INDIANAPOLIS — Convicted sex offenders who lived near schools or other places frequented by children before a state law restricting their residency was enacted in 2006 would not have to move under a ruling by the Indiana Supreme Court.
The court ruled this week that the residency law violated the Indiana constitution by retroactively punishing Anthony W. Pollard, a Blackford County sex offender who died in December.
Pollard had owned his home in northeastern Indiana for about 10 years when he was convicted of a sex offense against a child in 1997. He was then charged in January 2007 with violating the 2006 law that prohibits convicted sex offenders from living within 1,000 feet of a school, public park or youth program center.
Blackford Superior Court Judge John Forcum dismissed the charge as unconstitutional, and the state appealed.
The Court of Appeals and the state Supreme Court both upheld Forcum’s decision.
The state Supreme Court decision said the residency law prevents a sex offender from living in his home even if he bought it before the law took effect and even if a school or youth center moved within 1,000 feet of a home where he already lived.
“Although the statute does not affect ownership of property, it does affect one’s freedom to live on one’s own property,” Justice Robert Rucker wrote. “A sex offender is subject to constant eviction because there is no way for him or her to find a permanent home in that there are no guarantees a school or youth program center will not open within 1,000 feet of any given location.”
Bryan Corbin, a spokesman for the attorney general’s office, which handled the appeal, said a staff attorney interpreted the ruling to apply only to offenders who were charged, convicted and sentenced before the residency law was enacted.
Attorneys for the state Supreme Court declined comment because they are prohibited from interpreting the court’s rulings.
The decision was the latest by the state Supreme Court to find that certain laws regarding state oversight of sex offenders violate the Indiana constitution’s ban on laws punishing people for acts that were legal when they were committed.
In April, the court overturned a man’s conviction for not registering as a sex offender because he had already completed a sentence for child molestation before the state’s Sex Offender Registration Act was passed.
In light of that ruling, the Pollard decision “was not surprising,” said Steve Johnson, executive director of the Indiana Prosecuting Attorneys Council.
However, he said the ruling might be interpreted differently depending on the circumstances.
“For example, I would hope that the residency restriction law would apply to a person convicted of child molesting in 2005 and who then intentionally moved across the street from an elementary school in 2009,” Johnson said in an e-mail.
Corbin said the attorney general’s staff doubted the ruling would have a wide effect.
“We doubt that this will impact a significant number of cases,” he said.
Recent Local News
Indiana court limits sex offender residency law
State’s highest court: Offenders living near schools before 2006 registry don’t have to move
- Recent Local News
-
-
SWEET TREAT: Volunteers see the attraction of annual Starlight Strawberry Festival
-
Board chair: Parks district best solution for New Albany and Floyd County
Mayor Jeff Gahan’s veto of a new parks deal between the city and county was upheld earlier this month by the New Albany City Council. While the Floyd County Council agreed to still pay an additional $100,000 toward the parks department for the remainder of the year, the city and county remain under a prior agreement that led to funding discrepancies in the past.
-
THE 'V' WORD: SUB: Prosser Career Education Center moves away from stigma of ‘vocational’ school
- TARC sets Memorial Day and Kennedy Bridge route changes
- Indiana man releases hostages, fatally shoots self
-
Vietnam veteran receives medals 46 years after active duty ends
- More travelers to hit the road this Memorial Day weekend
-
Pence talks bridges, jobs during Southern Indiana swing
“I think everyone senses with the recent bridges agreement, the potential for extraordinary growth,” said Mike Pence, a U.S. House member who is seeking to replace Gov. Mitch Daniels and retain the gubernatorial seat for the Republican Party.
- Police: Gunman has hostages in Indiana realty office
-
Delaware woman dies in I-65 crash
-
Collingsworth Family to perform at Silver Heights Retreat Center in New Albany
The Collingsworth Family will be making a return trip to the Silver Heights Retreat and Camp Center in New Albany on Thursday, June 7.
-
Clark County approves self-insurance plan
Clark County Insurance Agent-of-Record Diane Swank presented health insurance renewal options at the council meeting Monday, but the county’s fiscal body decided to recess its meeting in order to review a proposal to move the county to a self-insured plan.
-
New theater directors at NAHS and FCHS ready for their programs
As the curtain falls on the careers of the teachers who put the theater programs of Floyd Central and New Albany high schools on the map, the new blood coming in have big hopes for the programs they’re taking over.
-
Jeff to start enforcing insurance ordinances
A 2004 ordinance that dictates how much city retirees pay for health insurance – ignored for years by Jeffersonville officials – looks like it will now be enforced.
-
Top Gun showing Saturday at the New Albany riverfront
In honor of Memorial Day, the city of New Albany will show the movie “Top Gun” on its new 40-foot screen at the Riverfront Amphitheater Saturday.
- More Recent Local News Headlines
-
