Zachary's Law

P.L. 11-1994

Applies only to offenders convicted after June 30, 1994. The primary purpose of this law is to ensure that employers have the information they need to hire an individual to work in a position that requires contact with minors.

Summary of Relevant Provisions

I. Requires the Indiana criminal justice institute to establish and maintain a sex offender registry.

Registration

II. Requires sex offender registration.

A. Sex offender must register with each local law enforcement authority having jurisdiction in the area within seven days of arrival at the place where the offender resides or intends to reside for more than seven days. Registration includes:

1. Full name, alias, date of birth, sex, race, height, weight, eye color, Social Security number, driver's license number; and home address.
2. A description of the offense, the date of conviction, and the sentence imposed.

B. If the offender moves to a new city or county in Indiana, local law enforcement authority with whom offender registered must inform local law enforcement agency in new location.

C. The registry is updated at least one time every six months.

D. If the offender moves, he/she must notify the local law enforcement agency of the change of address within seven (7) days after the address change.

E. If the offender moves to a new locale in Indiana, the local law enforcement authority must inform the appropriate enforcement agency in the new locale of the offender's new residency.

F. An offender who knowingly or intentionally fails to register commits a Class D felony. It is a Class C felony if the offender has a prior unrelated offense (See III.B. below).

G. The duty to register terminates when the offender is no longer on probation or parole.

III. Grants access to limited criminal history information for subjects who have:

A. Volunteered services that involve contact with, care of, or supervision over a child placed, matched, or monitored by a social services agency or a nonprofit corporation;

B. Been convicted of:

1. Rape, if the victim is less than eighteen years old;
2. Criminal deviate conduct, if the victim is less than eighteen (18) years of age;
3. Child molesting;
4. Child exploitation;
5. Possession of child pornography
6. Vicarious sexual gratification;
7. Child solicitation;
8. Child seduction; or,
9. Incest, if the victim is less than eighteen (18) years of age.

IV. Requires an official of the correctional facility to:

A. Inform the offender of his/her duty to register;

B. Obtain the address where the offender expects to reside;

C. Inform the law enforcement agency in the area of the offender's residency of the offender's name, release date, new address and nature of conviction.

These must be accomplished at least 30 days but not more than 90 days before the release of the offender.

V. Requires the prosecuting attorney to notify the employer of any person who is charged with committing any of the following crimes unless it is determined that the person does not work with children:

1. Rape, if the victim is less than eighteen years old;
2. Criminal deviate conduct, if the victim is less than eighteen (18) years of age;
3. Child molesting;
4. Child exploitation;
5. Vicarious sexual gratification;
6. Child solicitation;
7. Child seduction; or,
8. Incest, if the victim is less than eighteen (18) years of age.

Employment

VI. Zachary's Law permits a school corporation to cancel the indefinite contract of any teacher convicted of any one of the crimes listed in V. above. This cancellation is effective immediately. It also requires the Indiana State Board of Education to revoke any licenses granted to offenders.

VII. The law permits employers to terminate the employment contract of a person who works with children and is convicted of one of the crimes listed in V. above.

VIII. Requires state agencies to dismiss immediately any person employed, appointed, or under contract with a state agency, who works with or around children if that person is, or has ever been, convicted of any of the crimes listed in V. above.

Purdue and other state colleges and universities, among others, are not considered "state agencies" for these purposes (See I.C. 4-13-2-1).

Students

IX. Colleges and universities were not originally considered to be among those institutions with a need to know the information contained in the sex offender registry. The Institute for Criminal Justice has since realized that there are student internships, practicums and volunteer activities that place students in structured and semi-structured settings with children. There is now the expectation that colleges and universities will consult the registry before placing students in such environments.

Registry Information Location

X. To view the Sex Offender Registry, visit the World Wide Web site.