New Restrictions for Indiana Offender Registrants

Last week the Governor signed into law House Enrolled Act 1687, which further restricts people who are required to register as sex or violent offenders in Indiana. A copy of the enrolled act can be found here.

There are two new restrictions, both which take effect on July 1, 2025. The first restriction applies to probation transfers. If you are on probation and are required to register as a sex or violent offender, your ability to transfer your probation from one county to another will be treated differently than other people on probation. A registrant will only be permitted to transfer his probation if both the sending county and the receiving county approve of the transfer.

In deciding whether to approve the request for a transfer, both courts must consider the following factors: whether the registrant has a family member that resides in the receiving county; whether the registrant has verified employment arranged in the receiving county; and whether the registrant has verified living arrangements in the receiving county. Those living arrangements cannot include a “communal housing arrangement for released prisoners.”

Each county’s order must include factual findings of the above factors. If either court denies the transfer request, the registrant may appeal that denial.

The second restriction is not as clear. For those registrants who are designated as either sexually violent predators (SVP) or offenders against children (OAC), an employment restriction is already in place. Currently, SVPs and OACs cannot work or volunteer on school property, at a youth program center, at a public park, as a child care provider, for a child care provider, at respite care services, or at adult care services under Indiana Code section 35-42-4-10.

Effective July 1, 2025, SVPs and OACs also will not be able to work or volunteer “in any setting where the sexually violent predator or offender against children: (A) has more than incidental and occasional contact with a child who is not accompanied by the child’s parent, guardian, or custodian; (B) has supervisory or disciplinary power over a child; or (C) is expected to touch a child on a more than incidental and occasional basis.” Indiana Code section 35-42-4-10.

The legislature has not defined what counts as “incidental and occasional,” or what involves “supervisory or disciplinary power.” This new section also has overlap with the other work-related restrictions. But it would seem that an SVP or OAC cannot volunteer in Sunday school for children, work in numerous healthcare-related positions, be a coach for youth clubs, sports, etc. One specific example given by a legislator was that the new restriction was intended to prohibit an SVP or OAC from being a karate instructor for children.

Another concern: can an SVP or OAC work at a fast food restaurant from now on? The language would seem to prohibit that.

We will know the real effects of these new restrictions when the law takes effect. I anticipate constitutional challenges to the new restrictions, particularly when they are applied to people who are already working or volunteering at places that will be prohibited when the new law takes effect.

As a reminder, I have created a basic handbook that registrants can use to understand their registration requirements and restrictions. You can access it here.