Section 11-13-6-5.5 - Victim notification upon release of sex offender(a) This section shall not be construed to limit victims' rights granted by IC 35-40 or any other law.(b) As used in this section, "sex offense" refers to a sex offense described in IC 11-8-8-5.(c) As used in this section, "victim" means a person who has suffered direct harm as a result of a delinquent act that would be a sex offense if the delinquent offender were an adult. The term includes a victim's representative appointed under IC 35-40-13.(d) Unless a victim has requested in writing not to be notified, the department shall notify the victim involved in the adjudication of a delinquent offender committed to the department for a sex offense of the delinquent offender's:(1) discharge from the department of correction;(2) release from the department of correction under any temporary release program administered by the department;(4) parole release hearing under this chapter;(5) parole violation hearing under this chapter; or(6) escape from commitment to the department of correction.(e) The department shall make the notification required under subsection (d): (1) at least forty (40) days before a discharge, release, or hearing occurs; and(2) not later than twenty-four (24) hours after the escape of a delinquent offender from commitment to the department of correction. The department shall supply the information to a victim at the address supplied to the department by the victim. A victim is responsible for supplying the department with any change of address or telephone number of the victim.
(f) The probation officer preparing the predispositional report under IC 31-37-17 shall inform the victim before the predispositional report is prepared of the right of the victim to receive notification from the department under subsection (d). The probation department shall forward the most recent list of the addresses or telephone numbers, or both, of victims to the department. The probation department shall supply the department with the information required by this section as soon as possible but not later than five (5) days after the receipt of the information. A victim is responsible for supplying the department with the correct address and telephone number of the victim.(g) Notwithstanding IC 11-8-5-2 and IC 4-1-6, a delinquent offender may not have access to the name and address of a victim. Upon the filing of a motion by a person requesting or objecting to the release of victim information or representative information, or both, that is retained by the department, the court shall review in camera the information that is the subject of the motion before ruling on the motion.(h) The notice required under subsection (d) must specify whether the delinquent offender is being discharged, is being released under a temporary release program administered by the department, is being released on parole, is having a parole release hearing, is having a parole violation hearing, or has escaped. The notice must contain the following information:(1) The name of the delinquent offender.(2) The date of the delinquent act.(3) The date of the adjudication as a delinquent offender.(4) The delinquent act of which the delinquent offender was adjudicated.(5) The disposition imposed.(6) The amount of time for which the delinquent offender was committed to the department.(7) The date and location of the interview (if applicable).As added by P.L. 77-2001, SEC.1. Amended by P.L. 140-2006, SEC.16 and P.L. 173-2006, SEC.16; P.L. 146-2008, SEC.374.