an act that would be a similar act as that of an adult
In making determination…court shall consider expert testimony

8. Who is a Sexually Violent Predator? (IC 35-38-1-7.5)
By operation of law, only those offenders who were released from incarceration, secure detention, or probation after June 30, 1994
Rape
Criminal Deviant Conduct
Child Molesting (A & B Felony)
Vicarious Sexual Gratification
2nd Unrelated Conviction
Determined by Court

9. Length of Registration (IC 11-8-8-19)
Lifetime Registration
Sexually Violent Predators
Victim under the age of 12
Caused bodily injury or death, use of force, threat of force, victim incapable of giving consent
Ten Year registration
Released from Penal Facility
Placed in Community Transition Program, Community Corrections Program
Placed on Probation or Parole
Whichever occurs last
A person who is required to register as a sex or violent offender in any jurisdiction shall register for the period required by the other jurisdiction or the period described in this section, whichever is longer.

10. Indiana Code Residency Statutes
IC ,
IC ,
IC , and IC

11. IC 35-42-4-11(a) Offenders Against Children
“Offender against children” means a person required to register as a sex or violent offender under IC  who has been:
found to be a sexually violent predator under IC  ; or
convicted of one (1) or more of the following offenses:
Child molesting (IC )
Child exploitation (IC (b))
Child solicitation (IC )
Child seduction (IC )
Kidnapping (IC ), if the victim is less than eighteen (18) years of age and the person is not the child’s parent or guardian (see IC )
Attempt to commit or conspiracy to commit an offense listed above
An offense in another jurisdiction that is substantially similar to an offense described above
By operation of law, an offender is an offender against children if they are a sexually violent predator or have been convicted of one of the offenses listed above at any time

12. IC 35-42-4-11(b) and (c) Residency Restrictions
Offenders against children who knowingly or intentionally spend more than 3 nights in a 30 day period
within 1000 feet of school property (not including property of an institution providing post-secondary education), a youth program center, or a public park
Establish a residence within 1 mile of the victim
Commit a residency offense, a Class D Felony

13. IC 11-13-3-4(g)(2) Conditions of Parole - Residency
As a condition of parole, the parole board shall:
(A) require a parolee who is a sex or violent offender (as defined in IC  ) to register with a local law enforcement authority under IC 11-8-8;
(B) prohibit a parolee who is a sex offender from residing within one thousand (1,000) feet of school property (as defined in IC  ) for the period of parole, unless the sex offender obtains written approval from the parole board;
(C) prohibit a parolee who is a sex offender convicted of a sex offense (as defined in IC  ) from residing within one (1) mile of the victim of the sex offender's sex offense unless the sex offender obtains a waiver under IC  ; and
(D) prohibit a parolee who is a sex offender from owning, operating, managing, being employed by, or volunteering at any attraction designed to be primarily enjoyed by children less than sixteen (16) years of age.
The parole board may not grant a sexually violent predator (as defined in IC  ) or a sex offender who is an offender against children under IC  a waiver under subdivision (B) or (C). If the parole board allows the sex offender to reside within one thousand (1,000) feet of school property under subdivision (B), the parole board shall notify each school within one thousand (1,000) feet of the sex offender's residence of the order.

14. IC 35-38-2-2.2 Conditions of Probation - Residency
As a condition of probation for a sex offender (as defined in IC  ), the court shall:
(1) require the sex offender to register with the local law enforcement authority under IC 11-8-8; and
(2) prohibit the sex offender from residing within one thousand (1,000) feet of school property (as defined in IC  ) for the period of probation, unless the sex offender obtains written approval from the court.
If the court allows the sex offender to reside within one thousand (1,000) feet of school property under subdivision (2), the court shall notify each school within one thousand (1,000) feet of the sex offender's residence of the order. However, a court may not allow a sex offender who is a sexually violent predator (as defined in IC  ) or an offender against children under IC  to reside within one thousand (1,000) feet of school property.

