Dist. Ct. did not err in finding that Indiana’s Sex Offender Management and Monitoring (INSOMM) program violated 5th Amendment by revoking good-time credits and denying opportunity to earn good-time credit for convicted sex offenders who refuse to confess their prior crimes. Record showed that: (1) all inmates convicted of sex offenses must complete INSOMM program prior to their release; (2) INSOMM program requires sex offenders to identify their prior illegal acts and to detail all past acts of sexual violence; (3) offenders do not enjoy immunity or confidentiality for any of their disclosures; and (4) sex offenders who refuse polygraph examination or give incomplete or dishonest answers are denied opportunities for earning good time credit. As such, INSOMM program placed sex offenders at risk for self-incrimination in violation of 5th Amendment that could lead future criminal prosecution. Ct. further found that INSOMM program violated 5th Amendment because program’s denial of opportunity to earn good-time credit compels sex offenders to self-incriminate and categorically renders plaintiff-prisoner ineligible for shorter term of imprisonment than what he otherwise would have received.
Federal 7th Circuit Court
Criminal Court
Fifth Amendment