A WIN for people in the state of Indiana yesterday, as the 7th Circuit Upholds a lower court decision in favor of a group of persons with past sexual offense convictions who move to Indiana and were forced to register, where they would not have to had they been convicted in Indiana.
Here’s the start of the opinion:
Sex offender registration and notification laws have a unique place at the intersection of criminal and civil law. These civil laws impose cumbersome and often lifelong burdens on former criminal perpetrators, many of whom have finished all forms of imprisonment and post-imprisonment supervision. For this reason, they are frequently challenged as unconstitutional. In this case, the plaintiffs have challenged Indiana’s Sex Offender Registration Act (SORA) as it applies to offenders who have relocated to Indiana from other states after the enactment of SORA, and who are forced to register under the law, but would not have been required to do so had they committed their crimes as residents of Indiana prior to the enactment of the relevant portions of SORA and maintained citizenship there. The district court found the registration requirements to be unconstitutional, and we uphold the district court’s finding that this application of SORA violates the plaintiffs’ right to travel.
Here’s the full opinion: Hope v. Indiana