INDIANAPOLIS (AP) -
A recent court ruling that says Indiana’s mandated sex offender classes for
prisoners violates the U.S. Constitution will affect all convicted,
incarcerated sex offenders who opt out of the state’s sex offender program.
A federal judge
issued a ruling in late September siding with plaintiffs who challenged the
program in a class-action lawsuit.
The plaintiffs said
they shouldn’t be forced to attend classes that force them to admit guilt if
they pleaded not guilty to the crimes for which they were convicted.
Attorney General’s Office has filed an emergency stay in the case, the
Indianapolis Star reported. The office said the decision could put the
public at risk by putting convicted sex offenders back on the streets.
Offender Monitoring and Management program began in 1999. It requires
participants to share the details of the crimes for which they were
convicted and confess to any past acts of sexual violence.
Jeff Cardella, a
criminal law professor at Indiana University’s Robert H. McKinney School of
Law, said the confession requirement to other crimes that they weren’t
convicted or accused of is a clear violation of the Fifth Amendment.
defendant could potentially face additional charges as a result of that
confession,” Cardella said. “They’re being ordered to confess to crimes the
state might otherwise not be aware of."