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.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 38. Proceedings Following Dismissal, Verdict, or Finding
Chapter 1. Entry of Judgment and Sentencing
35-38-1-0.1. Application of Certain Amendments to Chapter
35-38-1-1. Judgment of Conviction; Pronouncement of Sentence
35-38-1-1.5. Converting Level 6 Felony to Class a Misdemeanor
35-38-1-2.5. Crime of Deception
35-38-1-3. Presentence Hearing
35-38-1-7.1. Considerations in Imposing Sentence
35-38-1-7.5. Sexually Violent Predators
35-38-1-7.7. Crime of Domestic Violence; Sentence Procedures
35-38-1-7.8. Credit Restricted Felons
35-38-1-8.5. Presentence Investigation; Notice to Victim; Victim Impact Statement; Contents
35-38-1-10. Presentence Investigation; Physical or Mental Examination
35-38-1-11. Presentence Memorandum by Convicted Person
35-38-1-13. Confidentiality of Presentence Report or Memoranda
35-38-1-14. Imprisonment; Transmission of Certain Information to Department of Correction
35-38-1-15. Erroneous Sentence; Nature; Correction
35-38-1-16. Certified Copies of Corrected or Modified Sentence
35-38-1-17. Sentence Modification; Conditions; Not Permitted for Certain Offenders
35-38-1-18. Fines and Costs; Suspension of Fines; Commitment Instead of Fine; Default
35-38-1-21. Home Detention; Petition and Hearing
35-38-1-22. Juveniles; Service of Misdemeanor Sentences in Juvenile Detention Facilities
35-38-1-24. Community Transition Program; Level 5 or Level 6 Felony
35-38-1-25. Community Transition Program; Murder and Level 1 Through Level 4 Felony
35-38-1-27. Persons Required to Provide a DNA Sample as a Condition of a Sentence
35-38-1-30. Sentence; Refrain From Contact
35-38-1-31. Abstracts of Judgment
35-38-1-32. Court Notification of Potential Habitual Violator Offenses