How Relocation to Indiana Affects Offender Registration
The most frequent question I receive about Indiana’s Sex and Violent Offender Registry is from attorneys in other states with clients contemplating a move to Indiana. How will the relocation affect the client’s registration requirements? The answer is not always straightforward.
There is no uniform offender registration system across all states; each state has its own. In Indiana, when the triggering offense was committed is relevant for registration purposes, but only for Indiana convictions. When the triggering offense was committed is not relevant for people with out-of-state convictions. Rather, if the person was required to register in any jurisdiction when he moves to Indiana, he will be required to register in Indiana.
Our Supreme Court decided that issue in 2016 in Tyson v. State, 51 N.E.3d 88 (Ind. 2016). The Court explained that Indiana law “merely maintain[s an offender’s registration status'] across State lines . . . .” The registration period for a relocated registrant is determined by comparing Indiana law and the other state’s law and applying the law with the longer registration period. See Ind. Code section 11-8-8-19(f).
What if the person planning to relocate to Indiana has a triggering conviction but is not required to register in any other jurisdiction? Will he be required to register in Indiana? Good question. Years ago, I would have said probably not, based on the law at the time. But there have been several changes that lead me to believe the person probably would have to register in Indiana. Our Supreme Court is very deferential to the plain language of Indiana statutory law. In 2020, Indiana Code section 1-1-2-4 was added. This section provides that any reference in the Indiana Code to a criminal conviction necessarily includes a conviction for a substantially similar offense in another jurisdiction. Thus, even if a person is not required to register in another state before moving to Indiana, if the person has a conviction for an offense substantially similar to a “sex or violent offense” in Indiana, the person likely will be required to register.