from the Cass Superior Court The Honorable Thomas C. Perrone,
Judge Trial Court Cause Nos. 09D01-1510-MI-70,
ATTORNEYS FOR APPELLANT Gregory F. Zoeller Attorney General
Kyle Hunter Deputy Attorney General Indianapolis, Indiana.
ATTORNEY FOR APPELLEE Mark K. Leeman Leeman Law Office and
Cass County Public Defender Logansport, Indiana.
Vaidik, Chief Judge.
After being ordered to register as a sex offender in Illinois
for ten years, Charles Summers moved to Indiana. Summers
later registered as a sex offender in Indiana. When Indiana
applied its tolling statute to Summers (in order to extend
Summers' registration period by the amount of time he was
incarcerated in Indiana for new crimes committed), Summers
claimed that applying the statute to him violated
Indiana's prohibition against ex post facto laws. He
argued that when he committed his underlying offense in
Illinois, Indiana had not yet enacted its tolling statute.
Because Summers was under a tolling requirement in Illinois,
we find no punitive burden to maintaining that requirement
across state lines. Because there is no ex post facto
violation, we reverse the trial court and remand this case.
and Procedural History
On April 27, 2005, Summers, age thirteen, was adjudicated a
juvenile delinquent in Illinois for "Criminal Sex
Abuse." Appellant's App. p. 29. He was placed on
probation and ordered to register as a sex offender in
Illinois for ten years. As a sex offender, if Summers became
incarcerated for an unrelated conviction or adjudication, his
registration period was tolled for that time period according
to Illinois statute, 730 ILCS 150/7. See Lesher v.
Trent, 944 N.E.2d 479, 483 (Ill.App.Ct. 2011) (noting
that although 730 ILCS 150/7 was amended in 2008 to clarify
an "ambiguity" regarding whether tolling was
required, the Illinois Appellate Court held that the statute
had always required tolling and that "the 2008 amendment
merely clarified this requirement"), reh'g
Summers moved to Indiana "several years" after his
April 27, 2005 delinquency adjudication. Tr. p.
Appellant's App. p. 21.
Effective July 1, 2006, the Indiana General Assembly amended
the Sex Offender Registration Act's (SORA) definition of
sex offender to include "a person who is required to
register as a sex offender in any jurisdiction." P.L.
140-2006, § 13; P.L. 173-2006, § 13; see
Ind. Code §§ 11-8-8-4.5(b)(1), -5(b)(1). Then,
effective July 1, 2008, the General Assembly amended SORA to
provide that the registration period is tolled during any
period that a sex offender is incarcerated. P.L. 119-2008,
§ 8; see Ind. Code § 11-8-8-19(a).
On August 26, 2010, Summers was convicted of two counts of
robbery in Miami County, Indiana, and sentenced to the
Indiana Department of Correction. After Summers was released
from the DOC in 2015, he registered as a sex offender in Cass
County, Indiana,  see Appellant's App. p.
39-40, and was told by the DOC that SORA's tolling
statute, Indiana Code section 11-8-8-19(a), extended his duty
to register from April 27, 2015, to January 28, 2019, which
was the amount of time that he had been incarcerated in the
On August 2, 2015, police went to Manor Motel in Logansport
to verify the address that Summers had provided when he
registered as a sex offender in Cass County, and management
told police that Summers had moved out a few days earlier.
Thereafter, the State charged Summers with Level 6 felony
failure to register as a sex offender and Class A misdemeanor
failure of a sex offender to possess identification under
Cause No. 09D01-1508-F6-233 ("Cause No. F6-233").
Appellant's App. p. 42.
Summers filed a motion to dismiss the criminal charges,
arguing that SORA's tolling provision, as applied to him,
violated Indiana's prohibition against ex post facto laws
because Indiana's tolling provision was enacted three
years after his delinquency adjudication in
Illinois. Following a hearing, the trial court dismissed the
criminal charges against Summers.
The same day that the criminal charges were dismissed,
Summers, pursuant to Indiana Code section 11-8-8-22, filed a
petition to remove his name from Indiana's sex-offender
registry under Cause No. 09D01-1510-MI-70 ("Cause No.
MI-70"). Id. at 5. The State later filed a
motion to correct error in the criminal case, and the trial
court held a joint hearing on the State's motion to
correct error and Summers' petition to remove his name
from the registry. Following the joint hearing, the court
denied the State's motion to correct error ...