margarita25
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Just for research purposes,can any of you sleuthers explain to me why a RSO,still living and still on probation/incarcerated,might have their name removed from both local and state registry?I have noticed that even if incarcerated,they still appear on the registry.Thanks in advance for any information.
Did anyone answer yet? The only thing I could think of is that perhaps an appeal has taken place?
I just found this info at Indiana Department of Correction. It explains the sex and violent offender registry appeal procedure. And the next part is what I found disturbing, it appears there is a loophole for violent offenders pre 7/1/2007? Partial quote in italics below is from: http://www.in.gov/idoc/3285.htm
*NOTICE: TO ALL VIOLENT OFFENDERS WHO COMMITTED THEIR OFFENSES IN INDIANA PRIOR TO JULY 1, 2007 AND WHO ARE NOT REQUIRED TO REGISTER AS VIOLENT OFFENDERS AS A CURRENT CONDITION OF PROBATION OR PAROLE
The violent offender law requiring registration and a registry of violent offenders is unconstitutionally retroactive under the Indiana Constitution as applied to violent offenders who committed their offenses in Indiana before the date the law went into effect, July 1, 2007, except insofar as the persons are required to register as a current condition of probation or parole.
If you have been classified as violent offender as a result of committing the offense in Indiana prior to July 1, 2007, and you are not currently required to register as a condition of probation or parole, the Indiana Department of Correction has been ordered to remove your name and all information concerning you from the sex and violent offender registry, unless you are convicted of other offenses that allow you to be currently classified as a sex or violent offender.
Woooow...good find you all.
So, am I understanding this correctly, that he could have served time in prison for a violent offense, released, and not required to register as an RSO if his crime was before 2007?! Need to reread after coffee...
Eta: I can't get over this...unbelievable...this is potentially huuuuuge imo, as related to BG. So, even more,, everyone incarcerated for violent crimes before this date need to be looked at.