15. IC 35-38-2-2.5 Conditions of Probation – Victim Residence
As used in this section, "sex offense" means any of the following:
Rape (IC )
Criminal deviate conduct (IC )
Child molesting (IC )
Child exploitation (IC (b))
Vicarious sexual gratification (IC )
Child solicitation (IC )
Child seduction (IC )
Sexual battery (IC )
Sexual misconduct with a minor as a felony (IC )
Incest (IC )
A condition of remaining on probation or parole after conviction
for a sex offense is that the offender not reside within one (1) mile
of the residence of the victim of the offender's sex offense.

16. IC 35-38-2-2.5 Conditions of Probation – Victim Residence (continued)
An offender, while on probation or parole, may not establish a new residence within one (1) mile of the residence of the victim of the offender's sex offense unless the offender first obtains a waiver from the…
court, if the offender is placed on probation; or
parole board, if the offender is placed on parole.
The court or parole board may waive the requirement only if the court or parole board, at a hearing at which the offender is present and of which the prosecuting attorney has been notified, determines that…
the offender has successfully completed a sex offender treatment program during the period of probation or parole;
the offender is in compliance with all terms of the offender's probation or parole; and
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.
The court or parole board may not grant a waiver under this subsection if the offender is a sexually violent predator under IC  or if the offender is an offender against children under IC 
If the court or parole board grants a waiver, the court or parole board shall state in writing the reasons for granting the waiver. The court's written statement of its reasons shall be incorporated into the record.

17. Residency Definitions

18. School Property IC 35-41-1-24.7 – “School property" defined
A building or other structure owned or rented by:
A school corporation;
An entity that is required to be licensed under IC  (e.g., daycare or child care) or IC 31-27 (e.g., child caring institutions, foster family homes, group homes, and child placing agencies);
A private school that is not supported and maintained by funds realized from the imposition of a tax on property, income, or sales; or
A federal, state, local, or nonprofit program or service operated to serve, assist, or otherwise benefit children who are at least three (3) years of age and not yet enrolled in kindergarten, including the following:
A Head Start program under 42 U.S.C et seq
A special education preschool program
A developmental child care program for preschool children
The grounds adjacent to and owned or rented in common with a
building or other structure described above

19. Youth Program Centers IC 35-41-1-29 – “Youth program center" defined
A building or structure that on a regular basis provides recreational, vocational, academic, social, or other programs or services for persons less than eighteen (18) years of age
The real property on which a building or structure described in subdivision (1) is located
The term does not include school property (as defined in section 24.7 of this chapter)

20. Public Parks IC 35-41-1-23.7 – “Public park” defined
Any property operated by a political subdivision for park purposes (as defined in IC  )
IC “Park purposes”
Sec. 2. "Park purposes" include the establishment, equipment, and operation of parks, boulevards, pleasure drives, parkways, wheelways, park boulevards, bridlepaths, playgrounds, playfields, bathhouses, comfort stations, swimming pools, community centers, recreation centers, other recreational facilities, and recreational programs

21. Where Can I Find Information on Registration?
Indiana Department of Correction
(317)

22. Marion County GIS sex offender 'address verification' Solution
Chuck Carufel

23. Architecture N-Tiered Architecture - Presentation  Portal
Business Logic  Web Services
Data  Configuration & Content
Highly Reusable Components
Flexible, Scalable, Securable
Each tier focuses on what it does best……..

24. Presentation Tier Business Logic Tier Data Tier GIS Web-services
Geocode
Buffer
Business
Logic
Tier
Polygon
Analysis
Map
Component
GIS Map Database
Configuration Database
Data
Tier

35. Summarize
Law could be better/worse
Interpretation could be better/worse
Data could be better/worse
GIS Solutions are being designed
Sex Offenders must live within the reality of the law we have

36. Brainstorming Solutions – Next Steps
How can we make things better?
Better education – starting today
Better law
Better enforcement
Better interpretation
Better information
What do you think?