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Order requiring man to participate in sex offender program not unconstitutional

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The Indiana Court of Appeals has found that the order requiring a man to participate in the Sex Offender Management and Monitoring program does not violate Indiana’s prohibition of ex post facto laws.

George Patrick, convicted of two counts of Class B felony rape and two counts of Class C felony criminal confinement in 1991, was released on parole in 2007. But it was later revoked, and that’s when he filed his petition for writ of state habeas corpus relief, asserting his parole was revoked due to his “involuntary termination [sic] SOMM participation as a result of his special sex offender stipulations as a condition of his parole.”

“The Parole Board is allowed to impose conditions that are ‘reasonably related to the parolee’s successful reintegration into the community,’ Ind. Code § 11-13-3-4-(b), and that subsection was in place when Patrick was convicted. Our Supreme Court has found that the SOMM program ‘is a valuable tool aimed at the legitimate purpose of rehabilitating sex offenders before they are fully released from State control,’” Judge Melissa May wrote in George Patrick v. Keith Butts, Superintendent, State of Indiana and Indiana Parole Board, 33A04-1311-MI-577.

“As the Parole Board’s authority to impose conditions on parole is not limited by the date on which the program was created, but rather is limited by the program’s ability to help reintegrate the parolee into society, the order that Patrick participate in SOMM does not violate the ex post facto clause.”

 

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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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