Indiana D.O.C.’s Process for “Appealing” Offender Registration Requirements
Many of the questions I get from registrants is about the Indiana Department of Correction’s administrative “protest” and “appeal” process. When a registrant believes there is an error either in the registrant’s online profile or in the requirements of registration being imposed (length of registration period, designation of registrant as sexually violent predator, offender against children, etc.), the D.O.C. provides an administrative process to protest and appeal those errors.
It is unclear whether registrants must undertake this administrative process before going to court to remedy the errors. But I always encourage registrants to utilize this process because it is available to them and does not require a lawyer’s assistance.
The problem, though, is that the written guide outlining the process is poorly written and confusing. The guide can be found here. But I hope to provide some useful guidance for registrants as they work through this process.
First, there are a lot of restrictions outlined in the procedure, including waiver of issues, a limit on the number of times you can utilize the process, etc. Ignore these restrictions and utilize the process anyway. If the D.O.C. tells a registrant the process is not available due to one of those restrictions applying, that response still fulfills any possible requirement for the registrant to first exhaust all administrative remedies the registrant has before going to court for relief.
The protest/appeal process essentially has three steps.
STEP ONE
If the local law enforcement authority (LLEA) where the registrant reports to register notifies the registrant of a proposed change to the registrant’s profile or registration requirements, the registrant should proceed to Step Two.
If no notice was sent but the registrant discovers an error in his profile or his registration obligations, the registrant must do the following:
send written notice of the error and how the registrant proposes the error be corrected;
send this notice by delivery confirmation to the LLEA; and
keep a copy of the notice and a printout of the tracking/delivery confirmation for your records. The registrant will need those records later.
STEP TWO
If the registrant received notice from the LLEA of a proposed change in the registrant’s profile or registration requirements, of if under Step One the registrant asked for correction of an error but 30 days has passed with no correction, the registrant must do the following:
file a written “protest” that is signed and dated by the registrant;
explain the error and how it should be corrected; and
serve the written protest on the LLEA either in person or by mail.
TIP: it is always best to serve the protest by mail with delivery confirmation so the registrant has proof of receipt. Keep a copy of the protest and the tracking/delivery confirmation for your records.
STEP THREE
If the registrant receives a response to the protest from the LLEA but is not satisfied, or if 30 days has passed since submitting the protest and no response has been received, the registrant must do the following but only has 7 days to do so:
file a written “appeal” that is signed and dated by the registrant;
include a copy of the written protest and any response received;
explain every error in the LLEA’s response or any errors made by the LLEA in following this protest procedure; and
deliver the written appeal to following address: Director, Registration and Victim Services, Indiana Department of Correction, 302 West Washington Street, Room E334, Indianapolis, Indiana 46204-2738
TIP: again, it is always best to serve the appeal by mail with delivery confirmation so the registrant has proof of receipt. Keep a copy of the appeal and the tracking/delivery confirmation for your records.
The D.O.C. is supposed to issue a decision on the appeal within 30 days. However, many of my clients have either received a decision long after that deadline or not at all.
There is no template provided for the written protest or the written appeal. Therefore, the registrant can use any form the registrant would like and can (and should) attach any supporting documents the registrant may have.
If the registrant utilizes this protest/appeal process to correct an error but is not satisfied with the outcome, taking the matter to court may be the next step. Registrants should reach out to an attorney at that point, as this area of law is somewhat complicated.