Section 35-38-1-33 - Sex offender residency waiver(a) As used in this section, "offender" means an individual convicted of a sex offense.(b) As used in this section, "sex offense" has the meaning set forth in IC 11-8-8-5.2.(c) An offender may petition for waiver of the residency restriction described in IC 35-46-1-15.1(c). The court may waive the residency restriction if the court, at a hearing at which the offender is present and of which the prosecuting attorney has been notified, determines that:(1) the offender has successfully completed a sex offender treatment program; and(2) good cause exists to allow the offender to reside within one (1) mile of the residence of the victim of the offender's sex offense. However, the court may not grant a waiver under this subsection if the offender is a sexually violent predator under IC 35-38-1-7.5 or if the offender is an offender against children under IC 35-42-4-11.
(d) If the court grants a waiver under this section, the court shall determine the duration of the waiver. The offender may petition the court for an extension of the waiver not later than sixty (60) days before its expiration. However, if the court denies an offender's petition for waiver under this section, then the offender is subject to prosecution for the offense described in IC 35-46-1-15.1(c).(e) If the court grants a waiver under this section, the court shall state in writing the reasons for granting the waiver. The court's written statement of its reasons shall be incorporated into the record.(f) The address of the victim of the offender's sex offense is confidential even if the court grants a waiver under this section.Added by P.L. 87-2018,SEC. 1, eff. 7/1/2018.