Tag: Indiana Sex Offender One Stop Resource website

COA: Sex offender registration is mandatory collateral consequence

COA: Sex offender registration is mandatory collateral consequence

August 21, 2018

 

Despite arguing his guilty plea did not include a sex offense, a Steuben County man will have to remain on the state’s sex offender registry after the Indiana Court of Appeals found registering was a collateral consequence for his conviction.

Nathan Healey pleaded guilty to criminal confinement, a Class D felony, in 2009 and was sentenced to three years, with all but 270 days suspended. After he was released from the Indiana Department of Correction, Healey was required to register as a sex offender because his victim was less than 12 years old at the time of the crime.

Healey brought a declaratory judgment action for relief, asserting he did not plead to the age of the victim. The Steuben Circuit Court rejected his argument, and on appeal Healey argued the registration requirement violated his Sixth Amendment right to a trial by jury. In particular, he said he would have had to admit the underlying facts supporting the requirement as part of his plea agreement in order to be placed on the registry.

However, the state countered that Healey’s registration requirement is not part of his sentence, but instead is a collateral consequence. Specifically, his registration requirement fell under the state’s Sex Offender Registration Act (SORA).

The Court of Appeals agreed with the state and affirmed the trial court’s denial of Healey’s petition in Nathan Healey v. Robert Carter, Commissioner of the Indiana Department of Corrections, et al., 76A03-1711-MI-2681.

Reviewing the Indiana Code, the appellate panel found the Legislature included the entire criminal confinement statute when defining both “sex offender” and “sex or violent offender.” Then the administrative authority over SORA was delegated to the Department of Correction, which is required to maintain the sex offender registry.

“Quite simply, Healey pleaded guilty to criminal confinement, his victim was less than eighteen years of old, and Healey was not the victim’s parent or guardian; therefore, ‘(p)lacement on the Registry is mandatory, and the Act affords neither the trial court nor the DOC any discretion in the matter of the registration requirements,’” Judge Margret Robb wrote for the court, citing Nichols v. State, 947 N.E.2d 1011, 1017 (Ind. Ct. App. 2011).

“…We agree with the reasoning of the Nichols court,” Robb continued. “Healey pleaded guilty to the requisite crime of criminal confinement and admitted that Z.M. was the victim of the crime. Accordingly, Healey’s registration requirement was ‘a consequence of the operation of the Act itself,’… .”

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Indiana Sex Offender One Stop Resource website!

This is a website that offers resource information to Registered Citizens and their families throughout the state of Indiana, and yes, the entire country.

We would like to invite you to utilize our website in every way you can, … and locate the housing or resources you require.

We do ask that you please support our cause, either by donations or by sharing our website with anyone that may be able to utilize our services.

The links below are to websites that offer information related to Indiana sex offense laws, statistics and other related topics. All website listed below provided information only for the state of Indiana. The resources below are listed in no particular order. If you know of any other resources that should be added to the Indiana sex offender resource list, please contact us and let us know.

We do not certify, endorse, or control any of these external link. We do not certify accuracy, timeliness of information, and/or working of these links. Use of this information is voluntary and should be independently reviewed for inaccuracies.
Therapy Options

  • Family & Children’s Center Counseling and Development – Family & Children’s Center Counseling and Development offers counseling for adults and juvenile sex offenders. They also offer counseling for sexual addictions. They are located in South Bend, Indiana.
  • Indiana University (Bloomingdale) – Indiana University (Bloomingdale) offers a multiyear study investigates the efficacy of Functional Family Therapy asa treatment model for juvenile sex offenders as compared to traditional sex offender treatment programs.
  • LifeCare Counseling Services – LifeCare Counseling Services offers sexual addiction therapy. They are located in Carmel, Indiana.
  • Onarga Academy – Onarga Academy provides several different options for male juvenile sex offenders and/or male juveniles who exhibit sexually problematic or abusive behavior. They are located in Onarga, Illinois

Other Resources

  • Women Against Registry – They offer a national support line (Registrants & Families Support Line 800-773-4319) and instate contacts, employment and housing along with family support.
  • Public Advocates in Community re-Entry (PACE) – Public Advocates in Community re-Entry (PACE) is a 501(c)(3) nonprofit located in Marion County Indiana that provides services exclusively to individuals with felony convictions. PACE seeks to provide services and resources to enable those returning citizens to become law abiding, productive and responsible members of society.

Housing Option

5334 New Haven Ave.
Fort Wayne, Indiana 46803
This is an approved address for sex offenders in Allen County, Indiana.
It is a small privately owned group up mainly efficiency apartments.
The owners, Bob and Karen, live right there on site.
There is usually a waiting list for an apartment.
It is not necessarily temporary living. There are some people there that have been there for more than five years.

 

Updated: February 1, 2023 — 8:55 am