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COA to hear challenge to sex offender monitoring program

November 12, 2012

An Allen County man’s argument that the state’s Sex Offender Management and Monitoring Program is unconstitutional will be heard Tuesday by a panel of the Indiana Court of Appeals.

David Bleeke was convicted of Class B felony attempted criminal deviate conduct and Class D felony residential entry and served three-and-a-half years in prison before his release to parole from the Department of Correction in 2008.

Bleeke argues that the management and monitoring program is unconstitutional and its promulgation did not comport with I.C. 11-13-3-4(b). Bleeke also argues that conditions of parole under the program were made without an individualized determination related to Bleeke’s reintegration into the community and that parole conditions under the program are unconstitutionally vague and overbroad.

An Allen Superior court granted summary judgment to the state in David Bleeke v. State of Indiana, 02A05-1201-PL-25, prior to this appeal.

Oral arguments are scheduled at 11 a.m. Tuesday in Room 413 of the Indiana Statehouse. Hearing the case will be judges Elaine Brown and Ezra Friedlander and Senior Judge Carr Darden.


 

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