Readers who have visited this blog earlier may know that the previous post discussed how a non-incarcerated registrant can protest the inclusion or modification of his or her information in the Indiana Sex Offender Registry. This post will continue the discussion by sharing further details with the reader about what needs to be done in the event that the non-incarcerated registrant’s protest is denied.
According to the Registration Appeal Procedure in Indiana for Non-Incarcerated Registrants, Indiana law enforcement agencies are supposed to let a non-incarcerated registrant know, in person or via mail, whether the protest has been granted or denied. If denied, the response states that the non-incarcerated registrant must file an appeal within seven days. The registrant is also made aware that he or she should be aware of all the relevant rules and that failure to follow the rules might result in an unfavorable ruling.
To begin the appeal process, the registrant must submit his or her request in writing to the Director of Registration and Victim Services in the Indiana Department of Corrections, along with copies of the protest and the response. In addition, the registrant needs to submit a claim that has details of and why the law enforcement agency’s decision is incorrect. The registrant may also choose to request the appeal authority to contact him in person before the final ruling for the appeal is issued.
After the Department reaches its decision regarding the appeal, it informs both the registrant and the local law enforcement agency. If the appeal is allowed, either the Department or the law enforcement agency makes necessary modifications in the Registry. If the appeal is denied, the Department’s ruling concludes the matter. The final ruling in such denial cases has details of why the appeal was denied.
As mentioned in the previous blog post, the social stigma arising from being accused of a sex crime is reason enough for an individual to exercise his or her right to appeal, especially when someone is innocent. Also, it may be in the best interests of that individual to seek help from an experienced legal professional so as to protect his or her rights despite the various challenges that lie ahead.
