IA- 15 sex offenders to be released immediately

Iowa Supreme Court decisions are available in the "Files Area" of our SO-News Group.

1-27-2009 Iowa:

DES MOINES - Following the recent release of two Iowa Supreme Court decisions, the Iowa Department of Public Safety has reviewed all cases affected and determined that there are 15 offenders currently incarcerated by the Department of Corrections that must be immediately released.

These decisions override the Department's interpretation of Iowa Code 903A .2 (1)(a), to suspend "earned time" if an offender refuses to participate or fails Sex Offender Treatment Programming (SOTP) until such time as the offender successfully participates and completes SOTP.

The ruling applies to offenders whose offense was committed prior to the amendment to Iowa Code 903A.2 effective January 1, 2001.

Following review of these decisions by the Governor's General Counsel and the Attorney General's Office, Governor Culver has directed the Department of Corrections to ensure that all steps are taken to properly notify victims and that all offenders are registered with the Department of Public safety Sex Offender Registry Program prior to release.

The names of the offenders to be immediately released are listed below:
— ___, assault to commit sex abuse/injury in Webster County
— ___, lascivious acts with a child and third-degree sexual abuse in Ringgold County
— ___, second-degree sexual abuse in Muscatine County
— ___, domestic abuse assault without intent
— ___, third-degree sexual abuse in Polk County
— ___, second-degree sexual abuse in Scott County
— ___, second-degree sexual abuse in Cherokee County
— ___, third-degree sexual abuse in Humboldt County, indecent contact with a child in Emmet County
— ___, third-degree sexual abuse in Scott County
— ___, second-degree sexual abuse and assault to commit sexual abuse/injury in Black Hawk County
— ___, sexual exploitation of a minor in Monroe County
— ___, third-degree sexual abuse in Polk County
— ___, three counts third-degree sexual abuse in Story County
— ___, third-degree sexual abuse in Harrison County
— ___, attempted murder in Woodbury County

Source: Iowa Department of Corrections (Des Moines News)




Iowa to release 15 sex offenders who failed to complete treatment

A total of 15 sex offenders will walk out of prison in the coming days and hours after the Iowa Supreme Court ruled state corrections officials unfairly denied a reduction in their sentences.

The offenders at issue had refused to participate or failed to complete treatment programs for sex offenders.

A law that went into effect Jan. 1, 2001, allowed prison officials to deny some earned-time credits if offenders did not participate in or complete the program.

But the offenders at issue had committed their crimes before the law took effect, and the Supreme Court found in a pair of rulings issued Friday they were not subject to it.

The Iowa Department of Corrections announced the releases today as they worked to notify victims of the crimes.

At a hastily arranged news conference, corrections spokesman Fred Scaletta said because the offenders completed the duration of their sentences, they would not be subject to parole or other supervision programs.

“There will be no supervision, and we will be opening the door and letting these people out,” Scaletta said.

That means corrections officials will have no control over where they go or approval over where they live, he said.

“Under the circumstances, there is probably reason to be concerned,” Scaletta said. “I would not go as far as to say there is an immediate threat, but certainly, the victims are the ones that are going to feel the concern here more than anyone, and we hope that we can get them all notified.”

Scaletta said this afternoon officials expected the process to be completed in the next 48 hours.

Those who are released will be required to register as sex offenders within five days after they are out.

Scaletta said officials did not know whether the offenders would be subject to the state’s law that prohibits some sex offenders from living within 2,000 feet of a school or day-care center.

He said some offenders have probably stayed three or four months past when they should have been released.

Corrections officials knew the way they interpreted the law and applied it could carry some risk, Scaletta said.

“I wouldn’t say we expected this decision, but we’re not surprised by it,” Scaletta said.

Carlos Jayne, an advocate for the Justice Reform Consortium, said the group has been concerned whether sex offender treatment programs inside Iowa prisons are adequate. The group is seeking policies to reduce the prison population with an emphasis on rehabilitation.

“I know that we haven’t properly addressed the whole sex offender issue and properly addressed the issue of the right kind of treatment for people who are in the sex offender program,” Jayne said. ..Source.. by Charlotte Eby, Journal Des Moines Bureau